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Township of Georgian Bluffs Committee of Adjustment Agenda

This document can be made available in other accessible formats or with communications supports as soon as practicable and upon request.

October 10, 2018, 6:30 p.m., Council Chambers

1. Call to Order

2. Declaration of Pecuniary Interest

3. Minutes of Previous Meetings

1. October 3, 2018

Recommendation: That the minutes of the Committee of Adjustment meeting held on October 3, 2018 be adopted.

4. New Business

1. New Applications

a) Minor Variance Application A-02-18 – Owners: Carol Mulder, Lot 33, Plan 552 Civic Address: 504569 Grey Road 1

Notice of Complete Application and Public Hearing Planning Report – PL.2018.47

5. Unfinished Business

Nil

6. Date of Next Regular Meeting/Adjournment

November 7, 2018 – 6:30 p.m.

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Township of Georgian Bluffs Committee of Adjustment Minutes

This document can be made available in other accessible formats or with communications supports as soon as practicable and upon request.

October 3, 2018, 6:30 p.m., Council Chambers

Members Present: Mayor Alan Barfoot (Chair) Deputy Mayor Dwight Burley Councillor Sue Carleton Councillor Paul Sutherland Councillor Ryan Thompson Councillor Tom Wiley Members Absent: Councillor Carol Barfoot Staff Present: Jenn Burnett, Intermediate Planner Brittany Drury, Deputy Clerk / Recording Secretary Luke Ryan, Building and Planning Assistant 1. Call to Order

Chair Alan Barfoot called the meeting to order at 6:30 p.m.

2. Declaration of Pecuniary Interest

None declared.

3. Minutes of Previous Meetings

1. September 19, 2018

Member Sue Carleton noted an error in the provided minutes. The minutes were amended to correct the error.

The motion was amended to include ‘as amended’.

Moved By: Councillor Sue Carleton Seconded By: Deputy Mayor Dwight Burley

Township of Georgian Bluffs Committee of Adjustment Minutes

October 3, 2018

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That the minutes of the Committee of Adjustment meeting held on September 19, 2018 be adopted.

Carried – CoA2018-25

4. New Business

1. New Applications

Severance Application B12/18 – Owners: Jim Halliday and Edith Galloway, Part Lot 38, RP 16R998, Colpoy’s Range. Chair Alan Barfoot called the meeting to order at 6:31 p.m. with one person in attendance, applicant Edith Galloway. a) Proposal

The purpose of this application is to permit a 3 ha lot addition, for conservation purposes, to the adjacent 19 ha lands owned by the Escarpment Biosphere Conservancy (EBC) and located within the Niagara Escarpment Plan area.

b) Requests for Deferral or Withdrawal of Application None received.

c) Written affirmation by Applicant or Agent that a sign was posted in accordance with the Planning Act. Notice of this Severance Hearing, in accordance with Ontario Regulation 197/96, made under the Planning Act, was given on August 31, 2018, by ordinary mail to all property owners within 120 metres of the property which is subject to the application and to all the required agencies. Notice was also posted on the on the subject property and Township Web Site.

Persons wishing to be notified of the decision of the Committee of Adjustment must make a written request to the Deputy Secretary-Treasurer of the Committee.

Only a person or public body that requests a notice of decision of the Committee in respect to this proposed Consent may submit an appeal.

d) Planning Report

The Planner gave her report.

Township of Georgian Bluffs Committee of Adjustment Minutes

October 3, 2018

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The Notice of Complete Application and Notice of Public Meeting/Public Hearing was circulated to various agencies for review. The Planner outlined comments received from the Niagara Escarpment Commission (NEC), Grey Sauble Conservation Authority, Grey County Planning & Development Department, Grey Sauble Conservation Authority Risk Mangement Office (RMO) and Historic Saugeen Metis (HSM).

It is recommended that application B12/18 be approved with the following conditions:

1. Conditions for a lot addition

2. That a zoning by-law amendment be in force and effect

e) Persons wishing to express interest or concern to be heard

No members of the public spoke in opposition or in support of the application.

