genda A The Township of Cavan Monaghan Committee of Adjustment Monday, June 6, 2016 9:00 a.m. Council Chambers Members of the gallery are asked to please turn off all electronic devices during the meeting. Any special needs requirements pertaining to accessibility may be directed to the Clerk's Office prior to the meeting. Pages 1. Call to Order 2. Disclosure of Pecuniary Interest and the General Nature Thereof 3. Minutes 3.1 4. 5. Approval of Minutes March 21, 2016 3-6 Application 4.1 Minor Variance Application MV-03-16, 2090 Preston Road, part of Lot 23, Concession 12 of Cavan Ward 7 - 11 4.2 Minor Variance Application MV-04-16, 1433 Stewart Line, Lot 9, Plan 126 part of Lot 19, Concession 11, Cavan Ward 12 - 16 4.3 Minor Variance Application MV-05-16, 943 Morton Line, part of Lot 13, Concession 9, Cavan Ward 17 - 21 4.4 Minor Variance Application MV-06-16, 3 Union Street Millbrook Ward 22 - 26 Report from Planner 5.1 Planning Report 2016 - 27 Nuttall Minor Variance Application MV-03-16 5.1.1 Correspondence Received 5.1.2 Questions from the Committee 5.1.3 Questions from members of the public 5.1.4 Comments from members of the public 5.1.5 Consideration of Application by the Committee 1 5.1.6 5.2 5.3 5.4 6. Decision of Committee Planning Report 2016-28 Nelson Minor Variance Application MV-04-16 5.2.1 Correspondence Received 5.2.2 Questions from the Committee 5.2.3 Questions from members of the public 5.2.4 Comments from members of the public 5.2.5 Consideration of Application by the Committee 5.2.6 Decision of Committee Planning Report 2016-29 Kirkwood Minor Variance Application MV-05-16 5.3.1 Correspondence Received 5.3.2 Questions from the Committee 5.3.3 Questions from members of the public 5.3.4 Comments from members of the public 5.3.5 Consideration of Application by the Committee 5.3.6 Decision of Committee Planning Report 2016-30 Cormier Minor Variance Application MV-06-16 5.4.1 Correspondence Received 5.4.2 Questions from the Committee 5.4.3 Questions from members of the public 5.4.4 Comments from members of the public 5.4.5 Consideration of Application by the Committee 5.4.6 Decision of Committee Adjournment 2 Minutes Minutes The Township of Cavan Monaghan Committee of Adjustment Monday, March 21, 2016 12:15 a.m. Council Chambers Those members in attendance were: Tim Belch Ryan Huntley Jordan Landry Councillor Councillor (12:29 p.m.) Councillor Staff Karen Ellis Elana Arthurs Cindy Page 1. Director of Planning Clerk Deputy Clerk Call to Order Councillor Belch called the meeting to order at 12:21 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof There were no pecuniary interests noted. 3. Minutes 3.1 Approval of Minutes December 14, 2015 CA/21/03/16/01 Moved by: Landry Seconded by: Belch That the minutes of the Committee of Adjustment meeting held December 14, 2105 be approved as presented. Carried 4. Applications 4.1 Minor Variance Application MV-01-16, 2243 Parkhill Road West, Part 1 RP45R944 Part of Lot 1, Concession 13, North Monaghan Ward 1 3 4.2 5. Minor Variance MV-02-16 2 Dufferin Street (Formerly 7 Gravel Road) Part 2, RP 9R2098, Village Plan, Part Lot 1 and 2 West Gravel Road Millbrook Ward Report from Planner 5.1 Planning Report 2016-09 Drimmie Minor Variance Application MV-0116 Ms. Ellis reviewed the reasons for the minor variance and advised the committee of the applicants request to construct a new garage. 5.1.1 Correspondence Received Ms. Ellis identified the correspondence received and indicated there were no comments from Department Head staff or outside agencies. 5.1.2 Questions from the Commitee Councillor Landry asked about the wooded lot next door and potential for buildings to be constructed. 5.1.3 Questions from members of the public Linda Landry 2263 Parkhill Road West asked if the garage was a single storey or two-storey garage. 5.1.4 Comments from members of the public There were no comments either in favour or against. 5.1.5 Consideration of Application by the Committee 5.1.6 Decision of Committee CA/21/03/16/02 Moved by: Landry Seconded by: Huntley That the Committee of Adjustment review and consider all verbal and written comments received regarding this application; and That the Committee approve Application MV-01-16 with no conditions. Carried 2 4 5.2 Planning Report 2016-10 Snelgrove Minor Variance Application MV02-16 Ms. Ellis reviewed the application and provided an overview of the property and a history of the request for a minor variance. 5.2.1 Correspondence Received Ms. Ellis spoke to the notice circulation and identified the correspondence that was received indicating no objections. 