THE CORPORATION OF THE TOWNSHIP OF NORWICH COMMITTEE OF ADJUSTMENT TUESDAY NOVEMBER 22, 2016 7:00 P.M. COUNCIL CHAMBERS, NORWICH AGENDA Page 2-4 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST 4. 4.1 MINUTES OF PREVIOUS MEETING November 8, 2016 5. 5.1 APPLICATIONS FOR MINOR VARIANCE File No.: A 16/16 Report No.: 2016-280 Location: Part Lots Lot 18, Concession 3, 345195 Quaker Street (former North Norwich) Township of Norwich Details of Proposed Variance: Relief from the provisions of Section 7.2.1 Minimum Distance Separation Requirements for Livestock Barns and Structures, to reduce the minimum distance separation requirement for a proposed livestock barn (beef) addition to the nearest neighbouring dwelling located at 345207 Quaker Street from 184 m (602 ft) to 170 m (557.7 ft); and Section 7.2.2 Minimum Distance Separation Requirements for Manure Storage Structures, to reduce the minimum distance separation requirement for a proposed manure storage structure to the nearest neighbouring dwelling located at 345207 Quaker Street from 265 m (807 ft) to 150 m (492.1 ft), and the neighbouring dwelling located at 345208 Quaker Street from 265 m (807 ft) to 190 m (623.4 ft). 6. CORRESPONDENCE 5-12 None 7. OTHER BUSINESS None 8. ADJOURNMENT Page 1 of 12
THE CORPORATION OF THE TOWNSHIP OF NORWICH COMMITTEE OF ADJUSTMENT TUESDAY NOVEMBER 8, 2016 1. CALL TO ORDER This session of the Committee of Adjustment of the Township of Norwich was held in the Council Chambers, Norwich, Ontario, commencing at 9:00 a.m. Tuesday November 8, 2016 with Councillor Palmer in the Chair. All members were in attendance, except Councillor Scholten. Also in attendance was Kyle Kruger, CAO/Clerk and Kimberley Armstrong, Secretary-Treasurer, Committee of Adjustment. 2. APPROVAL OF AGENDA Resolution #1 Moved by Lynne DePlancke, seconded by Larry Martin: That the agenda for the November 8, 2016, meeting of the Committee of Adjustment be accepted as presented. 3. DISCLOSURE OF PECUNIARY INTEREST No disclosure was reported. 4. MINUTES OF PREVIOUS MEETING 4.1 October 11, 2016 Resolution #2 Moved by Lynne DePlancke, seconded by Larry Martin: Carried That the minutes of the Committee of Adjustment dated October 11, 2016, be adopted as printed and circulated. Carried 5. APPLICATIONS FOR MINOR VARIANCE 5.1 Owner: Diedrich and Aggie Teichroeb File No.: A 14/16 Report No.: 2016-262 Location: Part Lots 6 and 7, Concession 5, Airport Road (former North Norwich) Township of Norwich Details of Proposed Variance: Relief from the provisions of Section 17.2 - Zone Provisions: Restricted Industrial Zone (MR), to reduce the minimum interior side yard width on the west side of the property from 7.5 m (24.6 ft.) to 6.1 m (20 ft) to permit the construction of an accessory single detached dwelling, which will be accessory to a restricted industrial use on the subject lands. November 8, 2016 Page 2 of 12
Committee of Adjustment Minutes November 8, 2016 Page 2 of 3 *This variance has been amended from the applicants original request to reduce the required interior side yard setback from 7.5 m to 2.4 m on one side and 5.4 m on the other side; and subsequent request to reduce the interior side yard width on the west side from 7.5 m to 3 m. The applicant, Dietrich Tiechroeb was in attendance. Ms. Rebecca Smith, Development Planner, outlined the request as amended. She advised that the amended request can be considered minor as it would appear that the revised interior side yard width will provide a sufficient buffer from neighboring properties to ensure negative impacts such as noise, odor or dust emissions are reduced. There were no questions from Committee members. There was no one in attendance that wished to speak in support of or against the application. Resolution #3 Moved by Wayne Buchanan, seconded by Lynne DePlancke; That with respect to the application for Minor Variance by Diedrich and Aggie Teichroeb, File No. A-14/16, for lands legally described as Part Lots 6 & 7, Concession 5, Airport Road (former North Norwich) and Parts 1 & 2, Plan 41R-9356 in the Village of Norwich, Township of Norwich, for Relief of Table 17.2 Zone Provisions, to reduce the minimum required interior side yard width on the west side of the property from 7.5 m (24.6 ft) to 6.1 m (20 ft), to permit the construction of an accessory single detached dwelling. the Committee of Adjustment hereby: Grant the requested Minor Variance, with the following condition(s): 1. The requested relief only applies to the proposed accessory dwelling on the subject property Carried The Secretary-Treasurer advised the applicants of the 20 day appeal period pursuant to the Planning Act. 6. CORRESPONDENCE None 7. OTHER BUSINESS None November 8, 2016 Page 3 of 12
Committee of Adjustment Minutes November 8, 2016 Page 3 of 3 8. ADJOURNMENT 9:07 a.m. Resolution #4 Moved by Lynne DePlancke, seconded by Wayne Buchanan: That the Committee of Adjustment do now adjourn. Carried THESE MINUTES ADOPTED BY WAY OF RESOLUTION NO. 2 AS APPROVED BY COUNCIL AT ITS MEETING ON THE 22nd DAY OF NOVEMBER, 2016. CHAIR JIM PALMER SECRETARY- TREASURER COMMITTEE OF ADJUSTMENT KIMBERLEY ARMSTRONG November 8, 2016 Page 4 of 12
