COMMITTEE OF ADJUSTMENT MINUTES County of Brant Council Chambers 7 Broadway Street West, Paris June 18, 2015 7:00 P.M. Present: Members; Lefebvre, Schmitt, Vamos, Bell, Kloepfer and Hamilton Regrets: Member Brown Staff: Pomponi and Hassan Adoption of Minutes Moved by – Member Schmitt Seconded by – Member Hamilton That the minutes of the May 21, 2015 meeting of the Committee of Adjustment be approved, as printed and circulated. Carried. Member Kloepfer declared a pecuniary interest for application B17/15/BH. Public Hearings A6/15/BH from Justin Mamone on behalf of Riverview Highlands Holdings Inc – 1039 REST ACRES ROAD Planner Hassan reviewed the application and noted that: The subject lands are located at 1039 Rest Acres Road in the Town of Paris. The Applicants are requesting relief from the Zoning By-law to permit a temporary sales trailer to be used until June 19, 2017. The Applicants wish to utilize a sales trailer for open house purposes. Once the model home is built, the sales trailer will be removed as model home will be utilized for open house purposes. The estimated timeframe for completion is approximately 2-years. The site is designated Urban Residential and is zoned Holding Provision Special Exception Residential Multiple First Density (h-R4-7). Staff is supportive of the request as it is minor in nature, has no impact on adjacent properties and generally maintains the interest and purpose of the Zoning by-law and the County’s Official Plan. Committee of Adjustment Meeting Minutes June 18, 2015 2 Therefore, Staff is recommending approval of the application, subject to the attached conditions. Justin Mamone – Agent for Applicant Mr. Mamone gave a brief overview of the proposal noting that it meets the 4 tests of the minor variance. The Committee inquired as to what would need to be done if the structure was not removed after the two year time frame, which Staff clarified as per recent applications that were similar in nature – an additional minor variance application would be required to extend the allowable time period. Moved by – Member Kloepfer Seconded by – Member Hamilton That Application for Minor Variance A6/15/BH from Justin Mamone on behalf of Riverview Highlands Holdings Inc, Owner of lands described as CON 1 PT LOT 11, Town of Paris located at 1039 REST ACRES ROAD, requesting relief from Section 2(3) of the Zoning By-law to permit a sales trailer as an accessory use on the property, BE APPROVED, subject to the attached conditions. LIST OF CONDITIONS - COMMITTEE OF ADJUSTMENT 1. Security be retained in the amount of $930.00 (equal to that of a Minor Variance application) to ensure that upon the lapse of the 2-year period (i.e. June 19, 2017), the sales trailer is removed. 2. The existing entrance shall be modified to the satisfaction of the County to provide safe access to the subject lands. An Approved Public Works Permit required prior to the commencement of work on the subject lands. Carried. A7/15/BH from James Moyer - 38 JANE STREET Planner Hassan reviewed the application and noted that: The subject lands are located at 38 Jane Street, in the Town of Paris. The Applicants is requesting relief from the Zoning By-law to permit increased lot coverage of 36%, whereas 35% m is permitted within the by-law as well as requesting relief for a decreased front yard setback of 1.1 meters, whereas the bylaw permits 4.5 meters. The site is designated Urban Residential and Natural Heritage and is zoned Residential Second Density (R2). Staff is supportive of the request as it is minor in nature, has no impact on adjacent properties, matches the character of the surrounding properties with dwellings that currently have porches, and generally maintains the intent and Committee of Adjustment Meeting Minutes June 18, 2015 3 purpose of the Zoning by-law and the County’s Official Plan. Therefore, Staff is recommending approval of the application. James Moyer – Applicant Mr. Moyer briefly explained the proposal noting that he wishes to utilize the extended porch due to the existing one being frail which needs to be replaced. The Committee inquired about precedent being set for such a small variance, in which the Chair outlined the way in which the Committee makes decisions and that this proposal was judged as a stand-alone from any other proposal. Moved by – Member Hamilton Seconded by – Member Vamos That Application for Minor Variance A4/15/BH from James Moyer, Owner of lands described as PT LOT 12 S OF JANE ST, Town of Paris located at 38 JANE STREET, requesting relief from Section 16(3)(g) of the Zoning By-law to permit an increased lot coverage of 36%, whereas the by-law permits 35% AND relief from Section 3(27)(iv) to permit a decreased front yard setback of 1.1 metres whereas the by-law permits 4.5 metres, BE APPROVED. Carried. A8/15/BH from Sep Ruuska on behalf of 1804276 