THE CORPORATION OF THE TOWNSHIP OF NORWICH COMMITTEE OF ADJUSTMENT TUESDAY, SEPTEMBER 9, 2014 9:00 A.M. COUNCIL CHAMBERS, OTTERVILLE 1. CALL TO ORDER 2. APPROVAL OF AGENDA AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST 4. MINUTES OF PREVIOUS MEETING 4.1 August 12, 2014 5. APPLICATIONS FOR MINOR VARIANCE 5.1 Report No. 2014-233 Location: Part Lot 7, Concession 7, 772810 Highway 59, Milldale, (former South Norwich), Township of Norwich. Details of Requested Variance: Relief from the Provisions of Section 5.1, Table 5.1.1.3 Accessory Use Provisions, to increase the maximum lot coverage for a building accessory to a residential use from 170 m2 (1,830 ft2) to 215 m2 (2,314 ft2) of gross floor area to facilitate the construction of a detached garage. 6. CORRESPONDENCE None 7. OTHER BUSINESS None 8. ADJOURNMENT Page 1 of 13
THE CORPORATION OF THE TOWNSHIP OF NORWICH COMMITTEE OF ADJUSTMENT TUESDAY AUGUST 12, 2014 1. CALL TO ORDER The session of the 2010-2014 Committee of Adjustment of the Township of Norwich was held in the Council Chambers, Otterville, Ontario, commencing at 9:00 a.m., Tuesday August 12, 2014 with Pat Lee in the Chair. All members were in attendance. Also in attendance was Kyle Kruger, CAO/Clerk and Kimberley Armstrong Secretary-Treasurer, Committee of Adjustment. 2. APPROVAL OF AGENDA Resolution #1 Moved by Susan Hampson, seconded by Donald Doan: That the agenda for the August 12, 2014, meeting of Committee of Adjustment be accepted as presented. 3. DISCLOSURE OF PECUNIARY INTEREST Carried 4. MINUTES OF PREVIOUS MEETING 4.1 May 27, 2014 Resolution #2 Moved by Donald Doan, seconded by Susan Hampson: That the minutes of the Committee of Adjustment dated May 27, 2014, be adopted as printed and circulated. Carried 5. APPLICATIONS FOR MINOR VARIANCE 5.1 Owner(s): Geertje and Rombertus Visscher File No.: A-09/14 Report No. 2014-214 Location: Lot 14, Concession 8, 225413 Otterville Road, Otterville, (former South Norwich), Township of Norwich. Details of Requested Variance: Relief from the Provisions of Section 7.2 Zone Provisions, to reduce the interior side yard setback of a farm building from 7.5 m. (24.6 ft.) to 3.05 m. (10 ft.) to permit the construction of a greenhouse addition. Geertje and John Visscher were in attendance. Ms. Rebecca Smith, Development Planner, outlined the application as contained in Report 2014-214. The applicants propose to construct a greenhouse addition. The August 12, 2014 Page 2 of 13
addition will be approximately 14,110 sq. ft. and will be located on the north side of the existing greenhouse. In response to questions from Council, Ms. Smith advised that there were no negative comments received from neighbouring property owners. There was no one in attendance that wished to speak in favour of or against the application. The Secretary-Treasurer advised the applicant of the 20 day appeal period pursuant to the Planning Act. Resolution #3 Moved by Donald Doan, seconded by Susan Hampson: That with respect to the application for Minor Variance by Geertje and Rombertus Visscher, File No. A-09/14 for lands located at 225413 Otterville Road, legally described as Parts 1 and 2 of Reference Plan 41R-3815, Lot 14, Concession 8 (former South Norwich), Township of Norwich, for Relief from the Provisions of Section 7.2 Zone Provisions, Interior Side Yard, to reduce the minimum required width from 7.5 m. (24.6 ft.) to 3 m. (9.8 ft.) to permit the construction of greenhouse addition, the Committee of Adjustment hereby Grant the requested Minor Variance Carried 5.2 Owner: Peter Schep File No.: A-10/14 Report No.: 2014-215 Location: Lot 11, Concession 3, 345569 Quaker Street, Norwich (former North Norwich), Township of Norwich Details of Requested Variance: Relief from the Provisions of Section 10.3 - Location of New Dwellings, to reduce the minimum required setback to the nearest livestock barn (located at 345609 Quaker Street) from 278 m (912.1 ft.) to 269 m (882.5 ft.) and the nearest manure storage facility (located at 345609 Quaker Street) from 350 m (1,148.3 ft.) to 269 m (882.5 ft.), to facilitate the replacement of an existing single detached dwelling. Mr. Peter Schep, applicant, was in attendance. Ms. Rebecca Smith, Development Planner, outlined the application as contained with Report 2014-215. The property is located at 345609 Quaker Street. The application is to facilitate the replacement of an existing 1883 single detached dwelling which is considered legal non-conforming on a rural residential lot. The new residence will be constructed on a similar location and planning staff are satisfied that the proposal will not negatively impact surrounding agricultural livestock operations. August 12, 2014 Page 3 of 13