Community and Strategic Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A-16/16 APPLICATION FOR MINOR VARIANCE TO: Township of Norwich Committee of Adjustment OWNERS: MEETING: REPORT NO: November 22, 2016 2016-280 William & Mechtilda 345195 Quaker Street, Norwich ON, N0J 1P0 VARIANCES REQUESTED: 1. Relief from Section 7.2.1 Minimum Distance Separation Requirements for Livestock Barns and Structures, to reduce the minimum distance separation requirement for a proposed livestock barn (dairy) addition to the nearest neighbouring dwelling located at 345207 Quaker Street from 184 m (602 ft) to 170 m (557.7 ft); and, 2. Relief from Section 7.2.2 Minimum Distance Separation Requirements for Manure Storage Structures, to reduce the minimum distance separation requirement for a proposed manure storage structure to the nearest neighbouring dwelling located at 345207 Quaker Street from 265 m (807 ft) to 150 m (492.1 ft) and the dwelling located at 345208 Quaker Street from 265 m (807 ft) to 190 m (623.4 ft). LOCATION: The subject property is legally described as Part Lots 17 & 18, Concession 3 (North Norwich), Part 1, 41R-8956, Township of Norwich. The property is located on the north side of Quaker Street, between Middletown Line and Oxford Road 13, and is municipally known as 345195 Quaker Street. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule N-1 Township of Norwich Land Use Plan TOWNSHIP OF NORWICH ZONING BY-LAW : SURROUNDING USES: Agricultural Reserve General Agricultural (A2) Predominately agricultural, with a number of rural residential properties in the vicinity and a recreational property to the west. Page 5 of 12
File No. A-16/16 Report No. 2016-280 Page 2 PLANNING REVIEW: (a) Purpose of the Application The applicants are seeking relief from the above-noted provisions of the Township Zoning Bylaw to facilitate the construction of an addition to an existing dairy barn and new manure storage facility. The proposed addition will be located on the north side of the existing barn on the property and will comprise approximately 936.5 m2 (10,080 ft2), while the proposed manure storage facility will be located to the east of the proposed barn addition. The proposed development will accommodate 68 additional dairy cows, yielding a total of 123 livestock units on the subject property. For the Committee s information, the nearest neighbouring dwelling located at 345207 Quaker Street is also owned and occupied by the property owner directly involved in the dairy operation. The subject property comprises approximately 106.4 ha (262.8 ac) and is currently occupied by a livestock barn (dairy), manure storage facility, bank barn, three implement sheds and an accessory dwelling. Plate 1, Location Map and Existing Zoning, shows the location of the subject property and the existing zoning in the vicinity. Plate 2, Aerial Map (2015) Close-up, provides an aerial view of the subject lands, detailing the required MDS setbacks relative to the proposed barn additional and manure storage facility and nearest neighbouring dwellings. Plate 3, Recommended Location of Proposed Manure Storage Facility, provides the recommended location by Staff of the proposed manure storage facility should it be covered or uncovered. (b) Agency Comments The application was circulated to a number of public agencies considered to have an interest in the proposal. The following comments were received. The Township Chief Building Official indicated that the proposed barn addition and manure storage facility are to be constructed in accordance with the applicants nutrient management strategy. The County Public Works Department had no concerns regarding the proposal. (c) Public Consultation Public Notice was mailed to surrounding property owners on November 11, 2016. At the time of writing this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan The subject lands are located in the Agricultural Reserve designation according to the Land Use Plan for the Township of Norwich, as contained in the County Official Plan. In the Agricultural Reserve, lands are to be developed for a wide variety of agricultural land uses, Page 6 of 12
File No. A-16/16 Report No. 2016-280 Page 3 together with farm buildings and structures necessary to the farming operation, and accessory residential uses required for the farm. According to Section 3.1.1 of the Official Plan, it is the goal of the County to minimize conflicts between agricultural and non-agricultural uses. The application of the Minimum Distance Separation (MDS) guidelines, as established by the Province of Ontario, is considered a key mechanism through which municipalities reduce and minimize potential conflicts through the provisions of the Township s Zoning By-law. The Official Plan states that where the establishment of a new or expanded livestock structure or manure storage facility is proposed, the Minimum Distance Separation Formula II (MDS II) must be satisfied prior to the issuance of a building permit. In this case, the applicants have indicated that alternative locations for the proposed barn addition and manure storage facility are not feasible given the nature of the livestock operation and topography of the land. The proposed addition and manure storage facility are also proposed to be located to make