committee of adjustment december 13, 2017 … · 1. location map. 2. npca map. 3. agency comments....

$: COMMITTEE OF ADJUSTMENT December 13, 2017 … · 1. Location Map. 2. NPCA Map. 3. Agency Comments. 4. ... RPP, MCIP . Director of Planning and Building . X:\pb-Planning Reports\Committee$
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COMMITTEE OF ADJUSTMENT December 13, 2017 COMMITTEE AGENDA

MEETING DATE: Wednesday, January 17, 2018

Township Administration Building 318 Canborough Street Smithville, Ontario 7:00 p.m.

1. CHAIR:

The Chair will call to Order the evening’s proceedings.

2. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST:

3. REQUEST FOR WITHDRAWAL AND/OR ADJOURNMENT: There are no requests for withdrawal and/or adjournment at this time.

4. APPLICATIONS:

MINOR VARIANCES: - A26/2017WL – James & Betty DeBoer

Reduce the required MDS II setback from a proposed hog barn and associated manure pit. If granted, the required MDS II setback would be reduced from 552 metres to 440 metres for both the hog barn and associated manure pit from 5993, 5998, 6017, 6085, and 6131 Silver Street. This would permit the construction of a proposed hog barn and associated manure pit.

- A27/2017WL – Michael & Stephanie Lucyshyn To recognize a deficient front yard setback of 10.4 metres to the existing accessory building and to allow for the existing accessory building to be located closer to the front lot line than the main building. This would permit the construction of a new single detached home proposed on the property. 5. APPROVAL OF MINUTES:

a) December 13, 2017 Regular Minutes of the Committee of Adjustment b) December 13, 2017 General Annual Meeting Minutes of the Committee of Adjustment

6. ADJOURNMENT:

That, this Committee does now adjourn at the hour of _____ P.M.

318 Canborough St. P.O. Box 400 Smithville, ON L0R 2A0 T: 905-957-3346 F: 905-957-3219 www.westlincoln.ca

DATE: January 17, 2018

REPORT NO: PD-014 -18

SUBJECT: Recommendation Report Application for Minor Variance by James & Betty DeBoer File No.:A26/2018WL Concession 4, Part Lot 7 & 8, Regional Road 65

CONTACT: Rachel Greene, Planning Secretary Brian Treble, Director of Planning and Building

RECOMMENDATION: That the application for a Minor Variance made by James and Betty DeBoer as outlined in Report No. PD-014-18, BE APPROVED to permit the construction of a hog barn and manure storage (beneath barn), which has a reduced MDS II setback of 440 metres whereas 552 metres is required to 5993, 5998, 6017, 6085, and 6131 Silver Street to the south.

ALIGNMENT TO STRATEGIC PLAN • ValueSupport initiatives that promote farming, agriculture and entrepreneurial ecotourism.

• ObjectiveProvide support to local farmers and processors to improve productivity and competitiveness.

BACKGROUND: The subject lands are located north of Regional Road 65 and east of Krick Road being

REPORT TOWNSHIP

COMMITTEE OF ADJUSTMENT

OVERVIEW: • An application for Minor Variance has been made for the property located at

Concession 4, Part Lot 7 & 8, Regional Road 65, to permit a reduced Minimum Distance Separation (MDS) II Calculation at 440 metres whereas 552 metres is required from the neighbouring dwellings to the south (± 20% reduction) to permit the construction of a new hog barn and associated manure storage facility (located beneath barn)

• The rear of the property contains NPCA regulated wetlands and is zoned“EP” Environmental Protection and “EC” Environmental Conservation.

• The setback reduction is required to locate the hog barn outside of theEnvironmental zones, in a suitable location away from the provincially significant wetlands and wooded areas which can result in poor ventilation.

• Township Staff feel that the application meets the four tests of a MinorVariance and can be recommended for approval.

PAGE 2 legally described as Concession 4, Part Lot 7 & 8, in the former Township of Gainsborough, now in the Township of West Lincoln. The property is a ±100 acre piece of vacant farmland which has no municipal address. The applicant has requested a minor variance to permit the construction of a hog barn with the capacity to house 2000 finishing hogs and an associated manure pit with an MDS II setback of 440 metres whereas 552 metres is required from the nearest dwellings. The location of the hog barn and associated manure pit has been proposed in two locations, one closer to the west side of the property, and the second closer to the east side (see Attachment 2). Staff support both proposed locations, with a preference for the western location, as it would impact fewer neighbouring residential houses. These calculations are based on the new MDS Formula as approved by the Ontario Ministry of Agriculture, Food and Rural Affairs on March 1, 2017 and implemented through the Township’s new Zoning By-law 2017-70 on June 26, 2017. CURRENT SITUATION: Is the proposal minor in nature? Yes The application has been made to permit the construction of a new hog barn and associated manure pit closer to the southerly dwellings than the required MDS II setback. The Minimum Distance Separation (MDS) II setback requirements are used to avoid potential odour conflicts between livestock uses and neighbouring residential uses in the agricultural area. The setback reductions only result in a ±20% reduction for the proposed hog barn and manure pit. Although not considered in the MDS II calculation, the prevailing winds for the Township are from the south west blowing to the north east, further from the dwellings affected by the reduction. The proposed hog barn location has fewer dwellings located downwind. Since the reductions are small in scale, Planning Staff are of the opinion that the variance is minor in nature. Is the proposal desirable for the appropriate development or use of the land? Yes The subject land is currently zoned as Agricultural Purposes Only ‘APO’, Environmental Protection “EP”, and Environmental Conservation “EC” according to the Township Zoning By-law 2017-70, as amended. The Agricultural Purposes Only ‘APO’ zone allows for agricultural uses which include the raising of livestock and precludes any residential development. The property is approximately 40 hectares (98 acres) and is currently vacant, being used for field crops. The proposed use of the land is to remain agricultural, growing cash crops with the addition of a hog barn and manure storage beneath the