Ontario Inc - 5 FARROW ROAD Planner Hassan reviewed the application and noted that: The subject lands are located at 5 Farrow Road, in the geographic Township of Brantford The Applicant is requesting relief from Section 10(3)(e) of the Zoning By-law in accordance with Section 3(28) to permit a decreased exterior side-yard setback of 7.5 metres, whereas the by-law permits 9.0 metres in order to facilitate the construction of a new single detached dwelling The site is designated Suburban Residential with the Secondary Urban Settlement Boundary Area of Oakhill and is zoned Village Residential Special Provision (VR-10). Staff is supportive of the request as it is minor in nature, has no impact on adjacent properties, and generally maintains the intent and purpose of the Zoning by-law and the County’s Official Plan. Therefore, Staff is recommending approval of the application. Sep Ruuska – Agent for Applicant Committee of Adjustment Meeting Minutes June 18, 2015 4 Mr. Ruuska gave a brief outline of the proposal noting that the driveway for the proposed dwelling would be off of Franks Lane and that the minor infraction was caught during the submission of a building permit. The Committee inquired about sight lines and safe travel, in which the Agent clarified the need for a unified setback around corner lots. Moved by – Member Bell Seconded by – Member Kloepfer That Application for Minor Variance A8/15/BH from Sep Ruuska on behalf of 1804276 Ontario Inc., Owner of lands described as PLAN 2M-1877 LOT 58, geographic Township of Brantford located at 5 FARROW ROAD, requesting relief from Section 10(3)(e) in accordance with Section 3(28) of the Zoning By-law to permit a decreased exterior sideyard setback of 7.5 metres, whereas the by-law permits 9.0 metres, BE APPROVED. Carried. A5/15/BH & B20/15/BH from John MacAlpine on behalf of Ron Wratten – 282 GERMAN SCHOOL ROAD Planner Hassan reviewed the application and noted that: The subject lands are located at 282 German School Road, in the geographic Township of South Dumfries. The Applicants are requesting relief from the Zoning By-law to permit a reduced lot area of 0.4 hectares, whereas the by-law permits 0.6 hectares. The Applicant has also applied for a concurrent Consent Application being B20/15/BH to create a new residential lot. The site is designated Suburban Residential, Agricultural and Natural Heritage and is zoned Agricultural (A), Estate Residential Type One (ER1) and Environmental Protection (EP). The comments of the Development Services Department have been incorporated into the draft conditions of approval. Staff is recommending approval of both Minor Variance A5/15/BH and Consent B20/15/BH, subject to the attached conditions. John MacAlpine – Agent for Applicant Mr. MacAlpine gave a brief outline of the proposal noting that the horses that were originally allowed to run in a paddock at the front of the property, were now kept in the rear – which will be part of the retained lands. The Committee inquired about sight lines and safe access, which Staff indicated an inspection had already been completed and verified that there is a portion of frontage where safe access is attainable. Committee of Adjustment Meeting Minutes June 18, 2015 5 Moved by – Member Kloepfer Seconded by – Member Schmitt That Application for Minor Variance A5/15/BH from John MacAlpine on behalf of Ron Wratten, Owner of lands described as CON 1 PT LOT 11, geographic Township of South Dumfries located at 282 GERMAN SCHOOL ROAD, requesting relief from Section 13(3)(a) of the Zoning By-law to permit a decreased lot area of 0.41 hectares for the severed lot of application B20/15/BH, whereas 0.6 hectares is permitted within the by-law, BE APPROVED. Moved by – Member Kloepfer Seconded by – Member Schmitt That Application for Consent Application B20/15/BH from John MacAlpine on behalf of Ron Wratten, Owner of lands described as CON 1 PT LOT 11, geographic Township of South Dumfries located at 282 GERMAN SCHOOL ROAD, proposing to create 1 residential lot, BE APPROVED, subject to the attached conditions. LIST OF CONDITIONS - COMMITTEE OF ADJUSTMENT 1. Proof that taxes have been paid up-to-date on the subject property to the County of Brant. 2. That the Applicant provides a copy of the draft reference plan for the severed parcel, prior to the finalization of the Consent (i.e. registration of the deed in the appropriate Registry Office). 3. That the Applicant provide proof/copy of approved entrances (if applicable) and deposited reference plan prior to civic address(s) being assigned by the Planning Technician for severed/retained lands(s), to the satisfaction of the County of Brant. 