5.2.2 Questions from the Committee Councillor Huntley asked how close the new home will be to the neighbouring house to the west. Councillor Belch asked about the elevation of the new home. 5.2.3 Questions from members of the public Peter Ramsay - 6 Gravel Road – Mr. Ramsay inquired about the change from the sunroom to the porch. Kevin Shane 8 Gravel Road – Mr. Shane asked about preservation of the two Maple trees and the creation of a barrier along the side of the house by the neighbouring driveway. He also has concerns with the corner that is taken too quickly and is a danger and that he did not think the porch location is appropriate as the windows are located facing his driveway. Gary Snelgrove spoke to preserving the trees and the landscaping that will be considered to block the vehicle lights when the neighbour is coming in his driveway. 5.2.4 Comments from members of the public There were no comments either in favour or against. 5.2.5 Consideration of Application by the Committee 5.2.6 Decision of Committee R/21/03/15/03 Moved by: Huntley Seconded by: Landry 3 5 That the Committee of Adjustment review and consider all verbal and written comments received regarding this application; and That the Committee approve Application MV-02-16 with no conditions. Carried 6. Adjournment CA/21/03/16/04 Moved by: Huntley Seconded by: Landry That the Committee of Adjustment meeting adjourn. 12:56 p.m. Carried _________________________ Tim Belch, Chair _________________________ Elana Arthurs, Clerk 4 6 Committee of Adjustment To: Date: From: Report Number: Subject: Committee of Adjustment June 6, 2016 Karen Ellis, Director of Planning Planning 2016-27 Nuttall Minor Variance Application MV-03-16 Recommendations: 1. That the Committee of Adjustment review and consider all verbal and written comments received regarding this application; and 2. That the Committee approve Application MV-03-16 with no conditions. _____________________________________________________________________ Overview: Brent Nuttall owns the property at 2090 Preston Road in part of Lot 23, Concession 12 of the Cavan Ward. A key map showing the location of the property is provided as Attachment No. 1 to this Report. The subject property is an existing lot of record approximately 0.17 square metres (0.41 acres) in size with approximately 32 metres (105 feet) of frontage on Preston Road. The property is currently developed with a single detached dwelling and a tin shed. Mr. Nuttall is proposing to build an attached garage and breezeway on the south side of the house. The new garage and breezeway will be approximately 107.3 square metres (1155 square feet) in size. A schematic plan of the proposed addition is provided as Attachment No. 2 to this Report. The new garage is proposed to be setback approximately 1.68 metres (5.5 feet) from the south side lot line. The new garage will be located too close to the southern side lot line to satisfy the current minimum side yard width requirement of 6 metres (19.7 feet). As such, a minor variance is required to reduce the minimum side yard width requirement of the Rural Residential Exception One (RR-1) Zone. The purpose of the proposed variance is to reduce the minimum side yard depth requirement, as it applies to this property, from 6 metres (19.7 feet) to 1.6 metres (5.25 feet). All other regulations of the Rural Residential Exception One (RR-1) Zone will continue to apply to the property. Notice of the minor variance application was circulated, by first class prepaid mail, to all assessed persons within 60 metres (200 feet) of the subject property and to all required ministries and agencies. A sign was posted on the Preston Road frontage of the property. 7 Notice of the application was also circulated to all Township Department Heads. At the time of the writing of this report, the Planning Department had received written confirmation from the Clerk and the Chief Building Official that they have no comments about or objections to the application. Bell Canada and the Ministry of Natural Resource and Forestry also confirmed, in writing, that they have no objection to the proposed variance. Planning Review Section 45 of the Planning Act provides the tests that must be satisfied to support a minor variance application. The tests are as follows: 1. Does the minor variance maintain the general intent and purpose of the Official Plan? The subject property is currently designated Hamlet in the Township’s Official Plan. Residential land uses are permitted in the Hamlet designation. The property is an existing lot of record in a residential area. The addition to the existing residential use will be compatible with the existing development in the area. 2. Does the minor variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned the Rural Residential Exception One (RR-1) Zone. Residential uses are permitted in this Zone. The Rural Residential Exception One (RR1) Zone also recognize the existing lot area, lot frontage and setbacks as they existed on the date of passing of the By-law (October 2004). The location and size of the proposed addition complies with all zoning by-law regulations except the minimum side yard width requirement. The encroachment will not adversely affect the use and enjoyment of adjacent property. There is a large solid hedgerow between the proposed garage and the adjacent property to the south. 