Township of North Stormont Agenda Committee of Adjustment Tuesday, August 1, 9:00 AM Council Chambers

Township of North Stormont Agenda Committee of Adjustment Tuesday, August 1, 2017 @ 9:00 AM Council Chambers Page 1. CALL TO ORDER 1.1. That the Committee of Adjustment convenes at a.m. on August 1, 2017. 2. AMENDEMENT TO THE AGENDA(ADDITION/DELETION) 3. ADOPTION OF AGENDA 4. DISCLOSURE OF PECUNIARY INTEREST 5. ADOPTION OF MINUTES OF PREVIOUS MEETING 6. PRESENTATIONS 6.1. A08/2017 Hog Haven Minor Variance THAT the Committee of Adjustment grants relief from Section 3.28(2) Minimum Distance Separation of Comprehensive Zoning Bylaw 082014 to reduce the minimum required setback from a proposed swine barn expansion to a neighbouring dwelling from 487 metres (1,598 feet) to 196 metres (639 feet) because the general intent of the Zoning Bylaw and Official Plan is being maintained, the request is minor and the proposed swine barn expansion is desirable and appropriate in these Agricultural Resource Lands. PDA08/2017 Hog Haven Minor Variance Pdf PDA08/2017 Hog Haven Minor Variance Html 6.2. Minor Variance A09/2017 Webster THAT the Committee of Adjustment grants relief from Section 6.1(2)(E) Residential First Density Zone Requirements Interior Yard Setback of Comprehensive Zoning Bylaw 082014 to reduce the minimum required interior side yard setback from 3 metres (9.8 feet) to 1.7 metres (5.5 feet) to permit the construction of a deck attached to the principal dwelling because the general intent of the Zoning Bylaw and Official Plan are being maintained, the request is minor, and the reduced interior yard setback is desirable and appropriate in the Rural Settlement Area. PD0292017Minor Variance A09/2017 Webster Pdf 6.3. Minor Variance A10/2017 1638033 Ontario Inc. THAT the Committee of Adjustment grants relief from Section 6.3(2)(J) Residential Third Density Zone Requirements Lot Coverage of Comprehensive Zoning Bylaw 082014 to increase the maximum permitted lot coverage from 35% to 45% to permit the construction of townhouse 3 16 17 21 23 28 Page 1 of 28

units on three separate lots because the general intent of the Zoning Bylaw and Official Plan are being maintained, the request is minor and the increased lot coverage is desirable and appropriate in the Residential District and Urban Settlement Area. PD0302017Minor Variance A10/2017 1638033 Ontario Inc. Pdf 7. QUESTION PERIOD RESERVED FOR MEMBERS OF THE PUBLIC 8. QUESTION PERIOD RESERVED TO COUNCIL MEMBERS 9. DECISION 10. ADJOURNMENT 10.1. That the Committee of Adjustment adjourns at a.m. Page 2 of 28

The Corporation of the Township of NORTH STORMONT Agenda Date: August 01, 2017 Subject: A08/2017 Hog Haven Minor Variance Attachments: Hakvoort MV Map Hog Haven Proposed Barn Expansion Site Plan Burri Objection Email Report No. PD0282017 File No. D Development and Planning D13 Variances 2017 A 08/2017 Hakvoort 1.0 RECOMMENDATION THAT the Committee of Adjustment grants relief from Section 3.28(2) Minimum Distance Separation of Comprehensive Zoning Bylaw 082014 to reduce the minimum required setback from a proposed swine barn expansion to a neighbouring dwelling from 487 metres (1,598 feet) to 196 metres (639 feet) because the general intent of the Zoning Bylaw and Official Plan is being maintained, the request is minor and the proposed swine barn expansion is desirable and appropriate in these Agricultural Resource Lands. 2.0 LEGAL DESCRIPTION Concession 3, Lot 6, former Township of Finch, now the Township of North Stormont, municipally known as 2974 Goldfield Road North. 3.0 BACKGROUND The applicant is seeking relief from Section 3.28(2) Minimum Distance Separation of Comprehensive Zoning Bylaw 082014 to reduce the minimum required separation distance, as calculated, from a proposed swine barn expansion to a neighbouring residential dwelling from 487 metres (1,598 feet) to 196 metres (639 feet). If the variance is granted, the applicant would be permitted to construct a swine barn expansion without meeting the minimum required separation distance from a sensitive use. 4.0 POLICY CONSISERDATION Official Plan The subject lands are designated as Agricultural Resource Lands as per Schedule Page 3 of 28