“The Township of West Lincoln will be a community that values our heritage, preserves our environmental and natural resources, fosters entrepreneurial spirit and provides excellent quality of life”

PAGE 3 floor, which will not change the use of the land but continue its principle agricultural use. Therefore, Planning Staff are of the opinion that the development is appropriate for the subject property. Does the proposal maintain the general intent and purpose of the Zoning By-law? Yes The subject land is currently zoned as Agricultural Purposes Only ‘APO’, Environmental Protection “EP”, and Environmental Conservation “EC” according to the Township Zoning By-law 2017-70, as amended. The Environmental Protection and Environmental Conservation areas are located near the rear of the property which provides unsuitable conditions for locating the hog barn and manure storage including poor ventilation, wetlands, and wooded areas. Additionally, Environmental Protection “EP” does not permit any buildings or structures, and no new buildings or structures are permitted within the Environmental Conservation “EC” zoned portion of the lot where the buildings or structures can be located in the non-Environmental zoned portion of the lot. The purpose for the MDS II setback is to avoid odour conflicts between livestock uses and neighbouring residential uses in agricultural areas. The purpose of this minor variance is to locate the hog barn and manure storage in a suitable location outside of the Environmental zones farther from the wooded areas, while still maintaining a large setback from southerly residential dwellings. The proposed hog barn and manure storage will meet all other provisions of the Zoning By-Law. Therefore, Planning Staff are of the opinion that the variance maintains the general intent and purpose of the Zoning By-law. Does the proposal maintain the general intent and purpose of the Official Plan? Yes The property is designated as Good General Agriculture in the Township’s Official Plan. The Good General Agriculture zone comprises those lands designated as the second highest level of protection and preservation for agricultural purposes. The proposed hog barn and manure storage expand upon the existing agricultural use and therefore maintains the general intent and purpose of the Official Plan. FINANCIAL IMPLICATIONS There are no financial implications associated with this application. INTER-DEPARTMENTAL & PUBLIC COMMENTS The Township’s Public Works Department, Building Department, Drainage Superintendent, and Septic Inspector Manager have reviewed the file and have no objections.


PAGE 4

The Township has received three written public comments. The first comment expressed concerns regarding noise from fans and hogs, as well as odour. Additionally, they are concerned about the reduction of their property value. The second comment expressed that odour and flies from the barn affect their house investment/taxes. They are also concerned about the amount of liquid manure that may be applied on the field behind their property. The third comment is in opposition to the minor variance because of the negative effects on their daily life including their view, the odour, and the overall rural atmosphere. The full comments can be read at Attachment 4 to this report.

CONCLUSION The Minor Variance application to reduce the required MDS II setbacks to permit the construction of a hog barn and associated manure pit at a distance of 440 metres where 552 metres is required, meets all four tests of a Minor Variance. Therefore, Planning Staff can recommend the approval of this application as it relates to 5993, 5998, 6017, 6085, and 6131 Silver Street.

ATTACHMENTS 1. Location Map2. NPCA Map3. Agency Comments4. Public Comments5. MDS II Calculations

Prepared by:

_______________________________ Rachel Greene Planning Secretary

_______________________________ Brian Treble, RPP, MCIP Director of Planning and Building

X:\pb-Planning Reports\Committee of Adjustment\2018\Jan 17, 2018\A26 - Deboer\PD-014-18 - A26 - Deboer.docx


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Location MapConcession 4, Part Lot 7 & 8

LegendProposed Hog Barn LocationsRequired MDS SetbackRequested MDS SetbackSubject LandsNPCA Regulated LandsProperty Lines

January 2018Document Path: X:\wl-GIS\2017\Location Maps\A262017WL - Location Map.mxd

6017

Attachment No. 1 to PD-014-18 Page 5

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Notes

Legend

This map is for illustrative purposes only. Information contained hereon is not intended to constitute advice, is

not a substitute for professional review or a site survey, and is subject to change without notice. The NPCA takes

no responsibility for, nor guarantees, the accuracy of the information contained on this map. Any interpretations

or conclusions drawn from this map are the sole responsibility of the user. THIS IS NOT A PLAN OF SURVEY

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© NPCA, Niagara Region, LIO, MPAC & Teranet

http://maps.npca.ca/Html5Viewer/?viewer=npca_internal_map_viewer

January 5, 2018

Watershed Explorer

Corporate Watershed Divide NPCACross Sections

Cross Section

XSCutline

Regulated FloodplainsAdvisory (CWR)