3. Is the proposed use desirable for the appropriate development or use of the land? A single detached dwelling is permitted on the property. An attached garage is common for a residential use. The proposed development is generally compatible with the existing development in the area. 4 Is the variance minor? The proposed variance is minor in nature. The variance does not affect the permitted uses on the property. The lot can accommodate the proposed garage and breezeway addition within the existing lot coverage requirements. The garage will meet the standard minimum front yard depth and rear yard depth requirements. 8 After hearing public comment and considering all written submissions, the Committee has the following options: 1. 2. 3. 4. approve the minor variance with no conditions; approve the minor variance with conditions; defer the minor variance for further consideration at a later date; or reject the minor variance. Financial Impact: None at this time. Attachments: Attachment No. 1: Key Map Attachment No. 2: Schematic Plan of Proposed Addition Respectfully Submitted by, Reviewed by, Karen Ellis Director of Planning Yvette Hurley Chief Administrative Officer 9 Attachment No.1: Key Map 10 Attachment No. 2: Schematic Plan of Proposed Addition 11 Committee of Adjustment To: Date: From: Report Number: Subject: Committee of Adjustment June 6, 2016 Karen Ellis, Director of Planning Planning 2016-28 Nelson Minor Variance Application MV-04-16 Recommendations: 1. That the Committee of Adjustment review and consider all verbal and written comments received regarding this application; and 2. That the Committee approve Application MV-04-16 with no conditions. _____________________________________________________________________ Overview: Greg and Brandi Nelson own the property at 1433 Stewart Line. The property is described as Lot 9, Plan 126 in part of Lot 19, Concession 11 of the Cavan Ward. A key map showing the location of the property is provided as Attachment No. 1 to this Report. The subject property is an existing lot of record approximately 0.137 hectares (0.34 acres) in size with approximately 30.48 metres (100 feet) of frontage on Stewart Line. The property is currently developed with a single detached dwelling, a detached shed and a swimming pool. The owners of the property are proposing to build a new entrance extension and an attached garage. The new garage will be approximately 66.9 square metres (720 square feet) in size and will be located to the west of the existing single detached dwelling. The proposed entrance extension will be approximately 7.4 square metres (80 square feet) in size and will be located in front of the existing dwelling. A schematic plan of the proposed additions is provided as Attachment No. 2 to this Report. The new garage is proposed to be setback approximately 11 metres (36 feet) from the front lot line, approximately 6.4 metres (21 feet) from the western side lot line and approximately 27.05 metres (88.75 feet) from the rear lot line. The new garage will be located too close to the front lot line to satisfy the current front yard depth requirement of the Rural Residential Exception One (RR-1) Zone. As such, a minor variance is required to reduce the minimum front yard depth requirement of the Rural Residential Exception One (RR-1) Zone. 12 The purpose of the proposed variance is to reduce the minimum front yard depth requirement, as it applies to this property, from 15 metres (49.2 feet) to 11 metres (36 feet). All other regulations of the Rural Residential Exception One (RR-1) Zone will continue to apply to the property. Notice of the minor variance application was circulated, by first class prepaid mail, to all assessed persons within 60 metres (200 feet) of the subject property and to all required ministries and agencies. A sign was posted on the Stewart Line frontage of the property. Notice of the application was also circulated to all Township Department Heads. At the time of the writing of this report, the Planning Department had received written confirmation from the Clerk and the Chief Building Official that they have no comments about or objections to the application. Bell Canada and the Ministry of Natural Resource and Forestry also confirmed, in writing, that they have no objection to the proposed variance. Planning Review Section 45 of the Planning Act provides the tests that must be satisfied to support a minor variance application. The tests are as follows: 1. Does the minor variance maintain the general intent and purpose of the Official Plan? The subject property is currently designated Rural in the Township’s Official Plan. Single dwelling houses on existing lots of record are permitted provided they are compatible with adjacent land uses. The subject property is part of a row of existing single detached dwellings. The use is compatible with the existing uses in the area. 2. Does the minor variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned the Rural Residential Exception One (RR-1) Zone. Residential uses are permitted in this Zone. The Rural Residential Exception One (RR1) Zone also recognize the existing lot area, lot frontage and setbacks as they exist on the date of passing of the By-law (October 2004). The location and size of the proposed addition complies with all zoning by-law regulations except the minimum front yard depth requirement. The encroachment will not adversely affect the use and enjoyment of adjacent properties nor will it adversely affect Township interests. Wayne Hancock, the Director of Public Works has visited the site and confirmed that he has no objection to the proposed variance. 