use of the existing services on the property and reduce the amount of land removed from agricultural production. The existing Nutrient Management Study is also being revised to support the proposed location. As it is not anticipated that the location of the proposed barn addition will have any further impacts on the nearest neighbouring dwelling to the immediate east, beyond what currently exists, Planning Staff are of the opinion that the proposed relief as it relates to the proposed barn addition is generally in keeping with the intent of the Official Plan. It should be noted that the proposed manure storage facility will primarily contain runoff from the surrounding livestock yard and barn. In light of this, the facility is required to be located in the proposed location due to the topography of the land. Although the proposed location of the facility appears to be most desirable, given the presence of an existing manure storage pit on the property, Staff are not satisfied that the proposed location and design of the second facility will have the least impact on the nearest neighbouring dwellings. (e) Intent and Purpose of the Zoning By-law The subject lands are zoned General Agricultural Zone (A2) according to the Township of Norwich Zoning By-law. The A2 zone permits a wide range of farming uses, including livestock and regulated farm operations, as well as buildings and structures accessory thereto. According to Sections 7.2.1 and 7.2.2, any new livestock building or manure storage facility must meet Minimum Distance Separation II (MDS II) requirements. MDS is used as a tool to determine the required distance between a livestock facility and other land uses. The intent of MDS is to prevent land use conflicts and minimize nuisance complaints from odour. In this case, the required MDS II setback between the proposed barn addition and nearest neighbouring dwelling is 184 m (602 ft), while the required setback between the proposed manure storage facility and nearest neighbouring dwelling is 265 m (807 ft). In this case, the neighbouring dwelling on the agricultural parcel to the immediate east is located approximately 170 m (557.7 ft) from the nearest point of the proposed barn addition and 150 m (492.1 ft) from the proposed manure storage facility. As previously noted, this dwelling is owned and occupied by the operator of the dairy farm. The neighbouring dwelling on the agricultural parcel to the immediate south will also be located approximately 190 m (623.4 ft) from the proposed manure storage facility. Page 7 of 12
File No. A-16/16 Report No. 2016-280 Page 4 Given that the proposed barn addition will not encroach any closer to the existing dwellings located on the properties to the east and south than the existing livestock facility on the subject property, Planning staff are of the opinion that the proposed relief, as it relates to the livestock barn, maintains the general intent and purpose of the Zoning By-law. As previously noted, unlike a traditional facility, manure will not be stored in the proposed manure storage pit for an extended period. Notwithstanding the foregoing, due to the significant deviation from the required MDS II requirement, Planning staff are generally not satisfied that the proposed location of the manure storage facility will prevent land use conflicts and minimize nuisance complaints from odour. (f) Desirable Development/Use This Office is of the opinion that the proposed relief, as it relates to the proposed barn addition, can be considered minor and desirable development of the subject property. In this case, as livestock has historically been present on the property and the proposed barn expansion is not anticipated to have any further impacts on neighbouring properties beyond what exists, Staff is of the opinion that the barn addition can be considered minor. To determine if the proposal is appropriate, the Committee should consider if any physical features limit development on the subject lands or whether alternative locations are not feasible. While a new barn could likely be located elsewhere on the farm property in compliance with the MDS II requirements, the location of the proposed addition will not impose undue hardship on the applicants, will ensure efficient use of existing services and limit the amount of agricultural land removed from production. In this regard, the proposed development can be considered desirable. While the applicants have considered alterative locations for the proposed manure storage facility, there are physical constraints that limit the location of the facility on the property. Although it has been determined that the proposed location is most feasible, given the significant deviation from the required MDS II requirement, Planning staff are not satisfied that the proposed variance, as it relates to the manure storage facility, can be considered minor and desirable development of the subject property. For the Committee s information, based on the calculation completed by the Township Chief Building Official, should the proposed manure storage facility be covered, the odour potential would be reduced and the required MDS setback will decrease to 204 m (689 ft). In light of this alternative, the