Regulated

Shoreline Flood & ErosionErosion Top of Slope Features

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Erosion AllowanceRegulated WetlandsWetland AllowanceNPCA Member MunicipalitiesRoads

Major Highways

Arterial Roads

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ParcelsWaterbodiesWatercoursesSWOOP_2015

Red: Band_1

Green: Band_2

Blue: Band_3


From: Jason CulpTo: Alexa CooperCc: Brent Julian; Brian Treble; Joanne Scime; Jennifer BernardSubject: RE: A26/2017WL -James & Betty Ann DeboerDate: January-03-18 11:30:15 AMAttachments: image002.png

image003.pngimage004.pngimage005.pngimaged3632a.PNGimageef3b7c.PNGimagebd63cd.PNGimageaa16ab.PNG

Alexa, With regards to application A26/2017WL, the subject property is not assessed to a municipal drain. As such, I have no concerns or comments.

Jason CulpDrainage SuperintendentTel: 905-957-3346 ext. 4695Email: [email protected]: www.westlincoln.ca

The information transmitted, including attachments, is intended only for the person(s) or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and destroy any copies of this information.

View the latest action plans for West Lincoln here!From: Alexa Cooper Sent: Monday, December 18, 2017 3:06 PMTo: Alexa CooperSubject: A26/2017WL -James & Betty Ann Deboer Good morning, Please find attached the notice of hearing for the above noted application. Comments are due by

January 10th, 2018. If you have any questions, please don’t hesitate to ask.Thanks,


AlexaAlexa CooperPlanner I/Secretary-Treasurer Committee of AdjustmentTel: 905-957-3346 ext.5140Email: [email protected]: www.westlincoln.ca


View the latest action plans for West Lincoln here!


Building & Enforcement Department

Planning Application Review

Application Number: A26/2017WL

Date: January 3, 2018 Property: Concession 4, Part Lot 7 & 8, Regional Road 65

Please be advised that in review of the application(s), the Building and Enforcement Department have no objection to offer however the following comments can be offered:

1) A building permit shall be obtained prior to the commencement of any building activity with respect to the proposed buildings or accessory structures, including excavation works.

2) Where an appeal period through the planning process is required, a building permit for the proposed construction cannot be issued until the appeal period has expired with no objections. That said, the submission of a complete application for building permit shall be subject to the time lines dictated by the provisions of the Ontario Building Code meaning that a building permit may not be issued immediately upon the expiry of the appeal period. It is further noted that the time lines as noted above are dependent on the submission by the applicant of a complete application to satisfy all requirements of the Ontario Building Code.

Be further advised that the Building Department reserves the right to make further comment with respect to this application if any additional information is made available. Should anything further be required of this office, please contact the undersigned.

Respectfully,

Jeff Menard, CBCO, A.Sc.T., B. Tech Chief Building Official


Township of West Lincoln – Building Department



Date: December 21, 2017 Property: Concession 4, Part Lot 7 & 8, Regional Road 65

Please be advised that the information circulated with respect to the planning application referenced above has been reviewed by this office. In conclusion of the review this office has no objection to the application as proposed. .

Respectfully,

Lyle Killins, Septic Inspector Manager


Minimum Distance Separation IIWorksheet 1Prepared By: Gerrit Boerema, Planner II, Township of West Lincoln

Page 1 of 2AgriSuite 3.4.0.18Date Prepared: Apr 26, 2017 9:55 AM

471924

Description: 2000 Head Finishing Hog

Application Date: Wednesday, April 26, 2017

Municipal File Number:

Applicant Contact InformationMike DeBoer

Location of Subject Livestock FacilitiesRegional Municipality of Niagara, Township of West Lincoln Concession: , Lot:

Roll Number: 2602

Calculation Name: Farm 1Description:

The barn area is an estimate only and is intended to provide users with an indication of whether the number of livestock entered isreasonable.

ManureType Type of Livestock/Manure

Existing MaximumNumber

Existing MaximumNumber (NU)

Total MaximumNumber

Total MaximumNumber (NU)

EstimatedLivestock Barn Area

Liquid Swine, Feeders (27 - 136 kg), Full Slats 0 0.0 2,000 381.0 1,914 m²

Manure Storage: V5. Liquid, inside, underneath slatted floor

Existing design capacity (NU): 0.0Design capacity after alteration (NU): 381.0

Factor A(Odour Potential)

1.2 X

Factor B(Size)

504.25 X

Factor C(Orderly Expansion)

1.1400 X

Factor D(Manure Type)

0.8 =

Building Base Distance �F'(minimum distance from livestock barn)

552 m (1811 ft)

Storage Base Distance 'S'(minimum distance from manure storage)

552 m (1811 ft)

MDS II Setback Distance Summary

Description

Minimum Livestock Barn Setback Distance

Actual Livestock Barn Setback Distance

Minimum Manure Storage Setback Distance

Actual Manure Storage SetbackDistance

Type A Land Uses552 m1,811 ft TBD

552 m1,811 ft TBD

Type B Land Uses1,104 m3,621 ft TBD

1,104 m3,621 ft TBD

Nearest lot line (side or rear)