4. That the Applicants satisfy the comments of the Development Engineering Division: That the Applicant be required to demonstrate to the satisfaction of the County that the existing water service connection for the retained parcel is under the complete care and control of the retained parcel, prior to stamping of the deeds. Should it be determined that the water service lateral is not located completely within the retained lands that the appropriate works be completed to relocate the private infrastructure prior to stamping of the deeds. That the Applicant demonstrates to the satisfaction of the County that any impedance to sight lines (i.e. grubbing, earthworks to existing banks) within the German School Road allowance has been removed such that a minimum sight distance of 140 metres is available in both directions for the proposed entrance to the severed lands prior to stamping of the deeds (see Report for additional information). Committee of Adjustment Meeting Minutes June 18, 2015 6 5. Parkland dedication or monies-in-lieu of parkland will be payable at the time of stamping of the deeds, in amount of $4,400.00 per lot. 6. That the Applicants enter into a Drainage and Grading Agreement and provide a $5000.00 security deposit (plus a $200.00 Registration Fee) per lot for grading and provide a grading plan completed by a P.Eng. for review by the Development Services Department, prior to the signing of Deeds. 7. That the deed stamping fee of $250.00 be paid to the County of Brant for each lot, prior to the release of the executed Certificate of Official. 8. That the above conditions must be fulfilled and the Document for Conveyance be presented to the Consent Authority for stamping within one year of the date of the written decision, sent by the Secretary-Treasurer pursuant to Section 53(17) of the Planning Act, R.S.O. 1990, otherwise the approval shall lapse. NOTE: Any further Planning Applications required to satisfy the conditions of approval must be applied four (4) months prior to the lapsing of the Consent. Carried. B15-16/15/BH from Martin Wylie - 328 BURFORD-DELHI TOWNLINE ROAD Planner Hassan reviewed the application and noted that: The subject lands are located at 328 Burford Delhi Townline Road, in the geographic Township of Burford. The Applicant is proposing to convey 2 parcels of land to existing lots of record in order to create two new lots that are similar in shape and size. The site is designated as Agricultural and Natural Heritage and is zoned Agricultural (A). It is Planning Staffs opinion that the proposed lot additions, would comply with the policies in the Provincial Policy Statement, Official Plan and Zoning By-law as the severed parcels will merge with the adjacent land, which will not create additional building lots. It is being recommended that the applications be approved, subject to the attached conditions. Martin Wylie – Applicant Mr. Wylie gave an overview of the history of the property and explained the proposed lot additions as well as raising concern with two of the Conditions of Approval, namely road widening and safe access. The Committee explained that it is normal practice for the County to obtain road widening through consent applications such as this. There continued to be a lot of dialog between the Applicant and the Committee on how to deal with the Condition. Committee of Adjustment Meeting Minutes June 18, 2015 7 It was determined that Staff would need to meet with the Applicant in order to explain the technical requirements of the Condition and come back to Committee when both parties are satisfied. Moved by – Member Kloepfer Seconded by – Member Hamilton That Application B15/15/BH from Martin Wylie, Owner of lands described as CON 14 PT LOT 17, geographic Township of Burford and located at 328 Burford-Delhi Townline Road, proposing a lot addition, BE DEFERRED, subject to the attached conditions. Moved by – Member Kloepfer Seconded by – Member Hamilton That Application B16/15/BH from Martin Wylie, Owner of lands described as CON 14 PT LOT 17, geographic Township of Burford and located at 328 Burford-Delhi Townline Road, proposing a lot addition, BE DEFERRED, subject to the attached conditions. Carried. B17/15/BH from Shelley Farrell on behalf of Richard and June Farrell - 309 WEST QUARTER TOWNLINE ROAD Member Kloepfer stepped down from his seat for this application. Planner Hassan reviewed the application and noted that: The subject lands are located at 309 West Quarter Townline Road, in the geographic Township of Burford. The Applicants are proposing to sever a surplus farm dwelling (which is to be constructed) having a frontage of approximately 87 metres and being approximately 0.6 hectares in size. The retained lands will have a frontage of approximately 558 metres and an area of approximately 18.3 hectares. The subject lands are designated as Agricultural as well as Natural Heritage and zoned Agricultural (A). The comments of the Development Services Department have been incorporated into the draft conditions of