June 26, 2017 Page 1 of 6 FILES: B20/17 & A5/17 PLANNING SERVICES MEMO TO: Members of Committee of Adjustment FROM: Marc Bancroft, Senior Planner DATE: June 26, 2017 RE: APPLICATIONS FOR CONSENT AND MINOR VARIANCE MANUEL SOUSA (OWNER/APPLICANT) BLOCK 12 ON REGISTERED PLAN 33M-218 AND PART 1 ON REFERENCE PLAN 33R-19532 (GEOGRAPHIC TOWNSHIP OF NORTH DORCHESTER) END OF STARLIGHT LANE AND ON THE WEST SIDE THEREOF 1. PURPOSE The purpose and effect of the consent application is to sever a vacant parcel of land having to facilitate the development of the lands. The purpose of the minor variance application is to recognize reduced lot frontages and lot areas of the lands to be severed and the lands to be retained. The effect of the variance is to facilitate the requested consent. 2. BACKGROUND (see attached map) The subject property is a vacant 7,563 square metre (1.87 ac) parcel located on the west side of Starlight Lane opposite the temporary cul-de-sac. The lands to be severed would have a frontage of 49 metres (161 ft) and an area of 3,879 square metres (0.96 ac) whereas the lands to be retained would have a frontage of 48.9 metres (160 ft) and an area of 3,684 square metres (0.91 ac). As there are no municipal services in the area, each parcel would be serviced by a private well and septic system. The lands are designated Rural Industrial and zoned Residential Industrial (RM). The adjacent lands to the north are designated Rural Industrial. Upon the development of said lands and the extension of Starlight Lane, the temporary culde-sac is intended to be removed and lands beyond the 20 metre (66 ft) wide road allowance would be deeded to adjacent property owners. On that basis, the lot to be retained would increase in size accordingly. As such, the requested consent assumes the foregoing in the eventuality that the proposed lots will be of equal size. The applicant is also seeking relief from the Zoning By-law through the minor variance application to recognize reduced lot frontages and lot areas of the lands to be severed being 49 metres (161 ft) and 3,879 square metres (0.96 ac), respectively, and same for the lands to be retained being 48.9 metres (160 ft) and 3,684 square metres (0.91 ac), respectively, whereas the Zoning By-law requires a minimum lot frontage of 50 metres (164 ft) and a minimum lot area of 4,000 square metres (1 ac).
June 26, 2017 Page 2 of 6 Page 2 The Committee may recall that part of the subject lands was a road allowance deemed surplus to the needs of the Municipality. These surplus lands were acquired by the applicant and merged with his adjacent lands to the north being Block 12 on Registered Plan 33M-218. The resulting enlarged lands are now the subject lands of these consent and variance applications. 3. ANALYSIS The Provincial Policy Statement (PPS), the County Official Plan, and the Municipal Official Plan do not preclude the development of lands designated for non-farm purposes. From a planning principles standpoint, lot creation should be compatible with the surrounding area and represent an orderly and efficient use of land. The proposed development satisfies or is capable of satisfying the foregoing through conditions of consent. In considering consent to sever applications, the Committee must have regard to Section 51(24) of the Planning Act, which includes, amongst other matters, matters of provincial interest including the PPS and conformity with any official plan having jurisdiction. Those matters are addressed or are capable of being addressed as conditions of consent. In all, this proposal would be consistent with the PPS and in conformity with the County of Middlesex Official Plan and the Thames Centre Official Plan. Section 45 of the Planning Act allows a municipality to grant a minor variance to a zoning by-law based on four tests, as follows: Is the variance considered minor in nature? YES The relief sought from the lot area and lot frontage requirements is insignificant and nominal. The effects of this variance can therefore be deemed to be minor in nature. Is the variance an appropriate use of the land? YES This development would be consistent with the character of the area which includes industrial development with accessory dwelling units. This variance represents an appropriate use of the land.