The Committee inquired regarding the number of severances restrictions as defined in the Grey County Official plan. The Planner clarified, noting that the restrictions are not applicable to the proposed application as the lot is being reconfigured.

f) Decision or Deferral by Committee. Moved By: Councillor Ryan Thompson Seconded By: Councillor Sue Carleton

The Committee has received written and/or oral submissions during the hearing and have taken these submissions into consideration as will be further described in the minutes of this hearing.

The Committee of Adjustment approves Severance Application B12/18, subject to the following conditions:

1. Conditions for a lot addition

2. That a zoning by-law amendment be in force and effect

Carried - CoA2018-026

The meeting adjourned at 6:40 p.m.

Township of Georgian Bluffs Committee of Adjustment Minutes

October 3, 2018

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5. Unfinished Business

Nil

6. Date of Next Regular Meeting/Adjournment

October 10, 2018 – 6:30 p.m.

The meeting adjourned at 6:41 p.m. on a motion moved by Deputy Mayor Dwight Burley and seconded by Councillor Tom Wiley.

__________________________ Alan Barfoot, Mayor

____________________________ Luke Ryan, Recording Secretary

Date of this Notice: September 10, 2018

*Recirculation* Notice of Complete Application and

Public Hearing

Minor Variance Application Hearing Location: Council Chambers 177964 Grey Road 18, RR 3 Owen Sound, ON N4K 5N5

Hearing Date: October 10, 2018 at 6:30 p.m.

Application: A-02-18 Applicant: Carol Mulder Legal Description: Lot 33, Plan 552 Civic Address: 504569 Grey Road 1

ARN: 4203-620-008-38700 What is being proposed? The purpose of this application is to request relief from Section 4.9.2 d (iii) of the Comprehensive Zoning By-law 6-2003 to permit the construction of a detached garage with a maximum height of 6 metres. The By-law permits a maximum height of 5 metres and requires that the garage be located 23 metres from the centerline of the County Road (Section 4.17.3) and 7.5 metres from the property line abutting a street line. The proposed rear yard setback is 16 metres from the centerline of the County Road and 6 metres from the rear property line to accommodate the existing slope. Relief has also been requested to permit an additional driveway entrance. Section 4.19.8e)(i) permits 1 driveway per 30m (100 ft.) of frontage. The applicant has also submitted an engineered lot grading plan.

Additional information regarding this application is available to the public for inspection at the Township Office between 9 a.m. and 4:30 p.m. Monday to Friday or online at www.georgianbluffs.ca.

Questions? For more information about this matter, contact: Jenn Burnett, MSc., MCIP, RPP

Email: jburnett@georgianbluffs.on.ca Telephone: 519-376-2729 ext. 242 Public Hearing: You are entitled to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you are aware of any person interested in or affected by this application who has not received a copy of

this notice, you are requested to inform that person of this hearing. If you wish to make written comments on this application, please provide them prior to September 26, 2018 for inclusion in the Planning Report. Comments may be forwarded to the deputy secretary-treasurer of the committee at the address shown below:

Jenn Burnett 177964 Grey Road 18, RR 3 Owen Sound, ON N4K 5N5

Telephone: 519-376-2729 ext. 242 Email: jburnett@georgianbluffs.on.ca

Notice of Decision: If you wish to be notified of the decision of the Committee of Adjustment in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be

advised of a possible Local Planning Appeal Tribunal (LPAT) hearing in the event of the decision of this application is appealed.

Under the authority of the Municipal Act, 2001 and in accordance with Ontario's Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), all information provided for, or at a Public Meeting, Public Consultation, or other Public Process are considered part of the public record, including resident deputations. This information may be posted on the Township’s website and/or made available to the public upon request.

This document can be made available in other accessible formats as soon as practicable and upon request.

Date

From

Subject

Report

Wednesday, October 10, 2018

Jenn Bumett, Planner

Public Hearing Report A-02-18 for Mulder

PL.2018.47

Application Summary

The purpose of this application is to request relief from the Comprehensive Zoning By-law6-2003 to permit the construction of a detached garage with a maximum height of 6metres, located within a 16 metre set back from the centre line of the County Road and 6metres from the front property line to accommodate the existing slope. The property ownerhas also requested a variance to the By-law to permit two driveways where the By-lawpermits one.

