MINUTES OF MEETING COMMITTEE OF ADJUSTMENT TUESDAY, MAY 5, 2015 9:00 A.M. COUNCIL CHAMBERS -- MUNICIPAL OFFICE 1. ROLL CALL. Present: Jack Galipeau, Chairman Larry Cowan Rick McCracken Ken Peters Charlene Quinlan Absent without Notice: Richard Goddard Also Present: Hendrikus Schouten Cindy Thompson Fran Thompson Nathan Thompson Jerry Zimoch Natalie Zima Bonnie and Lyle Thuss Robert Dack 2. READING AND CORRECTION OR APPROVAL OF MINUTES. Moved by Rick McCracken and Ken Peters: THAT: The minutes of April 14, 2015 be adopted as if read. Carried. 3. DECLARATION OF PECUNIARY INTEREST. None. 4. SUBMISSIONS FOR CONSIDERATION. 1. A5/15 Hendrikus and Deborah Schouten, 7697 Parkhouse Drive Request: Permission to allow a Minimum Distance Separation for a new livestock operation from a neighbouring residential dwelling at 7676 Parkhouse of 332 ms (1,089 ) rather than the 365 ms (1,197 ) required; - and - A Minimum Distance Separation for a new livestock operation from a neighbouring residential dwelling at 7762 Parkhouse of 348 ms (1,142 ) rather than the 365 ms (1,197 ) required. It was noted that at the April 14, 2015 Meeting the Schoutens had made a request to allow a Minimum Distance Separation for a new livestock operation from a neighbouring
residential dwelling of 280 ms (918 ) rather than the 365 ms (1,197 ) required, and that after receiving and hearing neighbour concerns the matter was tabled for further discussion between Matthew Stephenson, CBO, Marc Bancroft Planner and Mr. Schouten. Following these discussions a new location was proposed for the livestock building, however MDS could still not be satisfied. Notice of the revised MDS request was circulated as required. Hendrikus Schouten Cindy Thompson Nathan Thompson Fran Thompson Written comments received: Marc Bancroft, Planner, recommend approval, with condition Bob and Cindy Thompson, opposing the request Fran Thompson, opposing the request Mr. Bancroft explained the application. Fran Thompson and Cindy Thompson reiterated the comments in their letters citing smell and health concerns and asked Committee to deny the application and that MDS be complied with. They both stated they just wanted what was best. Larry Cowan thanked Matthew, Marc and Mr. Schouten for revisiting the matter and coming to a more palatable resolution. He did not disregard the concerns expressed but stated his support for the request. He noted that a new barn would improve the current situation and that the required Nutrient Management Plan (to be submitted and approved prior to a building permit being issued) and deadstock removal would be monitored by the Ontario Ministry of Agriculture and Food and the Ministry of the Environment and were not within the scope of the Committee s mandate. Charlene Quinlan noted that it was within the Committee s scope to look after the neighbours and residents of the community and felt that MDS was in place for a reason and should be maintained. Rick McCracken pointed out that one of the issues was the spreading of manure and a change in building location to comply with MDS would not change that. It was again discussed why the building could not be constructed to comply with MDS and it was again pointed out that Mr. Schouten wanted to use the existing infrastructure. Marc Bancroft pointed out that Mr. Schouten meets 91% of the standard and that to meet 100% would have a nominal impact. Decision moved by Larry Cowan and Rick McCracken: That application A5/15 be approved as follows:
- to allow a Minimum Distance Separation for a new livestock operation from a neighbouring residential dwelling at 7676 Parkhouse of 332 ms (1,089 ) rather than the 365 ms (1,197 ) required; - and - - a Minimum Distance Separation for a new livestock operation from a neighbouring residential dwelling at 7762 Parkhouse of 348 ms (1,142 ) rather than the 365 ms (1,197 ) required; Subject to an approved Nutrient Management Plan for the re-structured livestock operation. Carried. Reasons: The intent of the Official Plan is maintained; the intent of the Zoning Bylaw is maintained; the variance is considered minor given the circumstances; the variance is desirable for the appropriate use and development of the subject lands. 2. A6/15 Jerry Zimoch, 21778 Burwell Request: building. Permission to allow a sideyard of 1m rather that the required 3m for an accessory Jerry Zimoch Natalie Zima Written comments received: Marc Bancroft, Planner, recommended approval Hope Johnson, an abutting neighbour, opposing the requested variance Marc Bancroft explained the application. Natalie Zima, speaking on behalf of her mother Hope Johnson, stated there was no concern with the garage itself they just wanted confirmation of the lot lines. Mr. Zimoch produced a survey of his property. It was noted that the Chief Building Official must be satisfied with the information provided to him prior to issuing a building permit. Ms. Zima produced a sketch (not a survey) of her parent s property line. Decision moved by Charlene Quinlan and Ken Peters: That application A6/15 be approved subject to the following conditions: That prior to the issuance of a building permit, the following mitigation measures shall be undertaken to the satisfaction of the Forester for the County of Middlesex: a) That the proposed accessory building footprint and grading be setback at least 25 m from any healthy butternut tree. b) That dual purpose tree protection / sediment and erosion control fencing be installed at the limit of construction prior to construction.