approval. It should be noted that the Applicant has been very cooperative through this application process and has submitted a letter of undertaking to have the existing dwelling removed, contacted the GRCA to have the well and septic decommissioned, already begun removing trees from the woodlot and contacted an Archaeologist to perform an archaeological assessment on the property. It is being recommended that the application be approved, subject to the attached conditions. Committee of Adjustment Meeting Minutes June 18, 2015 8 Shelley Farrell – Applicant Ms. Farrell gave a brief overview of the proposal noting that her parents currently own the property and that she wishes to build a new house and demolish the old one. The Committee inquired as to why the Applicant would not be able to build where the current dwelling is, to which the applicant explained was due to sensitive family circumstances. The Committee inquired with Staff about the process to allow this type of proposal, noting that is very unlike other surplus farm dwelling severances approved in the past. Staff explained that there is a technical way in which if the Applicant were to complete the list of Conditions attached to the report, that the end result would be the severance of a surplus farm dwelling. The Committee inquired about the Conditions, especially the archeological study, to which Staff noted was part of the Official Plan Policies to be completed. The Committee discussed a more appropriate wording for the decision noting that there was no existing dwelling that would truly be surplus to the needs of the farmer at this time. Member Bell moved that the decision be worded: The Applicant is proposing to sever a small lot in which a new dwelling will be constructed, subject to the removal of an existing dwelling and the restoration of the farmland due to the fact that it amounts to the severance of a surplus farm dwelling. Moved by – Member Bell Seconded by – Member Hamilton That Application B17/15/BH from Shelley Farrell on behalf of Richard and June Farrell, Owner of lands described as CON 8 PT LOT 19, geographic Township of Burford located at 309 WEST QUARTER TOWNLINE ROAD, proposing to sever a small lot in which a new dwelling will be constructed, subject to the removal of an existing dwelling and the restoration of the farmland due to the fact that it amounts to the severance of a surplus farm dwelling. The proposed severed parcel will have a frontage of approximately 87 metres with an area of approximately 0.6 hectares. The retained lands will have a frontage of approximately 558 metres and an area of approximately 18.3 hectares, BE APPROVED, subject to the attached conditions. LIST OF CONDITIONS - COMMITTEE OF ADJUSTMENT 1. Proof that taxes have been paid up-to-date on the subject property to the County of Brant. 2. That the Applicant provides a copy of the draft reference plan for the severed parcel, prior to the finalization of the Consent (i.e. registration of the deed in the appropriate Registry Office). 3. That the Applicant provide proof/copy of approved entrances (if applicable) and deposited reference plan prior to civic address(s) being assigned by the Planning Committee of Adjustment Meeting Minutes June 18, 2015 9 Technician for severed/retained lands(s), to the satisfaction of the County of Brant. 4. That the Applicants provide proof that the existing well and septic system on the retained lands has been decommissioned and removed to the satisfaction of the County of Brant, prior to the signing of the deeds. 5. That the Applicant provide proof that the woodlot surrounding the existing dwelling unit has been removed from the property and the land be restored to a farmable state, in consultation with the County Forestry Officer. 6. That the Applicant be required to provide a letter of undertaking to the satisfaction of the Development Servicers Department that the existing dwelling unit will be demolished within 120 days of the new dwelling being constructed, including a $5,000 security deposit. 7. That the Applicant satisfy the comments of the Development Engineering Division: That a daylight triangle be deeded to the County at the southwest corner of the intersection at West Quarter Townline Road and Eighth Concession Road with dimensions of 32 metres by 12 metres, respectively, prior to stamping of the deeds. That an approved residential vehicular entrance is formalized to the satisfaction of the County to provide access to the severed lands, and that the existing residential access is removed prior to the stamping of the deeds (an Approved Public Works Permit required). (See report section for additional information). 8. That the Applicant be required to provided an archeological assessment to the satisfaction of the County of Brant by a licensed archaeologist who completed the assessment along with a copy of the acceptance letter issued by the Ministry of Culture. 