30 m98 ft TBD

30 m98 ft TBD

Nearest road allowance60 m197 ft TBD

60 m197 ft TBD


Minimum Distance Separation IIWorksheet 1Prepared By: Gerrit Boerema, Planner II, Township of West Lincoln

Page 2 of 2AgriSuite 3.4.0.18Date Prepared: Apr 26, 2017 9:55 AM

471924

Preparer InformationGerrit BoeremaPlanner IITownship of West Lincoln318 Canborough StreetSmithville, ON, Canada L0R 2A0Phone #1: 905-957-5133Email: [email protected]

Signature of Preparer: Date:Gerrit Boerema, Planner II

NOTE TO THE USER:The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) has developed this software program for distribution and use with the Minimum Distance Separation (MDS) Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRA will be considered to be the official version for purposes of calculating MDS. OMAFRA is not responsible for errors due to inaccurate or incorrect data or information; mistakesin calculation; errors arising out of modification of the software, or errors arising out of incorrect inputting of data. All data and calculations should be verified before acting on them.


DATE: January 12, 2018

REPORT NO: PD-012-18

SUBJECT: Recommendation Report

Application for Minor Variance by Michael and Stephanie Lucyshyn File No. A27/2017WL

CONTACT: Gerrit Boerema, Planner II

Brian Treble, Director of Planning and Building

RECOMMENDATION: That the application for a Minor Variance made by Michael and Stephanie Lucyshyn as outlined in Report PD-012-18, to recognize a deficient front yard setback of an existing accessory building of 10.4 metres and allow for the existing accessory building to be located closer to the front lot line than the main building, BE APPROVED, subject to the following conditions:

1. That the driveway access from Regional Road 73 (Mud Street West) be removed to the satisfaction of the Region, and;

2. That the gravel encroaching on the neighbouring farming property to the west be removed to the satisfaction of the Director of Planning.

ALIGNMENT TO STRATEGIC PLAN • Value

To provide and sustain a high quality of life for its residents.

• Objective Streamline the current development approval process.

REPORT TOWNSHIP


OVERVIEW: • A Minor Variance application was made for the property legally described as Concession

7, Part Lot 13, Plan 30R-5291, Part 2, former Township of South Grimsby, now in the Township of West Lincoln, Regional Municipality of Niagara, municipally known as 3590 South Grimsby Road 11.

• The Minor Variance requests to recognize a deficient front yard setback for an existing accessory building of 10.4 metres, whereas 15 metres is required, and allow for an accessory building to be located closer to the front lot line than the main building, whereas it must be located no closer to the front lot line than the proposed main building.

• The application has been reviewed against the four tests of a Minor Variance and can be recommended for approval.

PAGE 2 BACKGROUND: The subject lands are situated on the south west corner of Mud Street West and South Grimsby Road 11, being legally described as Concession 7, Part Lot 13, Plan 30R-5291, Part 2, in the former Township of South Grimsby, now in the Township of West Lincoln, Regional Municipality of Niagara, municipally known as 3590 South Grimsby Road 11 (see Attachment 1 for a location map). An application for a Minor Variance has been made to allow for the demolition of an existing single detached dwelling unit and the construction of a new dwelling unit on the subject lands by requesting relief for the existing garage from Zoning By-law 2017-70. During the review of the application, staff discovered the existing garage was located closer to the front yard lot line than what was approved through the building permit process in 2015. As a result, the existing garage was built with deficient setbacks that will be dealt with in this minor variance. The Minor Variance application is requesting to recognize an existing deficient front yard setback of 10.4 metres, whereas 15 metres is required. The application is further requesting to allow the existing accessory building to locate closer to the front lot line than the main building, whereas the existing accessory building is not permitted to be located closer to the front lot line than the main building to accommodate a new dwelling (see Attachment 2 for a site sketch). CURRENT SITUATION: Planning Staff have completed an analysis of the proposed Minor Variance and can support the application based on the following. Is the proposal minor in nature? Yes The subject application is requesting to permit the construction of a new residential dwelling unit by recognizing and allowing for the existing accessory building to be located closer to the front lot line than the main building. The existing accessory building currently has a deficient 10.4 metres front yard setback, whereas 15 metres is required. Both the proposed dwelling unit and the existing garage face towards the exterior side yard lot line (South Grimsby Road 11), utilizing the exterior side yard as a front yard. As such, the exterior side yard functions as a front yard and vice versa. Private garages located in an exterior side yard are permitted to be built beyond the main building provided they are a minimum distance of 6 metres from the exterior side yard lot line. The existing garage has a setback of 10.4 metres from the defined front yard that is functioning as the exterior side yard. In order to further emphasize South Grimsby Road 11 as the utilized front yard, a condition to remove the driveway entrance from Mud Street West will be added to the Variance. For the reasons listed above, Township Staff are of the opinion that this variance is minor in nature. “The Township of West Lincoln will be a community that values our heritage, preserves our environmental and natural resources, fosters entrepreneurial spirit and provides excellent quality of life”