facility could be located within the existing farm complex, in close proximity to the proposed livestock barn addition, as shown on Plate 3. In this regard, Planning staff recommend that the facility be covered as it will provide the applicants with more flexibility to locate the proposed facility in compliance with MDS requirements, and will have a reduced odour potential, consistent with the general intent of MDS and Official Plan policies. It should be noted that the applicants nutrient management strategy will be reviewed during the building permit process to ensure compliance. In light of the foregoing, Planning staff are of the opinion that the applicants request as it relates to the location of the proposed livestock barn addition, can be given favourable consideration and can be supported from a planning perspective. Planning staff are not recommending approval of the applicants request with respect to the proposed manure storage facility, however, the alternatives provided can be supported from a planning perspective. Page 8 of 12
File No. A-16/16 Report No. 2016-280 Page 5 RECOMMENDATION: That the Township of Norwich Committee of Adjustment approve Application A-15/16, submitted by William & Mechtilda for lands described as Part Lots 17 & 18, Concession 3 (North Norwich), Part 1, 41R-8956, Township of Norwich, as it relates to: 1. Relief from Section 7.2.1 Minimum Distance Separation Requirements for Livestock Barns and Structures, to reduce the minimum distance separation requirement for a proposed livestock barn (dairy) addition to the nearest neighbouring dwelling located at 345207 Quaker Street from 184 m (602 ft) to 170 m (557.7 ft). Whereas the variance requested is: (i) a minor variance from the provisions of the Township of Norwich Zoning By-law No. 072003-Z; (ii) desirable for the appropriate development or use of the land, building or structure; (iii) in keeping with the general intent and purpose of the Township of Norwich Zoning By-law No. 07-2003-Z; and (iv) in keeping with the general intent and purpose of the Official Plan of the County of Oxford. And further, that the Township of Norwich Committee of Adjustment not approve Application A-15/16, submitted by William & Mechtilda for lands described as Part Lots 17 & 18, Concession 3 (North Norwich), Part 1, 41R-8956, Township of Norwich, as it relates to: 1. Relief from Section 7.2.2 Minimum Distance Separation Requirements for Manure Storage Structures, to reduce the minimum distance separation requirement for a proposed manure storage structure to the nearest neighbouring dwelling located at 345207 Quaker Street from 265 m (807 ft) to 150 m (492.1 ft) and the dwelling located at 345208 Quaker Street from 265 m (807 ft) to 190 m (623.4 ft). Whereas the variances requested are: (i) not minor variances from the provisions of the Township of Norwich Zoning By-law No. 07-2003-Z; (ii) not desirable for the appropriate development or use of the land, building or structure; (iii) not in keeping with the general intent and purpose of the Township of Norwich Zoning Bylaw No. 07-2003-Z; and (iv) not in keeping with the general intent and purpose of the Official Plan of the County of Oxford. Authored by: original signed by Rebecca Smith, Development Planner Approved by: original signed by Eric Gilbert, MCIP, RPP, Senior Planner RS/rs November 10, 2016 Page 9 of 12
Plate 1 - Location Map & Existing Zoning File No.: A-16/16 - William & Mechtilda Part Lots 17-18, Concession 3 (North Norwich) - 345195 Quaker Street, Township of Norwich Legend Parcel Lines Property Boundary Assessment Boundary Unit Evergreen Street Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line Subject Property 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Notes Page 10 of 12 Oxford Road 13 Quaker Road 0 384 NAD_1983_UTM_Zone_17N 768 Meters This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey October 21, 2016
Plate 2 - Aerial Map (2015) Close-up with Existing Zoning File No.: A-16/16 - William & Mechtilda Part Lots 17-18, Concession 3 (North Norwich) - 345195 Quaker Street, Township of Norwich Legend Parcel Lines Subject Property Proposed Manure Storage Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Proposed Barn Addition Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 150 m 345207 Quaker Road 170 m 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 190 m 345208 Quaker Road Notes Page 11 of 12 0 51 NAD_1983_UTM_Zone_17N 102 Meters This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey October 21, 2016
Plate 3 - Recommended Location of Proposed Manure Storage Facility File No.: A-16/16 - William & Mechtilda Part Lots 17-18, Concession 3 (North Norwich) - 345195 Quaker Street, Township of Norwich Recommended Location of Manure Storage if Uncovered (265 m Setback) Recommended Location of Manure Storage if Covered (204 m Setback) Legend Subject Property Proposed Manure Storage Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 150 m 345207 Quaker Road 170 m 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 190 m Proposed Barn Addition 345208 Quaker Road Notes Page 12 of 12 0 51 NAD_1983_UTM_Zone_17N 102 Meters This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey October 21, 2016