9. That the retained parcel, be rezoned to Agricultural with a special exception (A-9) zone to prohibit a dwelling unit from being constructed on the subject lands, or that the retained parcel be merged with an adjacent parcel of land which would not result in the creation of a new building lot. If the later applies: That the Applicant’s Solicitor undertakes to register an Application Consolidation Parcels to ensure the consolidation and proof of same to the Secretary-Treasurer, Committee of Adjustment. 10. That the deed stamping fee of $250.00 be paid to the County of Brant, prior to the release of the executed Certificate of Official. 11. That the above conditions must be fulfilled and the Document for Conveyance be presented to the Consent Authority for stamping within one year of the date of the written decision, sent by the Secretary-Treasurer pursuant to Section 53(17) of the Planning Act, R.S.O. 1990, otherwise the approval shall lapse. Committee of Adjustment Meeting Minutes June 18, 2015 10 NOTE: Any further Planning Applications required to satisfy the conditions of approval must be applied four (4) months prior to the lapsing of the Consent. Carried. B18/15/BH from Mildred Anderson on behalf of Howard Anderson - 153 HIGHWAY #2 Member Kloepfer returned to his seat for the remainder of the meeting. Planner Hassan reviewed the application and noted that: The subject lands are located at 153 Highway #2, in the geographic Township of Burford. The Applicant is proposing to sever approximately 0.75 acres of land having a frontage of approximately 42 metres. The subject lands are designated as Agricultural as well as Natural Heritage and zoned Agricultural (A) and Wetland (W). The comments of the Planning and Building Divisions been incorporated into the draft conditions of approval. It is being recommended that the application be approved, subject to the conditions attached. Millie Anderson – Applicant Ms. Anderson briefly outlined the proposal noting that in her husbands will be would like to have the severed from the farm which would be sold to his children. The Committee inquired about the condition regarding a driveway, which Staff clairified would be noted with the submission of a draft reference plan. Moved by – Member Hamilton Seconded by – Member Schmitt That Application B18/15/BH from Mildred Anderson on behalf of Howard Anderson, Owner of lands described as CON 1 PT LOT 8, geographic Township of Burford located at 153 HIGHWAY #2, proposing to sever a surplus farm dwelling, BE APPROVED, subject to the attached conditions. LIST OF CONDITIONS - COMMITTEE OF ADJUSTMENT 1. Proof that taxes have been paid up-to-date on the subject property to the County of Brant. 2. That the Applicant provides a copy of the draft reference plan for the severed parcel, including the location of the existing well and septic system by a licensed Committee of Adjustment Meeting Minutes June 18, 2015 11 septic installer or Professional Engineer in addition to the existing entrance/laneway to the retained lands, prior to the finalization of the Consent (i.e. registration of the deed in the appropriate Registry Office). 3. That the Applicant provide proof/copy of approved entrances (if applicable) and deposited reference plan prior to civic address(s) being assigned by the Planning Technician for severed/retained lands(s), to the satisfaction of the County of Brant. 4. That the comments of the Development Engineering Division are satisfied, namely: That road widening be required across the Highway No. 2 frontage of the severed and retained lands, as per the County of Brant Official Plan (Sept. 2012), Section 5.3.2.1.3, which states that road allowances for Rural Arterial Roads shall have a right-of-way width of 24-45 metres. Road widening would be distance of 15 metres from the centreline of the existing Highway No. 2 right-of-way. o As per County Policy No. DVS-2002-05 (Land Dedication as a Condition of Planning Applications) “For widenings acquired from retained property, the County will arrange for and pay the cost of the survey, will pay for the widening at approximate market value as established by the County and will pay for the registration of the deed. Preparation of the deed for widening in front of both the severed and retained property shall be the responsibility of the owner severing the property.” The farm access lane (located behind property line) serving the retained lands is required to be relocated such that it does not encroach onto the severed lands. This item is to be completed to the satisfaction of the County, prior to the stamping of the deeds (see Report section for additional information). Should it be determined that the farm access entrance (within the municipal road allowance) encroaches onto the severed land frontage, the farm entrance is required to be relocated such that it is fully under the care and control of the retained lands (approved Public Works Permit required) to the satisfaction of the County, prior to the stamping of the deeds. 