PAGE 3 Is the proposal desirable for the appropriate development or use of the land? Yes The subject land is an existing 0.41ha (1.0 acres) residential holding surrounded by agricultural lands. This area of the Township is comprised of a mix of agricultural and residential land uses. The proposed variance to recognize a deficient setback of 10.4 metres from the front lot line and permit the existing accessory building to be located closer to the front lot line than the main building is appropriate development for the land. This development will continue to facilitate the existing residential use of the subject lands. As the accessory building is already existing, neighbouring agricultural lands will not be affected by its location. Therefore, Planning Staff are of the opinion that the development is appropriate for the subject property. Does the proposal maintain the general intent and purpose of the Zoning By-law? Yes The subject lands are zoned Agricultural ‘A’ in the Township’s Zoning By-law 2017-70, as amended. The parcel is 0.41 hectares in size (1.0 acres). The Agricultural Zone permits single detached dwellings and their associated accessory buildings. The existing private garage/accessory building is a permitted use under the regulations of the Agricultural Zone. Under the Township’s Zoning By-law 2017-70, the existing accessory building is required to be a minimum distance of 15 metres from the front lot line, and no closer to the front lot line than the main building. After the construction of the proposed residential dwelling on the subject lands, the existing garage will be located closer to the front lot line than the main building. In addition, the existing garage was constructed in 2015 with a deficient front yard setback of 10.4 metres, whereas 15 metres was required and what was approved. The proposal maintains the general intent and purpose of Zoning By-law 2017-70 due to the orientation of the buildings on the subject lands. The proposal effectively utilizes the front yard as an exterior side yard, and the exterior side yard as the front yard. Under the exterior side yard provisions, private garages are permitted to be located beyond the main dwelling with a minimum distance of 6 metres from the exterior side yard lot line. The existing private garage/accessory building has a setback of 10.43 metres that would comply with these regulations. To further emphasis the defined exterior side yard as the utilized front yard, the removal of driveway access from Mud Street West will be added as a condition to the Variance. Therefore, Planning Staff are of the opinion that the variance maintains the general intent and purpose of the Zoning By-law. “The Township of West Lincoln will be a community that values our heritage, preserves our environmental and natural resources, fosters entrepreneurial spirit and provides excellent quality of life”

PAGE 4 Does the proposal maintain the general intent and purpose of the Official Plan? Yes The subject lands are designated Good General Agriculture under the Township’s Official Plan. The Good General Agricultural designation allows for single detached dwelling units and their associated accessory buildings. The subject property has historically been used for residential purposes, and this proposal will continue the residential use. Therefore, Planning Staff are of the opinion that the variance maintains the general intent and purpose of the Official Plan. FINANCIAL IMPLICATIONS: There are no financial implications associated with this application. INTER-DEPARTMENTAL COMMENTS: Please see Attachment 3 for comments from Public Works, the Building Department, and the Drainage Superintendent. Township Planning Staff have received comments from a neighbouring property owner, Mr. Fulford, regarding the minor variance application. In his comments, Mr. Fulford states the variance will allow for a larger parking lot for their home renovation business. The applicant has been made aware that home industries are limited to a total size of 75 square metres, which this building exceeds, and therefore it is not a permitted use on the property. Mr. Fulford also states in his comments that the existing garage does not meet the interior side yard setback for today’s standards. Since the existing garage was built in 2015, when the required interior side yard was 1.2 metres, the existing interior side yard setback of 1.6 metres is permissible. In response to Mr. Fulford’s comments of encroachment, it can be seen on the provided survey (Attachment 2) that there is some gravel encroaching onto his property. This will need to be removed and has been added as a condition of the Variance. Please refer to Attachment 4 for the full comment details. No other comments were received for this application. CONCLUSION: A Minor Variance application has been made to permit the construction of a new residential dwelling unit on the property located at 3590 South Grimsby Road 11. Relief is being requested from Section 3.1, Table 1-1 to recognize a deficient front yard setback of 10.4 metres for an existing accessory building, and to permit the existing accessory building to be located closer to the front lot line than the main building. Staff are of the opinion that this application meets all four tests of a minor variance, and as such, Township Staff can recommend approval of this application.


PAGE 5 ATTACHMENTS:

1. Location Map 2. Site Sketch 3. Agency Comments 4. Public Comments

Prepared by: _______________________________ _____________________________

Gerrit Boerema Brian Treble, RPP, MCIP Planner II Director of Planning and Building


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Building & Enforcement Department



Date: January 3, 2018 Property: 3590 Grimsby Road 11

Please be advised that in review of the application(s), the Building and Enforcement Department have no objection to offer however the following comments can be offered:

1) If any of the existing buildings are to be demolished as part of the “relocation” of the dwelling, a demolition permit will be required prior to the commencement of any demolition activity.

2) A building permit shall be obtained prior to the commencement of any building activity with respect to the proposed buildings or accessory structures, including excavation works.

3) Where an appeal period through the planning process is required, a building permit for the proposed construction cannot be issued until the appeal period has expired with no objections. That said, the submission of a complete application for building permit shall be subject to the time lines dictated by the provisions of the Ontario Building Code meaning that a building permit may not be issued immediately upon the expiry of the appeal period. It is further noted that the time lines as noted above are dependent on the submission by the applicant of a complete application to satisfy all requirements of the Ontario Building Code.