A3 Rural Land Use. 5.06.3 Agricultural Resource Lands 7. Minimum Distance Separation Formulae I and II The Minimum Distance Separation (MDS) Formulae I and II, as amended from timetotime, of the Ministry of Agriculture and Food shall be applied to reduce incompatibility concerns about odour from livestock facilities and/or manure storage facilities and any nonfarm uses. The MDS Formulae II will not apply to the rebuilding of a building destroyed by natural causes (eg. fire, flood) provided that the rebuilding does not further diminish the applicable distance separation. 8. Normal Farm Practices Normal farm practices will be promoted and protected in Prime Agricultural Areas. Provincial Policy Statement All matters regarding planning "Shall be consistent with" the policies of the PPS. 2.3 Agriculture 2.3.3 Permitted Uses 2.3.3.2 In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices should be promoted and protected in accordance with provincial standards. 2.3.3.3 New land uses, including the creation of lots and new or expanding livestock facilities shall comply with the minimum distance separation formulae. 5.0 ANALYSIS For variances, the criteria (often called the "four tests") are set forth in Section 45(1) of the Planning Act, namely that a variance must be minor, desirable for the appropriate development or use of the property, and maintain the general intent and purpose of the Zoning Bylaw and Official Plan. Regarding minor, the test of minor is not always mathematical, but also a question of unacceptable adverse impact. The purpose of the variance is to grant relief from Section 3.28(2) Minimum Distance Separation of Comprehensive Zoning Bylaw 082014 to reduce the minimum required setback from a proposed swine barn expansion to a residential dwelling by 60% from 487 meters (1,598 feet) to 196 metres (639 feet). In October of 2011, the swine barn was complete demolished by a fire. The rebuilding of the new swine barn did not require a minor variance as the reconstruction was on the same foot print as the previous barn. The proposed expansion is to be located on the north side of the existing swine barn. The proposed expansion as indicated on the attached site plan will be approximately 42 Page 4 of 28

feet by 91 feet, for a total of 3,822 square feet. There are six residential houses and two farm operations located within the 487 metre influence area of the proposed barn expansion. The reduction that is being sought is to the property immediately south of the existing operation, on the other side of the railway tracks. There are no anticipated adverse impacts to the neighbouring dwelling of which the variance applies to. The barn expansion that is proposed will be located further away from the residential building. Regardless of where the applicant constructs the barn expansion, they cannot meet the required setback of 487 metres due to the increased number of residential dwellings within the vicinity. Comments from Members of the Public The Township received a letter of objection, attached, from a neighbouring property owner. The property owner raised concerns about the proposed variance and its impact on their ability to construct a dwelling in the future. The land holding is approximately 171.12 acres in size and fronts on both Goldfield Road and Concession 34 Road. The attached map shows the extent of the influence area on the neighbouring property owners land. At this time the Township is not aware of where the land owner plans to construct a dwelling on their land. To date no building permit has been issued to construct a residential dwelling. The land is zoned Agricultural (AG) which would permit a single family dwelling. The property owner currently would have to be setback from the existing livestock facility if they were to construct a dwelling within close proximity. The applicant expressed concerns about future expansions of the farming operation. Each time the property owner expands their farming operation in relation to livestock and manure storage, they must update their nutrient management strategy and are subject to minimum distance separation. If the applicant cannot meet a minimum setback as calculated, they are required to obtain a minor variance. This requires public notification to all property owners within 60 metres of the property. Clarification was requested from the Ministry of Agricultural, Food and Rural Affairs in regard to the construction of a dwelling on the neighbouring property. The Minimum Distance Separation Guidelines do not provide clear direction regarding a neighbouring property owners ability to construct a new dwelling that meets the reduced setback as approved through a minor variance. If it is permitted, this would reduce the setback for the neighbour to permit the construction of a new dwelling no closer than 196 metres to the proposed expansion. The Township has yet to hear from the Ministry on this matter. 6.0 ENVIRONMENTAL CONSIDERATIONS The subject land is not located within a Well Head Protection Area as per the Source Protection Plan. For more information please visit www.yourdrinkingwater.ca or contact South Nation Conservation. Page 5 of 28