13 3. Is the proposed use desirable for the appropriate development or use of the land? A single detached dwelling is permitted on the property. The adjacent land uses are residential. The existing house is similar in size and shape similar to the existing residential uses immediately adjacent to the property. The proposed addition is generally compatible with the existing development in the area. 4 Is the variance minor? The proposed variance is minor in nature. The variance does not affect the permitted uses on the property. The lot can accommodate the proposed garage and entrance addition within the existing lot coverage requirements. The encroachment into the front yard depth will not adversely affect adjacent property owners or Township interests. After hearing public comment and considering all written submissions, the Committee has the following options: 1. 2. 3. 4. approve the minor variance with no conditions; approve the minor variance with conditions; defer the minor variance for further consideration at a later date; or reject the minor variance. Financial Impact: None at this time. Attachments: Attachment No. 1: Key Map Attachment No. 2: Schematic Plan of the Proposed Additions Respectfully Submitted by, Reviewed by, Karen Ellis Director of Planning Yvette Hurley Chief Administrative Officer 14 Attachment No.1: Key Map 15 Attachment No. 2: Schematic Plan of Proposed Additions 16 Committee of Adjustment To: Date: From: Report Number: Subject: Committee of Adjustment June 6, 2016 Karen Ellis, Director of Planning Planning 2016-29 Kirkwood Minor Variance Application MV-05-16 Recommendations: 1. That the Committee of Adjustment review and consider all verbal and written comments received regarding this application; and 2. That the Committee approve Application MV-05-16 with no conditions. _____________________________________________________________________ Overview: David Kirkwood owns the property at 943 Morton Line in part of Lot 13, Concession 9 of the Cavan Ward. A key map showing the location of the property is provided as Attachment No. 1 to this Report. The subject property is an existing lot of record approximately 0.20 hectares (0.50 acres) in size with approximately 50.3 metres (165 feet) of frontage on Morton Line. The property is currently developed with a single detached dwelling, a detached garage and a wood shelter. The owner of the property is proposing to demolish the existing garage and build a new detached garage with an attached carport. The new garage will be approximately 66.9 square metres (720 square feet) in size. The attached carport will be approximately 26.8 square metres (288 square feet) in size. The new garage and attached carport will be located to the east of the existing single detached dwelling. A schematic plan of the proposed detached garage and carport is provided as Attachment No. 2 to this Report. The new garage is proposed to be setback approximately 15.24 metres (50 feet) from the front lot line, approximately 14 metres (46 feet) from the rear lot line and approximately 1.2 metres (4 feet) from the eastern side lot line. The new garage and attached carport will be located too close to the eastern side lot line to satisfy the current side yard width requirement for a detached accessory building. As such, a minor variance is required. The purpose of the proposed variance is to reduce the minimum side yard width requirement for accessory buildings, as it applies to this property, from 3 metres (10 feet) to 1.2 metres (4 feet). 17 The variance will also recognize the minimum lot area, minimum lot frontage, minimum front yard depth, minimum side yard width and minimum rear yard depth relative to the property and the existing buildings and structures on the property. The minimum lot area requirement will be reduced from 20 hectares (49.4 acres) to 0.20 hectares (0.50 acres), the minimum lot frontage requirement will be reduced from 130 metres (426.5 feet) to 50.3 metres (165 feet), the minimum front yard depth requirement will be reduced from 30 metres (98.4 feet) to 15.24 metres (50 feet), the minimum side yard width requirement will be reduced from 4 metres (13 feet) to 1.5 metres (5 feet) and the minimum rear yard depth requirement will be reduced from 6 metres (19.7 feet) to 3.35 metres (11 feet). All other regulations of the Rural (RU) Zone will continue to apply to the property. Notice of