4) A report to confirm the capacity and capability of the existing private sewage system to support the new / relocated dwelling shall be submitted prior to the issuance of any building permit. Furthermore, if repairs, upgrades or a new private sewage system is required, a building permit shall be obtained for the installation of a private sewage system prior to the commencement of any installation activity, including excavation works.

Be further advised that the Building Department reserves the right to make further comment with respect to this application if any additional information is made available. Should anything further be required of this office, please contact the undersigned.

Respectfully,

Jeff Menard, CBCO, A.Sc.T., B. Tech Chief Building Official


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Alexa Cooper

From: Jason CulpSent: January-03-18 11:51 AMTo: Alexa CooperCc: Brent Julian; Brian Treble; Joanne Scime; Jennifer BernardSubject: RE: A27/2017WL - Michael & Stephanie Lucyshyn

Follow Up Flag: Follow upFlag Status: Flagged

Alexa, With regards to application A27/2017WL, the subject lands are assessed to both the Haws Drain and the Van Buuren Drain. Due to the nature of the application, I have no concerns or comments.

Jason Culp Drainage SuperintendentTel: 905-957-3346 ext. 4695Email: [email protected] Web: www.westlincoln.ca


View the latest action plans for West Lincoln here! From: Alexa Cooper Sent: Tuesday, December 19, 2017 10:35 AM To: Alexa Cooper Subject: A27/2017WL - Michael & Stephanie Lucyshyn Good morning, Please find attached the notice of hearing for the above noted application. Comments are due by January 10th, 2017. Thanks, Alexa


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Alexa Cooper Planner I/Secretary-Treasurer Committee of AdjustmentTel: 905-957-3346 ext.5140Email: [email protected] Web: www.westlincoln.ca




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Alexa Cooper

From: Rachel GreeneSent: January-04-18 9:01 AMTo: Alexa CooperSubject: FW: a27/2018wl

From: john fulford Sent: January-03-18 9:23 PM To: Rachel Greene Subject: a27/2018wl

we are oppose to this minor variance because it would create an front yard parking lot billboard for their expanding home renovation business , michael approached us wanted to buy more land to park their expanding fleet of trucks and equipment ,construction material and employees vehicles , three driveway on acre lot really .the garage in question is too close to the lot line for today"s standards, that not enough they have construction crap closer yet to the lot line. where they want to build the new house is low so they would raise the elevation of the lot and flood us out poor drainage, the house would be to close to the lot line when the combine go by the windows would be pretty dirty .

joyce and warren fulford Rachel Greene Planning SecretaryTel: (905)957-3346 ext 5134Email: [email protected]: www.westlincoln.ca




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Alexa Cooper

From: john fulford Sent: January-05-18 12:38 PMTo: Alexa CooperSubject: A27/2018WL michael & stephanie lucyshyn (lucyshyn contracting )

i am against this minor variance because the front yard would be use by lucyshyn contracting for commercial purposes. john fulford


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COMMITTEE OF ADJUSTMENT FOR THE TOWNSHIP OF WEST LINCOLN

Minutes of the Hearing of the Committee of Adjustment for the Township of West Lincoln, Regional Municipality of Niagara, held in the Council Chambers, West Lincoln Municipal Building, 318 Canborough Street, Smithville, Ontario on Wednesday, December 13, 2017 at 7:00 p.m. Present Deborah Coon-Petersen Vice Chair

Dick VanDyke Member Paul McDougall Member Alexa Cooper Secretary-Treasurer

Gerrit Boerema Planner II Madyson Yule Planner II Rachel Greene Planner

Call to Order and Introduction of Committee Members and Staff: The meeting was called to order by Vice Chair Coon-Petersen at 7:00 p.m. The Vice Chair introduced the Committee Members and Staff in attendance at the hearing. All applicants and/or authorized agents were placed under Oath or Solemn Affirmation in accordance with the Canada Evidence Act. Disclosure of Pecuniary Interest and General Nature Thereof: There were none. Requests for Withdrawal or Adjournment: There were none. SUMMARY OF APPLICATIONS Applicant File # Decision 517604 Ontario Ltd. A23/2017WL Granted Henry & Kaitlin Vanspronsen A25/2017WL Granted Baarcreek Farms Ltd. B13/2017WL Deferred AT Realty Inc. B14/2017WL Granted

2 MINOR VARIANCE APPLICATIONS 1. 517604 Ontario Ltd. File No.: A23/2017WL PURPOSE OF THE APPLICATION: The purpose of the minor variance was to recognize an existing front yard setback of 3.45m whereas 9 metres was required that had resulted from a number of road widening’s over the years and to recognize an interior side yard setback of 4.6 metres whereas 6 metres is required that resulted from severance application B8/2017WL. REPRESENTATION: Dave Goldenberg, Applicant Henry Kalantzakos, Agent COMMENTS: A synopsis of the application was provided by Rachel Greene. Ms. Greene explained the application and gave an overview of the report. There were no comments or questions from the Committee, applicant or public. As such, the Vice Chair requested a motion from Committee. Member McDougall motioned to approve the application. Member VanDyke seconded the motion. -All in favour -Carried That, the application A23/2017WL in the name of 517604 Ontario LTD. be approved. That, the approval of the application is subject to the following reasons: REASONS: 1. The variance is minor in nature as outlined in the Township’s Planning Report PD-

166-17. 2. The general purpose and intent of the Zoning By-Law is maintained as outlined in

the Township’s Planning Report PD-166-17. 3. The intent of the Official Plan is maintained as outlined in the Township’s Planning

Report PD-166-17. 4. The proposal is desirable for the appropriate development of the land for the

Commercial ‘C2’ zone as no negative impact on surrounding land uses is anticipated as outlined in the Township’s Planning Report PD-166-17.