7.0 RECOMMENDED CONDITIONS N/A 8.0 ALTERNATIVES The Committee can choose to not grant the variance. The Committee can choose to grant the variance with conditions. FINANCIAL/STAFFING IMPLICATIONS This item has been approved in the current budget: Yes No N/A X This item is within the approved budgeted amount: Yes No N/A X This item is mandated by the Provincial/Federal Government: Yes No N/A X Prepared By: Reviewed and submitted by: Submitted for Council consideration by: Amy Martin Community Planner Marc Chénier CAO/Clerk Page 6 of 28

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Haakvoort Hog Haven Barn Expansion Site Plan 42 feet x 91 feet barn expansion Distance from proposed expansion to neighbouring dwelling (639 feet) Page 8 of 28

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The Corporation of the Township of NORTH STORMONT Agenda Date: August 01, 2017 Subject: Minor Variance A09/2017 Webster Attachments: webster aerial map Webster Site Plan Report No. PD0292017 File No. D Development and Planning D13 Variances 2017 A 09/2017 1.0 RECOMMENDATION THAT the Committee of Adjustment grants relief from Section 6.1(2)(E) Residential First Density Zone Requirements Interior Yard Setback of Comprehensive Zoning Bylaw 082014 to reduce the minimum required interior side yard setback from 3 metres (9.8 feet) to 1.7 metres (5.5 feet) to permit the construction of a deck attached to the principal dwelling because the general intent of the Zoning Bylaw and Official Plan are being maintained, the request is minor, and the reduced interior yard setback is desirable and appropriate in the Rural Settlement Area. 2.0 LEGAL DESCRIPTION Plan 20, Lot 18, former Township of Roxborough, now the Township of North Stormont, municipally known as 3259 Main Street Avonmore. 3.0 BACKGROUND The applicant is seeking a minor variance from Section 6.1(2)(E) of Comprehensive Zoning Bylaw 082014 to reduce the minimum required interior side yard setback from 3 metres (9.8 feet) to 1.7 metres (5.5 feet). If the variance is granted, the applicant would be able to construct a new deck that is attached the existing house without meeting the minimum required interior yard setback. 4.0 POLICY CONSISERDATION Official Plan The subject property is designated as Rural Settlement Area as per Schedule A3 of the United Counties Official Plan. Section 3.06.6 Planning Principles states: Page 17 of 28

3.06.6(1) Adequate Lot Size The lot size shall be adequate for all existing and proposed or potential future land uses including the expansion of buildings and structures. Provincial Policy Statement All decisions pertaining to planning "shall be consistent with" the Provincial Policy Statement (PPS). 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns 1.1.1 Healthy, livable and safe communities are sustained by: c) Avoiding development and land use patterns which may cause environmental or public health safety concerns. 5.0 ANALYSIS For variance purposes, the criteria (often called the 'four tests') are set forth in Section 45(1) of the Planning Act, namely that a variance must be minor, desirable for the appropriate development or use of the property and maintain the general intent and purpose of both the Zoning Bylaw and the Official Plan. Regarding minor, the test of minor is not always mathematical but also a question of unacceptable adverse impact. The purpose of the minor variance is to grant relief from Section 6.1(2)(E) of Comprehensive Zoning Bylaw 082014 to reduce the minimum required interior side yard setback by 43% from 3 metres (9.8 feet) to 1.7 metres (5.5 feet). The new deck construction will be attached to the existing house and is considered a part of the existing building envelope. The proposed deck will not extend any further towards the interior property line than the existing dwelling. The house, which was built in the 1870's, is considered legal noncomplying in regard to the interior yard setback. The deck, which is a new construction, must meet the setback standards that are established in the current Zoning Bylaw. The deck will be built on the south east side of the house. The neighbouring property, which is currently owned by the applicants, will not be adversely impacted by the proposed development. The neighbouring house sits further back on the property, with plenty of trees providing a visual buffer. 6.0 ENVIRONMENTAL CONSIDERATIONS The subject property is not located within a Well Head Protection Area as per the Source Protection Plan. 7.0 RECOMMENDED CONDITIONS Page 18 of 28