There was no one in attendance that wished to speak in favour of or against the application. Mayor Doan expressed his concerns with rural residential complaints regarding dust levels at the existing grain elevator during drying season. He commented that the elevator is needed for agricultural production. Mr. Kruger advised that it is difficult to register on land titles but that staff would look into possible ways to protect agricultural activities. Resolution #4 Moved by Lynne DePlancke, seconded by Russell Jull: That with respect to the application for Minor Variance by Peter and Stacy Schep, File No. A-10/14 for lands located at 345509 Quaker Street, legally described as Part Lot 11, Concession 3 (former North Norwich), Township of Norwich, for Relief from the Provisions of Section 10.3 Location of New Dwellings: to reduce the minimum required setback to the nearest manure storage facility located at 345609 Quaker Street, from 350 m. (1,148.3 ft.) to 300 m. (882.5 ft.) to facilitate the replacement of an existing single detached dwelling; the Committee of Adjustment hereby Grant the requested Minor Variance, subject to the following condition: 1. That the proposed single detached dwelling be constructed in the general location identified on Plate 3 of Report No. 2014-215, to the satisfaction of the Township Chief Building Official Carried 6. CORRESPONDENCE None 7. OTHER BUSINESS None 8. ADJOURNMENT 9:23 a.m. Resolution #5 Moved by Russell Jull; seconded by Lynne DePlancke; 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 9th DAY OF SEPTEMBER, 2014. CHAIR PAT LEE August 12, 2014 Page 4 of 13
SECRETARY- TREASURER COMMITTEE OF ADJUSTMENT KIMBERLEY ARMSTRONG August 12, 2014 Page 5 of 13
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 11-14 APPLICATION FOR MINOR VARIANCE TO: Township of Norwich Committee of Adjustment MEETING: September 9, 2014 REPORT NUMBER: 2014-233 OWNER: Kyle Avey 772810 Highway 59, Otterville ON N0J 1R0 VARIANCE REQUESTED: Relief from Section 5.1, Table 5.1.1.3 Accessory Use Provisions, to increase the maximum lot coverage for a building accessory to a residential use from 170 m2 (1,830 ft2) to 215 m2 (2,314 ft2) of gross floor area, to facilitate the construction of a detached garage. LOCATION: The subject property is described as Part Lot 7, Concession 7 (South Norwich), in the Township of Norwich. The property is located on the east side of Highway 59, north of Vanash Road in the Rural Cluster of Milldale and is municipally known as 772810 Highway 59. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule C-3 County of Oxford Settlement Strategy Plan Rural Cluster Schedule N-1 Township of Norwich Land Use Plan Rural Cluster (Milldale) TOWNSHIP OF NORWICH ZONING BY-LAW : Rural Residential Zone (RR) SURROUNDING USES: predominately agricultural lands to the east and west; rural residential lots to the north and south Page 6 of 13
File Number: A 11-14 Report Number 2014-233 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provision of the Township Zoning By-law to facilitate the construction of a detached garage comprising approximately 215 m 2 (2,314 ft 2 ). As indicated by the applicant, the proposed garage will be used for personal storage purposes and will be located to the east of the existing dwelling to make use the existing driveway access. The subject property comprises approximately 1.9 ha (4.6 ac) and is currently occupied by an existing single detached dwelling and detached garage (which is proposed to be removed). Surrounding uses are predominantly agricultural lands to the east and west with rural residential lots to the north and south. Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, Aerial Map (2010), shows the location of the subject lands and surrounding properties. Plate 3, Applicant Sketch, shows the location and setbacks of the proposed detached garage as well as the location of the existing single detached dwelling on the subject property. (b) Agency Comments The application was circulated to a number of public agencies. The following comments were received. The Township Chief Building Official indicated that the accessory structure is to be used for the storage of agricultural machinery to maintain the applicant s unusually large property. If it is demonstrated that the additional gross floor area is required for equipment then the requested variance is reasonable. The County Public Works Department and County Public Health & Emergency Services Department had no concerns with the proposal. Public Notice was mailed to surrounding property owners on August 15, 2014. At the time of writing this report, no comments or concerns had been received from the public. (c) Intent and Purpose of the Official Plan: The subject lands are located within Milldale which is designated as a Rural Cluster according to the Official Plan. Within the Rural Cluster designation the principal use of land will be for low density residential purposes including permitted ancillary uses. The use of the lands for a single detached dwelling and accessory building conforms to the relevant policies of the Official Plan. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned Rural Residential Zone (RR) according to the Township Zoning By-law. The subject property meets all requirements of the RR Zone with respect to lot area, depth and frontage. Page 7 of 13