2. Henry & Kaitlin VanSpronsen File No.: A25/2017WL PURPOSE OF THE APPLICATION: This application was submitted to reduce the required interior side yard setback to 4 metres from 7.5 metres and the required rear yard setback to 4 metres from 7.5 metres to permit the construction of an accessory storage building with a lean-to.

3 REPRESENTATION: Henry VanSpronsen, Applicant COMMENT: A synopsis of the application was provided by Madyson Yule. Ms. Yule explained the application and gave an overview of the report. Member McDougall asked Mr. VanSpronsen if he was okay with the conditions listed for his minor variance. Mr. VanSpronsen said he was okay with the conditions of the minor variance. Since there were no further comments or questions from the Committee, applicant or members of the public, the Vice Chair requested a motion from Committee. Member VanDyke motioned to approve the application. Member McDougall seconded the motion. -All in favour -Carried That, the application A25/2017WL in the name of Henry & Kaitlin VanSpronsen be approved. That, the approval of the application is subject to the following conditions and reasons: CONDITIONS: 1. That the accessory structures existing on the lot be relocated or removed to comply

with the Township’s Zoning By-Law to the satisfaction of the Director of Planning and Building, and;

2. That any accessory structures that belong to the owner and are wholly or in part located on the adjacent properties be removed to the satisfaction of the Director of Planning and Building, and;

3. That all encroachment of use onto the neighbouring lot cease. REASONS: 1. The variance is minor in nature as outlined in the Township’s Planning Report PD-

162-17. 2. The general purpose and intent of the Zoning By-Law is maintained as outlined in

the Township’s Planning Report PD-162-17. 3. The intent of the Official Plan is maintained as outlined in the Township’s Planning

Report PD-162-17. 4. The proposal is desirable for the appropriate development of the land for the

Agricultural A2 zone as no negative impact on surrounding land uses is anticipated as outlined in the Township’s Planning Report PD-162-17.

4 CONSENT APPLICATIONS: 3. Baarcreek Farms Ltd. File No.: B13/2017WL PURPOSE OF THE APPLICATION: This application was submitted to sever a surplus farm dwelling 0.65 hectares (1.6 acres) in size and retain 5.3 hectares (13.1 acres) of agricultural land. REPRESENTATION: Dick Baarda, Applicant Bonnie Baarda, Applicant COMMENTS: A synopsis of the application was provided by Madyson Yule. Ms. Yule explained the application and gave an overview of the report. Member McDougall asked Mr. Baarda is he was okay with the conditions outlined in the report. Mr. Baarda responded that he did not agree with Condition 4. Member McDougall asked staff why that condition was put in. Mr. Boerema explained that it was put in because Regional and Local Official Plan policy require lots to be 0.4 hectares (1 acre) in size so as not to take away from the agricultural land. It was also put in because of a possible well location. The Condition allowed for flexibility of the lot depending on if the well could be located and where it was in relation to the house that was proposed to be severed. Vice Chair Coon-Petersen asked Mr. Baarda if he had tried well-witching to try and locate the well. Mr. Baarda replied that he had not. Vice Chair Coon-Petersen suggested he find a well-witcher to find the well. Member McDougall told Mr. Baarda that if the conditions of this application were passed, and the well is not found, there is a chance it will be located outside of the property boundaries and as a result the well would not be on the same property as the house it is servicing. Vice Chair Coon-Petersen inquired as to how we could have a condition to cap a well if we are unaware if it exists or its location. Mr. Boerema explained the condition was for unused wells and standard to surplus farm dwelling severances. Member VanDyke asked if Committee would be approving a 1.6 acre or 1.0 acre severance with this application. Member VanDyke noted that he would rather have the location of the well in front of him before making a decision. Mr. Boerema explained that the location of the well is required to be identified in order to include it in a severance. Mr. Boerema explained that the committees options are to strike Condition 4 and approve the application, approve the application with Condition 4, or to defer the application. Member McDougall ask Mr. Baarda is he understood what the options meant, explaining that he thinks it should be deferred until the location of the well is identified. Mr. Baarda replied that he understood, and that the proposed severance was originally made to be the 1.6 acres due to the surveyor explaining it was more of a natural boundary than when it was only 1 acre. Mr. Baarda brought forth a list of people and organization he had contacted in his attempt to locate the well (see attached).