N/A 8.0 ALTERNATIVES N/A FINANCIAL/STAFFING IMPLICATIONS This item has been approved in the current budget: Yes No N/A X This item is within the approved budgeted amount: Yes No N/A X This item is mandated by the Provincial/Federal Government: Yes No N/A X Prepared By: Reviewed and submitted by: Submitted for Council consideration by: Amy Martin Community Planner Marc Chénier CAO/Clerk Page 19 of 28

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The Corporation of the Township of NORTH STORMONT Agenda Date: August 01, 2017 Subject: Minor Variance A10/2017 1638033 Ontario Inc. Attachments: Site Plans Report No. PD0302017 File No. D Development and Planning D13 Variances 2017 A 010/2017 1.0 RECOMMENDATION THAT the Committee of Adjustment grants relief from Section 6.3(2)(J) Residential Third Density Zone Requirements Lot Coverage of Comprehensive Zoning Bylaw 082014 to increase the maximum permitted lot coverage from 35% to 45% to permit the construction of townhouse units on three separate lots because the general intent of the Zoning Bylaw and Official Plan are being maintained, the request is minor and the increased lot coverage is desirable and appropriate in the Residential District and Urban Settlement Area. 2.0 LEGAL DESCRIPTION Plan 12, Lot 10, 11, 12, 13 and Part of Lot 14, Block A, former Township of Finch, now the Township of North Stormont 3.0 BACKGROUND The applicant is seeking a minor variance from Section 6.3(2)(J) Residential Third Density Zone Requirements Lot Coverage of Comprehensive Zoning Bylaw 08 2014 to increase the maximum permitted lot coverage from 35% to 45%. If the request is granted, the minor variance would permit the applicant to build three town houses units two with four dwellings and one with five dwelling units, that exceed the current maximum lot coverage. 4.0 POLICY CONSISERDATION The subject lands are designated as Urban Settlement Area and Residential District as per Schedule A3b Crysler of the United Counties Official Plan. Table 3.1 Permitted Land Uses in Designated Urban and Rural Settlement Areas and the Rural Area permits in the Residential District: a full range of low, medium and high density housing types. As per Section 3.06.6 Planning Principles: Page 23 of 28

3.06.6(1) Adequate Lot Sizes The lot size shall be adequate for all existing and proposed or potential future land uses including the expansion of buildings and structures. 3.06.6(2) Servicing Capacity Servicing capacity shall be available and adequate to support existing and proposed uses as set out in Section 4 of this Plan for both public service use and infrastructure. 3.06.7 Community Structure and Design Criteria 1. Community Structure Local Municipalities will encourage development which is compact by directing development onto vacant lands within existing settlement areas. 2. Residential Areas All residential development should include a generous area devoted to open space to be utilized as privacy areas for occupants, snow storage areas and landscaping. Existing natural vegetation will be conserved wherever possible. Provincial Policy Statement All decisions pertaining to planning "shall be consistent with" the Provincial Policy Statement (PPS). 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns 1.1.1 Healthy, livable and safe communities are sustained by: c) Avoiding development and land use patterns which may cause environmental or public health safety concerns. 5.0 ANALYSIS For variance purposes, the criteria (often called the 'four tests') are set forth in Section 45(1) of the Planning Act, namely that a variance must be minor, desirable for the appropriate development or use of the property and maintain the general intent and purpose of both the Zoning Bylaw and Official Plan. Regarding minor, the test of minor is not always mathematical but also a question of unacceptable adverse impact. The purpose of the minor variance is to grant relief from Section 6.3(2)(J) Residential Third Density Zone Requirements Lot Coverage to increase the maximum lot coverage by 10% from 35% to 45%. The increase in maximum lot coverage would permit the applicant to construct 3 blocks Page 24 of 28