the minor variance application was circulated, by first class prepaid mail, to all assessed persons within 60 metres (200 feet) of the subject property and to all required ministries and agencies. A sign was posted on the Morton Line frontage of the property. Notice of the application was also circulated to all Township Department Heads. At the time of the writing of this report, the Planning Department had received written confirmation from the Clerk and the Chief Building Official that they have no comments about or objections to the application. Bell Canada and the Ministry of Natural Resource and Forestry also confirmed, in writing, that they have no objection to the proposed variance. Planning Review Section 45 of the Planning Act provides the tests that must be satisfied to support a minor variance application. The tests are as follows: 1. Does the minor variance maintain the general intent and purpose of the Official Plan? The subject property is currently designated Agricultural in the Township’s Official Plan. Single detached dwellings on existing lots are permitted. The subject property is an existing lot of record and is located immediately west of an existing non-farm residential lot. 2. Does the minor variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned the Rural (RU) Zone in the Township of Cavan-MillbrookNorth Monaghan Zoning By-law No. 2004-62, as amended. A single detached dwelling is a permitted use in this Zone. The subject property does not have enough lot area and lot frontage to satisfy the minimum lot area and lot frontage requirements for the Rural (RU) Zone. In addition, the location of the existing dwelling and detached garage do not meet the current setback requirements in the Rural (RU) Zone. The variance will recognize the existing characteristics of the lot and the setbacks of existing buildings and structures. 18 The proposed variance will permit the construction of a new detached garage and carport that increases the existing non-complying side yard width. 3. Is the proposed use desirable for the appropriate development or use of the land? A single detached dwelling is permitted on the property. The adjacent land uses are residential and agricultural. The variance is required to permit the replacement of an existing detached garage. The new garage and carport are standard accessory uses on a residential property. The proposed building is compatible with the existing development in the area. The use and location of the new building are unlikely to adversely affect the residential land use to the east nor will it adversely affect Township interests. 4 Is the variance minor? The proposed variances are minor in nature. The variances do not affect the permitted uses on the property. They merely recognize the characteristics of an existing lot of record and the development that currently exists on the lot. The lot can accommodate the proposed garage and carport within the existing lot coverage requirements. The encroachment into the side yard width is less than the current encroachment. After hearing public comment and considering all written submissions, the Committee has the following options: 1. 2. 3. 4. approve the minor variance with no conditions; approve the minor variance with conditions; defer the minor variance for further consideration at a later date; or reject the minor variance. Financial Impact: None at this time. Attachments: Attachment No. 1: Key Map Attachment No. 2: Schematic Plan of the Proposed Additions Respectfully Submitted by, Reviewed by, Karen Ellis Director of Planning Yvette Hurley Chief Administrative Officer 19 Attachment No.1: Key Map 20 Attachment No. 2: Schematic Plan of Proposed Garage and Carport 21 Committee of Adjustment To: Date: From: Report Number: Subject: Committee of Adjustment June 6, 2016 Karen Ellis, Director of Planning Planning 2016-30 Cormier Minor Variance Application MV-06-16 Recommendations: 1. That the Committee of Adjustment review and consider all verbal and written comments received regarding this application; and 2. That the Committee approve Application MV-06-16 with the condition that the building materials for the garage addition are in keeping with the architectural character and building material of the existing garage. _____________________________________________________________________ Overview: Leo and Debbie Cormier own property at 3 Union Street in Millbrook. A key map showing the location of the property is provided as Attachment No. 1 to this Report. The subject property is an existing lot of record approximately 0.065 square metres (0.16 acres) in size with approximately 16.1 metres (52.8 feet) of frontage on Union Street. The property is currently developed with a single detached dwelling and a detached garage. Mr. and Mrs. Cormier wish to construct an addition to the existing garage. The new garage will be approximately 41.4 square metres (446 square feet) in size. The garage addition will be located on the east side of the existing garage and south of the existing house. A schematic plan of the proposed detached garage is provided as Attachment No. 2 to this Report. The existing garage is located approximately 1.2 metres (4 feet) from the southern property line. The addition to the garage is also proposed to be located approximately 1.2 metres (4 feet) from the southern property line. The garage addition will be located too close to the southern side lot line to satisfy the current side yard width requirement for a detached accessory building in the Residential Type One (R1) Zone. In addition, the lot coverage for accessory buildings will exceed 5%. As such, a minor variance is required. 