5. That the retained parcel, be rezoned to Agricultural with a special exception (A-9) zone to prohibit a dwelling unit from being constructed on the subject lands, or that the retained parcel be merged with an adjacent parcel of land which would not result in the creation of a new building lot. If the later applies: That the Applicant’s Solicitor undertakes to register an Application Consolidation Parcels to ensure the consolidation and proof of same to the Secretary-Treasurer, Committee of Adjustment. 6. That the deed stamping fee of $250.00 be paid to the County of Brant, prior to the release of the executed Certificate of Official. Committee of Adjustment Meeting Minutes June 18, 2015 12 7. That the above conditions must be fulfilled and the Document for Conveyance be presented to the Consent Authority for stamping within one year of the date of the written decision, sent by the Secretary-Treasurer pursuant to Section 53(17) of the Planning Act, R.S.O. 1990, otherwise the approval shall lapse. NOTE: Any further Planning Applications required to satisfy the conditions of approval must be applied four (4) months prior to the lapsing of the Consent. Carried. B19/15/BH from Mike Huehn - 2 MCCOSH STREET Planner Hassan reviewed the application and noted that: The subject lands are located at 2 McCosh Street, in the Town of Paris. The Applicant is proposing to convey 142 square metres of the subject lands to the lands known municipally as 22 Patterson Street. The site is designated as Urban Residential and is zoned Residential Second Density (R2). It is Planning Staffs opinion that the proposed lot addition, would comply with the policies in the Provincial Policy Statement, Official Plan and Zoning By-law as the severed parcel will merge with the adjacent land, which would not create a new lot. It is being recommended that the application be approved, subject to the attached conditions. Mike Huehn – Applicant Mr. Huehn gave a brief outline of the proposal, noting that he would like to convey a small portion of his property to his neighbor in order to provide them with more privacy behind their pool. Moved by – Member Bell Seconded by – Member Kloepfer That Application B19/15/BH from Mike Huehn, Owner of lands described as PLAN 439 LOT 90, Town of Paris and located at 2 MCCOSH STREET. The Applicant is proposing a lot addition, BE APPROVED, subject to the attached conditions. LIST OF CONDITIONS - COMMITTEE OF ADJUSTMENT 1. Proof that taxes have been paid up-to-date on the subject property to the County of Brant. 2. That the Applicant provides a copy of the draft reference plan depicting the existing driveway location, prior to the finalization of the Consent (i.e. registration of the deed in the appropriate Registry Office). 3. That the Applicant provides a copy of the deposited reference plan. Committee of Adjustment Meeting Minutes June 18, 2015 13 4. That the comments of the Development Engineering Division are satisfied, namely: That a 4.5 metre by 4.5 metre daylight triangle be deeded to the County prior to the stamping of the deeds at the south-west corner of the intersection of McCosh Street and Charles Street, respectively, prior to the stamping of the deeds and to the satisfaction of the County 5. That the severed parcel, being part of 2 McCosh Street become part and parcel of the abutting lands municipally known as 22 Patterson Street (2920 018 008 23910), and the Applicant’s Solicitor undertakes to register an Application Consolidation Parcels to ensure the consolidation and proof of same to the Secretary-Treasurer, Committee of Adjustment. 6. That the deed stamping fee of $250.00 be paid to the County of Brant, prior to the release of the executed Certificate of Official. 7. That Section 50 (3) or (5) of the Planning Act shall apply to any subsequent conveyance or transaction. 8. That the above conditions must be fulfilled and the Document for Conveyance be presented to the Consent Authority for stamping within one year of the date of the written decision, sent by the Secretary-Treasurer pursuant to Section 53(17) of the Planning Act, R.S.O. 1990, otherwise the approval shall lapse. NOTE: Any further Planning Applications required to satisfy the conditions of approval must be applied four (4) months prior to the lapsing of the Consent. Carried. Other Business N/A Adjournment and Next Meeting The meeting adjourned at 8:15 p.m., to meet again on July 16, 2015, at 7:00 p.m., in County of Brant Council Chambers, Paris. ____________________________ Brandon Hassan, Secretary-Treasurer
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