of town house units that exceed the current maximum lot coverage. The proposed development will occur in three blocks. The first block, which consists of 4 units exceeds the lot coverage by 3%. The lot area is 910 square metres and the building area is 347 square metres, resulting in a 38% lot coverage. The middle block, which will consist of 5 units, has a lot area of 1088 square metres and a building area of 434 square metres resulting in a lot coverage of 39.8%. The third block has a lot area of 907 square metres and a building area of 347 square metres, resulting in a 38% lot coverage. The applicant is seeking to increase the maximum required lot area of 45% to accommodate individual property owners to install a shed at the rear of their lots should they choose to after the project is developed. The Zoning Bylaw minimum requirement of 35% open space is still being met. The town house units that are proposed will bring in a medium density residential use on existing lots. The units will be connected to municipal water and sewer. Increasing the maximum permitted lot coverage does not have an adverse impact on the use of the subject lands or on the surrounding land uses. 6.0 ENVIRONMENTAL CONSIDERATIONS The proposed development is not located within a Well Head Protection Area as identified in the Source Protection Plan. 7.0 RECOMMENDED CONDITIONS N/A 8.0 ALTERNATIVES N/A FINANCIAL/STAFFING IMPLICATIONS This item has been approved in the current budget: Yes No N/A X This item is within the approved budgeted amount: Yes No N/A X This item is mandated by the Provincial/Federal Government: Yes No N/A X Prepared By: Reviewed and submitted by: Submitted for Council consideration by: Amy Martin Community Planner Marc Chénier CAO/Clerk Page 25 of 28