5 Member McDougall asked if the well worked by gravity or by pump and if the well or cistern serviced the house. Mr. Baarda explained that the well worked by pump and serviced the house, not the cistern. Mr. Baarda further explained that the cistern located on the property was located under the deck and was inaccessible without removing the deck attached to the house. Member McDougall asked Mr. Baarda if he would be satisfied with a 1 acre lot size if they could not locate the well. Mr. Baarda replied that he would be. Vice Chair Coon-Petersen asked Mr. Boerema what would happen if the committee deferred the decision. Mr. Boerema explained it would bind the committee tonight to re-hear the application when it came back. Earl Clint, a member of the Committee of Adjustment, who was not sitting for this application but sitting in the audience, spoke on the application. Mr. Clint asked Committee what if the well ends up being outside of the 1.6 acres or 1 acre. Mr. Clint further explained that it could cause problems down the road for the new home owners, especially if the well needs to be fixed and it’s not on their property. Mr. Boerema explained to Committee that Condition 4 & 8 cover the potential issue of the well, and that another Condition is that the house would have to be deemed habitable, which would include identifying a water source. Vice Chair Coon-Petersen asked Mr. Boerema what the cost would be if they had to come back with something bigger than the 1.6 acres. Mr. Boerema explained that they would have to amend a condition and that there is a cost associated with that. Member VanDyke asked why the lot was 1.6 acres instead of 1 acre. Mr. Boerema explained that the 1.6 acres was proposed to capture the grassed area being used by the residence, which included the trees, etc. Mr. Boerema further explained that what was proposed at the pre-consultation meeting was originally 1 acre, and that the proposal had changed between that meeting and their formal application submission. Mr. Baarda explained that the 1.6 acres was decided on because the surveyor believed it was the natural boundary for the severance. Mr. Baarda inquired if there would be any additional fees if the application was deferred. Mr. Boerema informed them that there would not be since it would be the Committee who is deciding to the defer the application. Since there were no further comments or questions from the Committee, applicant or member of the public, the Vice Chair requested a motion from Committee. Member VanDyke motioned to defer the application. Member McDougall seconded the motion. - All in favour - Carried

6 REASONS: The location of the well on the property was unknown to the Committee, and as a result the size of the severed lot was also unknown. The Committee deferred the application until such a time that the Baarda’s can come back with a confirmed location of the well and a confirmed severance. 4. AT Realty Inc. File No.: B14/2017WL PURPOSE OF THE APPLICATION: The purposed of this consent application was to sever an agriculturally-related business from an agricultural property. REPRESENTATION: Keith Murray, Applicant Brynne O’Neill, Agent COMMENTS: A synopsis of the application was provided by Gerrit Boerema. Mr. Boerema explained the application and gave an overview of the report. There were no comments or questions from the Committee, applicant or public. As such, the Vice Chair requested a motion from Committee. Member McDougall motioned to approve the application. Member VanDyke seconded the motion. -All in favour -Carried Adjournment: Vice Chair Coon-Petersen declared that the Hearing of December 13, 2017 of the Committee of Adjustment for the Township of West Lincoln is adjourned at 8:03 p.m. ____________________________ __________________________ Vice Chair Alexa Cooper Deborah Coon-Peterson Secretary-Treasurer ____________________________ Date Approved


FOR THE TOWNSHIP OF WEST LINCOLN ANNUAL GENERAL MEETING

Minutes of the Annual General Meeting of the Committee of Adjustment for the Township of West Lincoln, Regional Municipality of Niagara, held in the Council Chambers, West Lincoln Municipal Building, 318 Canborough Street, Smithville, Ontario on Wednesday, December 13, 2017 at 8:03 p.m. Present Wendy Wilson Chair

Deborah Coon-Petersen Vice Chair Dick VanDyke Member Paul McDougall Member

Earl Clint Member Gerrit Boerema Planner II Madyson Yule Planner II Alexa Cooper Planner I/Secretary-Treasurer Rachel Greene Planning Secretary

1. Chair The Chair Wilson called to order the evening’s proceedings.

2. Election of the Chair for 2018 Member VanDyke nominated to elect Vice Chair Deborah Coon-Petersen as the Chair for the 2018 term. Chair Wilson seconded the motion. All members were in favour. The motion was carried.

3. Election of the Vice Chair for 2018: Past Chair Wendy Wilson nominated to elect Member Earl Clint for the position of Vice Chair for the 2018 term. Member VanDyke seconded the motion. All members were in favour. The motion was carried.

4. Approval of the Schedule of Hearings for 2018: The members discussed and approved the meeting dates for the 2018 year.

5. Approval of the Schedule of Hearing Panels for 2018: The members reviewed the dates assigned for the sitting at Hearings for the 2017 year. Revisions were made to the schedule. Ms. Cooper confirmed the changes and indicated that she would send, via email, a newly revised schedule. Members also asked if a contact information sheet can be provided so that they can contact each other if they cannot attend a meeting and Ms. Cooper agreed to send one out.

6. Adjournment

Former Vice Chair, now Chair Deborah Coon-Petersen declared that the General Annual Meeting of December 13, 2017 of the Committee of Adjustment for the Township of West Lincoln was adjourned at 8:38p.m. ____________________________ __________________________ Deborah Coon-Petersen Alexa Cooper Chair Secretary-Treasurer ____________________________ Date Approved

committee of adjustment december 13, 2017 … · 1. location map. 2. npca map. 3. agency comments....

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