22 The purpose of the variance is to reduce the southern side yard width and the minimum rear yard depth for a detached accessory building from 3 metres (10 feet) to 1.2 metres (4 feet) and 1.68 metres (5.5 feet) respectively and to increase the maximum lot coverage for accessory buildings from 5% to 12.5%. In addition, the variance will recognize the existing lot frontage and the location of the existing house on the lot. The minimum lot frontage requirement of the Residential Type One (R1) Zone will be reduced from 18 metres (59 feet) to 16.46 metres (54 feet). The minimum side yard width requirement for the north side will be reduced from 2.25 metres (7.38 feet) to 0.76 metres (2.5 feet) and the yard encroachment for the roofed porch will be increased from 1.5 metres (4.9 feet) to 2.44 metres (8 feet). All other standard regulations of the Residential Type One (R1) Zone will continue to apply. Notice of the minor variance application was circulated, by first class prepaid mail, to all assessed persons within 60 metres (200 feet) of the subject property and to all required ministries and agencies. A sign was posted on the Preston Road frontage of the property. Notice of the application was also circulated to all Township Department Heads. At the time of the writing of this report, the Planning Department had received written confirmation from the Clerk and the Chief Building Official that they have no comments about or objections to the application. Bell Canada and the Ministry of Natural Resource and Forestry also confirmed, in writing, that they have no objection to the proposed variance. Planning Review Section 45 of the Planning Act provides the tests that must be satisfied to support a minor variance application. The tests are as follows: 1. Does the minor variance maintain the general intent and purpose of the Official Plan? The subject property is currently designated Community Core in the Township’s Official Plan. Free-standing residential uses are permitted in the Community Core designation. The property is an existing lot of record in a residential and commercial area. A garage is a common accessory building for a residential use. 2. Does the minor variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned the Residential Type One (R1) Zone. Residential uses are permitted in this Zone. The location and size of the proposed addition complies with all zoning by-law regulations except the minimum side yard width requirement and maximum lot coverage for accessory buildings. The lot coverage for all buildings and structures will, however, be less than the maximum 33% lot coverage permitted. The reduced side yard width will not adversely affect the use and enjoyment of the adjacent Township property to the south. That lot is currently vacant. 23 The variance recognizes the lot frontage of the existing lot and the location of the existing house on the lot. 3. Is the proposed use desirable for the appropriate development or use of the land? A single detached dwelling is permitted on the property. An attached garage is common for a residential use. The proposed development is generally compatible with the existing development in the area. 4 Is the variance minor? The proposed variance is minor in nature. The variance does not affect the permitted uses on the property. The lot can accommodate the proposed garage addition within the total lot coverage requirements. The property most affected by the proposed garage addition is the Township lot immediately south of the property. The property is currently vacant. Any future development of the Township property can consider the location of the garage on the adjacent property. After hearing public comment and considering all written submissions, the Committee has the following options: 1. 2. 3. 4. approve the minor variance with no conditions; approve the minor variance with conditions; defer the minor variance for further consideration at a later date; or reject the minor variance. Financial Impact: None at this time. Attachments: Attachment No. 1: Key Map Attachment No. 2: Schematic Plan of Proposed Addition Respectfully Submitted by, Reviewed by, Karen Ellis Director of Planning Yvette Hurley Chief Administrative Officer 24 Attachment No.1: Key Map 25 Attachment No. 2: Schematic Plan of Proposed Addition 26
© Copyright 2026 Paperzz