c) To minimize damage to remaining trees during construction, the following practices shall apply: Limit root grubbing to only the accessory building footprint to minimize the extent of impacts to tree roots; Ensure that any crushed or damaged roots are re-cut using a sharp saw to create a clean 90 degree cut; Ensure damaged branches are re-cut using accepted arboricultural practices to create a clean wound; Fill in any areas where root exposure has occurred as soon as possible to protect trees from desiccation; and Use small tracked equipment to avoid soil compaction when working within the dripline of trees in the adjacent woodlot. Carried. Reasons: The intent of the Official Plan is maintained; the intent of the Zoning Bylaw is maintained; the variance is considered minor given the circumstances; the variance is desirable for the appropriate use and development of the subject lands. 3. A7/15 Bonnie and Lyle Thuss, 8846 Glendon Request: size. Permission to allow accessory building to be 31 sq.m. (333 sq. ft.) over the permitted Existing building is 111 sq.m. (1,194 sq. ft.) The applicant wishes to construct a carport on the garage. Bonnie and Lyle Thuss No one Written commented received: Marc Bancroft, Planner, recommended approval Mr. Bancroft explained the application. Decision moved by Ken Peters and Larry Cowan: That application A7/15 be approved. Carried. Reasons: The intent of the Official Plan is maintained; the intent of the Zoning Bylaw is maintained; the variance is considered minor given the circumstances; the variance is desirable for the appropriate use and development of the subject lands.
4. B6/15 Robert Dack, Solicitor for Barbara Bergsma, 7404 Glendon Drive Request: Technical Severance on the property known as 7404 Glendon. Consent had previously be granted by former Caradoc Township and the parcels subsequently merged. Robert Dack No one Written comments received: Marc Bancroft, Planner, recommended denial St. Clair Region Conservation Authority, recommended denial Mr. Dack explained the series of errors which occurred and resulted in the previously severed parcels being merged back together. Following a lengthy discussion the motion was made: Moved by Ken Peters and Larry Cowan: THAT: Application B6/15 be approved subject to the following conditions: 1. That any outstanding property taxes be paid in full. 2. That the applicant provide a road widening dedication along the frontage of the lot to be severed measured to a distance of 18.0 metres from the centreline of construction of Glendon Drive (County Road 14) to the satisfaction of the County of Middlesex. 3. That an approved minor variance be required to address the lot area deficiencies relative to the lot to be severed and the lot to be retained. 4. That the applicant initiate and assume all engineering costs associated with the preparation of revised assessment schedules for any municipal drain having jurisdiction in accordance with the Drainage Act and that such costs be paid in full to the designated engineering firm prior to submitting a copy of the transfer noted below. 5. That the applicant s solicitor submits an Acknowledgement and Direction duly signed by the applicants. 6. That the applicant s solicitor submits an undertaking in a form satisfactory to the Secretary- Treasurer to register an electronic transfer of title consistent with the Acknowledgement and Direction and the decision of the Committee of Adjustment. Prior to a vote on this motion Mr. Dack asked to speak to the conditions. He noted that condition 3 was not required as these would be considered as legal non-conforming parcels and condition 4 was not required as the drain split would have been done previously. Mr. Peters withdrew his motion. Moved by Rick McCracken that Application B6/15 be denied. This motion did not receive a seconder. Moved by Ken Peters and Charlene Quinlan: THAT: Application B6/15 be approved subject to the following conditions:
1. That any outstanding property taxes be paid in full. 2. That the applicant provide a road widening dedication along the frontage of the lot to be severed measured to a distance of 18.0 metres from the centreline of construction of Glendon Drive (County Road 14) to the satisfaction of the County of Middlesex. 3. That the applicant s solicitor submits an Acknowledgement and Direction duly signed by the applicants. 4. That the applicant s solicitor submits an undertaking in a form satisfactory to the Secretary-Treasurer to register an electronic transfer of title consistent with the Acknowledgement and Direction and the decision of the Committee of Adjustment. Carried. 5. UNFINISHED BUSINESS. 6. ENQUIRIES BY MEMBERS. 7. OTHER BUSINESS. 8. SCHEDULING OF MEETINGS. Tuesday, June 2 2015 9. ADJOURNMENT. The meeting adjourned at 10:30 a.m. on a motion by Larry Cowan and Rick McCracken. Chairman Secretary-Treasurer /dw May 12, 2015