File Number: A 11-14 Report Number 2014-233 Page 3 Accessory buildings in an RR Zone are permitted to a maximum lot coverage of either 10% of lot area, or 170 m 2 (1,830 ft 2 ) of gross floor area, whichever is less. This provision is intended to ensure that accessory uses and structures remain clearly secondary to the main residential use of the property and have minimal impact on neighbouring properties. Further, this provision assists to ensure that sufficient space is maintained on the property to accommodate private services, grading and drainage and amenity space. (e) Desirable Development/Use: It is the opinion of this Office that the proposed relief to increase the maximum lot coverage of an accessory building from 170 m 2 (1,830 ft 2 ) to 215 m 2 (2,314 ft 2 ) of gross floor area to facilitate the construction of a detached garage is minor and desirable development for the subject property. Although the accessory structure is approximately 26% larger than permitted, the proposed relief can be considered minor as the said building will only cover approximately 1.2% of the total lot area, which is well within the maximum 10% permitted for accessory structures. The proposal can also be considered desirable as it is not anticipated to have an adverse impact on surrounding agricultural and rural residential land uses or the ability of the site to provide adequate area for private services and amenity purposes. In combination with the existing dwelling, the total lot coverage of the property will also equate to approximately 2%, which falls within the maximum 30% permitted for all main and accessory buildings. As such, while the gross floor area of the proposed detached garage will be greater than the existing dwelling, there is sufficient area on the property to accommodate a larger dwelling. The proposed accessory structure will also be located to the rear of the existing dwelling, which will assist to ensure that the structure is generally secondary to the principle use of the property. In this case, it is not anticipated that the proposed relief will have a negative impact on surrounding properties as the detached garage will be setback adequately from abutting property lines. Staff also note that the proposed accessory structure will be located further from the southerly interior lot line then the existing detached garage. In this regard, it is not anticipated that the proposed relief will have any further impacts on the neighbouring property to the south. Furthermore, given the unique size of the subject property, it is not anticipated that the proposal will have a negative impact on the ability of the site to provide sufficient amenity area and adequate space for a private septic system. The proposed location of the structure also meets the relevant setback requirements of RR Zone. With regard to the comments received from the Township Chief Building Official, the applicant has indicated that the proposed detached garage will be used for the storage of a small tractor, pick-up truck and trailer. Due to the large size of the property, the applicant has indicated that the increased gross floor area is necessary to accommodate the extra equipment that is required to maintain the property. In addition, as the existing single detached dwelling does not have an attached garage, there would appear to be no additional storage for the applicant. In light of the foregoing, it is the opinion of this Office that the requested relief maintains the general intent of the Official Plan and the Zoning By-law and can be given favourable consideration. Page 8 of 13
File Number: A 11-14 Report Number 2014-233 Page 4 RECOMMENDATION: That the Township of Norwich Committee of Adjustment approve Application File A 11-14, submitted by Kyle Avey for lands described as Part Lot 7, Concession 7 (South Norwich), in the Township of Norwich as it relates to: 1. Relief from Section 5.1, Table 5.1.1.3 Accessory Use Provisions, to increase the maximum lot coverage for a building accessory to a residential use from 170 m 2 (1,830 ft 2 ) to 215 m 2 (2,314 ft 2 ) of gross floor area, to facilitate the construction of a detached garage. As the proposed variance is: (i) a minor variance from the provisions of the Township of Norwich Zoning By-law No. 07-2003-Z; (ii) (iii) (iv) desirable for the appropriate development or use of the land, building or structure; in-keeping with the general intent and purpose of the Township of Norwich Zoning Bylaw No. 07-2003-Z; and in-keeping with the general intent and purpose of the Official Plan. Authored by: originally signed by Rebecca Smith, Development Planner Approved by: originally signed by Gordon K. Hough, MCIP, RPP, Director RS/rs August 27, 2014 Page 9 of 13
Plate 1 - Existing Zoning & Location Map - Kyle Avey - Part Lot 7, Concession 7 (South Norwich), 772810 Highway 59 Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Highway 59 Environmental Protection/Flood Overlay Flood Fringe Subject Property Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Road Restriction/Closures Vanash Road Notes Page 10 of 13 0 89 NAD_1983_UTM_Zone_17N 178 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 August 12, 2014
Plate 2 - Aerial Map (2010) - Kyle Avey - Part Lot 7, Concession 7 (South Norwich), 772810 Highway 59 Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Subject Property Municipal Boundary Road Restriction/Closures Notes Page 11 of 13 Highway 59 0 25 NAD_1983_UTM_Zone_17N 51 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 August 12, 2014
Site Photo A-11/14 Kyle Avey 772810 Highway 59, Township of Norwich View of existing dwelling and detached detached garage, which is to be removed Page 13 of 13