June 26, 2017 Page 3 of 6 Page 3 Does the variance maintain the intent of the Official Plan? YES The intent of the Official Plan is that the lands be developed for industrial purposes. The intent of the Plan would therefore be maintained as the purpose of this variance is to allow the industrial development of lands. Does the variance maintain the intent of the Zoning By-law? YES The intent of the RM zone is to ensure that the lands are used for industrial purposes and that parcels remain of a size that can adequately accommodate development on private services. The foregoing is not being compromised insofar as the adequacy of private servicing should be demonstrated as a condition of consent. 4. RECOMMENDATION - CONSENT THAT application for consent B20/17 requested by Manuel Sousa for lands described as Block 12 on Registered Plan 33M-218 and Part 1 on Reference Plan 33R-19532 (geographic Township of North Dorchester), be approved, subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act be given within one year of the date of the notice of the decision. 2. That Minor Variance A5/17 be approved. 3. That the owner retain a qualified professional to undertake a soils investigation to confirm that private on-site sewage disposal systems are capable of supporting the proposed development based on existing site conditions and surrounding development. 4. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with such costs to be paid in full to the appropriate engineering firm prior to the stamping of the deeds. 5. That all applicable property taxes, municipal fees and charges be paid to the Municipality prior to the stamping of the deeds. 6. That the necessary deeds, transfers and charges for certificates and /or instruments necessary for registration be submitted in triplicate prior to certification, all of which are to be fully executed.
June 26, 2017 Page 4 of 6 Page 4 7. That two copies of a reference plan, if required, be submitted to the satisfaction of the Municipality, one of which shall be either 8 1/2 X 14" or 11" X 17" including an electronic version of the reference plan. REASONS The application is consistent with the Provincial Policy Statement. Conformity with the County Official Plan and Municipal Official Plan would be maintained. The requirements of the Zoning By-Law are capable of being satisfied through an approved minor variance. The matters set out in Section 51(24) of the Planning Act would be satisfied. 5. RECOMMENDATION MINOR VARIANCE THAT application for minor variance A5/17 requested by Manuel Sousa, be granted for relief from the Zoning By-law to recognize the reduced lot frontage and lot area of 49 metres (161 ft) and 3,879 square metres (0.96 ac), respectively, for the lands to be severed of Application for Consent B20/17; and the reduced lot frontage and lot area of 48.9 metres (160 ft) and 3,684 square metres (0.91 ac), respectively, for the lands to be retained of Application for Consent B20/17; for lands described as Block 12 on Registered Plan 33M-218 and Part 1 on Reference Plan 33R-19532 (geographic Township of North Dorchester). REASONS The general intent and purpose of the Official Plan would be maintained; The general intent and purpose of the Zoning Bylaw would be maintained; The effects of the variance are considered minor in nature; and The variance is desirable for the appropriate use and development of the land.
June 26, 2017 Page 5 of 6 Page 5 Prepared by: Marc Bancroft, MPL, MCIP, RPP
June 26, 2017 FOR CONSENT (B20/17) AND MINOR PageVARIANCE 6 of 6 (A5/17) APPLICATIONS Manuel Sousa (Owner/Applicant) Block 12 on Registered Plan 33M-218 and Part 1 on Reference Plan 33R-19532 Former Township of North Dorchester Municipality of THAMES CENTRE 48.9 m 3,879 m2 (0.96 ac) STARLIGHT LANE 3,684 m2 (0.91 ac) 49 m FIGURE 1 LANDS PROPOSED TO BE RETAINED AND SUBJECT TO MINOR VARIANCE ² 1:1,200 LANDS PROPOSED TO BE SEVERED AND SUBJECT TO MINOR VARIANCE 0 10 20 40 60 Meters 80 ORTHOPHOTOGRAPHY: SWOOP 2015 June 2017 Disclaimer: This map is for illustrative purposes only. Do not rely on it as being a precise indicator of routes, locations of features, nor as a guide to navigation.