REGISTERED PLAN : LOTS IO, II, I2, I3 AND PART OF LOT I4 5.... BLOCK "A" um M. REGISTERED PLAN I2 VILLAGE OF CRYSLER TOLUNSHIPOF NORTH STORMONT COUNTY OF STORMONT L " " E" BUILDING GREEN 5IDauALI< CONCRETE OR INTERLOCK ABPHALT PAVEMENT,.~.1. W /6001 /6.001 ////>.ooi MW / 2z.s1a/ /% 4 UNITS TOIIJNHOUSES PROPOSED, 2 ETOREY 7/; // 2 STOREY BUILDING AREA 434.oe Oq/In Sq/m (3'I3b.76 Oq.H.), // 7// FROM SURVEY DONE BY ANNIS, O'SULLI\/AN, \/OLLEBEKK LTD. 4 UNITS TOLUNHOUSES PROPOSED 2 STOREY V/// BUILDING AREA eqm 341»: (313525 oqn) «12.15 PART I BOUNDARY DERIVES S UNITS TOLIJNHOUSES PROPOSED BUILDING AREA 341." PROPERTY Iq.I I.) PART 3 PART 2 PRELIMINARY DRAIUINGS NOT FOR CONSTRUCTION PRODUCTS 6 MATERIAL SHALL NOT BE ORDERED LUITHTHESE DRALUINGS mom. I. L»: a, of n... In mu ma ux. I mum.4 an wuw of M: 3.2.4 9! Dlvlulon wbnauevw Im o. Bmldlng sea. q.um.a. nu on In IVI Appmrpvlul Mgulamd. gm»: «nugvavlu. www Iran/Iawl Flm mm: acm: 125:5 20795 Data SITE PLAN SCALE amg. my DI: ugm.a llm um «um. mpammm, moo Luc Levels Ammmul TochnoII:gIo\ Imam Member IEI3 AATO PROJECT x R3 BUILDING SIZE BUILDING AREA 73318 3135.76 In x I4.4' a In SGIFT (34', I LOT AREA MINIMUMLOT AREA REQUIRED BUILDING HEIGHT MAXIMUM BUILDING HEIGHT MINIMUMEXTERIOR 15 In In In LOT WIDTHMINIMUMLOT IUIDTHREQUIRED / EXTERIOR SIDE YARD MINIMUMEXTERIOR SIDE YARD REQUIRED LOT COVERAGE MIN. LANDSCAPE Page 26 of 28 FOR UNITS IO Parklngs 2 Parklng x 4. 8 Parklnge 73.915 3135.26 FOR UNITS REQUIRED > l5eued LOT COVERAGE I4/ObI2OI'I DESIGN 5 DRAFTING IDA! rm. Dr: 2225 en... 61. P.c. mm 30: 0m us. mm...o.l m:,ou.u On. we KOA xv. 421 SIS443 34e mm: pncuzcr 3B.26 PROPOSED SITE PLAN OF TOWNHOUSE 95 M.\/. REQLHRED OPEN SPACE FOR I633BO3 ONT. INC. MIN. LANDSCAPE OPEN SPACE Io Parklngs 2 /O6/7011 emucne 359. x 5 as/omori APPROVAL ISMED FOR PRELIMINARY Itlauvux wuiu,iu IuvoIod AIgnu Euw IrlaimcllvemdqIg\.:b LANSCAPED 2 Parking son IBEUED FOR APPROVAL 46% IO Parking: FOR UNITS m2) MAXIMUM LOT COVERAGE In (34'I. I INTERIOR SIDE YARD MINIMUMINTERIOR SIDE YARD REQUIRED NUMBER OF PARKING SQ/FT MINIMUMREAR YARD REQUIRED NUMBER OF PARKING I4.4'I3 M X LOT AREA MINIMUMLOT AREA REQUIRED REAR YARD REQUIRED OPEN SPACE R3 EXTERIOR SIDE YARD MINIMUM EXTERIOR SIDE YARD REQUIRED 33.38 % I I.V. MAXIMUM LOT COVERAGE BUILDING SIZE BUILDING AREA FRONT YARD MINIMUM FRONT YARD REQUIRED LANSCAPED OPEN SPACE I BUILDING OF 4 RESIDENTIAL TOLIJNHOUSEUNITS 2 STOREY HIGH BUILDING HEIGHT MAXIMUM BUILDING HEIGHT II! FOR UNITS 1.59 II In O/BM INTERIOR SIDE YARD MINIMUM INTERIOR SIDE YARD REQUIRED REQUIRED 15 m x ZONING LOT UJIDTHMINIMUM LOT IUIDTH REQUIRED In 1068.29 aq.m BOO aq,m em 93 M.\/. REQUIRED NUMBER OF PARKING m2) II/a n/a NUMBER OF PARKING (434.06 FRONT YARD MINIMUMFRONT YARD REQUIRED 38. 2 OPEN SPACE In 36.06 REAR YARD MINIMUM REAR YARD REQUIRED OPEN SPACE x H.415 46'I2.I5 SQ/FT BUILDING HEIGHT MAXIMUM BUILDING HEIGHT MAXIMUM LOT COVERAGE In o/ L59 II SIDE YARD REQUIRED 75.B$4 LOT AREA MINIMUMLOT AREA REQUIRED o/biii INTERIOR SIDE YARD ~ MINIMUMINTERIOR SIDE YARD REQUIRED MIN. LANDSCAPE III R3 e10.53 9q.IrI 120 oq.m REAR YARD MINIMUMREAR YARD REQUIRED LOT COVERAGE III2) PROJECT I BUILDING OF 5 RESIDENTIAL TOWNHOUSE UNIT5 2 STOREY HIGH BUILDING SIZE BUILDING AREA 30.I'1 FRONT YARD MINIMUMFRONT YARD REQUIRED EXTERIOR SIDE YARD : ZONING LOT IIIIDTHMINIMUMLOT WIDTHREQUIRED LANSCAPED PROJECT I BUILDING OF 4 RESIDENTIAL TOWNHOUSEUNITS 2 STOREY HIGH ZONING azoaas NUMBER OF PARKING FOR UNITS NUMBER OF PARKING REQUIRED 8 Pdfkmgo FOR UNITS snassv cmrsma FROJECYNO. 70 'I0010 9;... I<.LAVOIE 5,. 2 Parking x 4 x 8 F arkinge vsmexm av L.LAvoIE DRALI/IN5a no,

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