The property is located at 504569 Grey Road 1.

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For a successful variance, the following tests of Section 45(1) of the Planning Act mustall be satisfied:

1. The variance must be minor.

The application proposes to build a detached garage with a request to vary therequired setbacks from the centreline of the County Road, the setback from the street linefor an accessory structure and to increase the maximum height from 5 metres to 6 metres.Given the uneven topography associated with the slope, the increase in the maximumheight was applied for as the grade needs to be adjusted to accommodate the newstructure. At the time of the submission of the application, conceptual building plans wereavailable to determine the height of the proposed garage. In the Township, because ofthe existing grades, it is a common request to increase the maximum height of anaccessory structure to accommodate those grades.

2. It must be an appropriate or desirable use of the land, building or structure.

The subject lands are currently used for residential purposes. The application indicatesthat the property contains two yurts connected by a breezeway used as a residence andan 8.75 m2 (94 sq. ft.) garden shed. The proposed garage is a common and acceptableaccessory use to a residential property. The By-law permits a garage to be located inthe front yard on a property zoned R2 and abutting the shoreline.

3. It must maintain the general intent and purpose of the Official Plan.

The property is designated Inland Lake and Shoreline (ILS) on Schedule 'A' to theCounty of Grey Official Plan. Residential development is a permitted use within thisdesignation.

The Constraint Mapping (Appendix (B') to the County of Grey Official Pian indicates thatthe subject lands contain Significant Woodlands Policy Area and an EnvironmentalImpact Study is generally required. The proposed garage is located within an area thatthe GSCA did not require the completion of an Environmental Impact Study. Appendix'B' Constraint Mapping also locates the property within 30 metres of the banks ofGeorgian Bay. The proposed garage Is clearly outside of that setback.

The applicant applied to Transportation Services and received a setback exemptionfrom the centerline of the County Road. The required setback of 23 metres wasapproved at a reduced setback of 16 metres. The County Transportation Services alsopermitted the existing entrance to remain and are allowing an entrance off the CountyRoad to the new garage.

Based on the above, the proposed minor variance is consistent with the Grey CountyOfficial Plan.

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4. It must maintain the general intent and purpose of the Zoning By-law.

The purpose of this application is to request relief from Section 4.9.2 d (iii) of theComprehensive Zoning By-law 6-2003 to permit the construction of a detached garagewith a maximum height of 6 metres. The By-law permits a maximum height of 5 metresand requires that the garage be located 23 metres from the centre line of the County Road(Section 4.17.3) and 7.5 metres from the property line abutting a street line. The proposedfront yard setback is 16 metres from the centre line of the County Road and 6 metres fromthe front property line to accommodate the existing slope. The property owner has alsorequested a variance to the By-law to permit two driveways where the By-law permits one.

The purpose of specifying setbacks in a zoning by-law is to define the general buildingenvelopes for lands within that zone. The setbacks assume that all lots are createdequal and can comply with the published provisions. Development on this lot isconstrained by the natural hazard area associated with the slope. The request for reliefto the setback from the street line for an accessory structure and from the centerline ofthe County Road are related to the slope and the proposed location was determinedthrough pre-consultation with the Conservation Authority. A variance to a setbackallows development to occur in keeping with the intent of the zone. Based on theabove, the intent and purpose of the Zoning Bylaw has been maintained.

The Notice of Complete AppHcation and Notice of Public Meeting was circulated tothe agencies for review. The following comments were received by the reportsubmission deadline:

• County of Grey Planning and Development: In correspondence datedSeptember 17, 2018, the County notes that no development may occur within30 metres of the banks of Georgian Bay and that Significant Woodland ispresent on the property. They recommend that comments be received from theConservation Authority with regards to these features. Transportation Serviceshas reviewed the subject application and noted that exemptions have beengranted for limiting the setback from 22.86 metres to 16 metres and allow asecond entrance. Provided the Conservation Authority does not have anyfurther comments, in addition to their May 15th, 2018 comments, and theproposed setback amendments from the County road do not compromise trafficsafety, County Planning staff have no further concerns with the application.They request to be notified of the decision on this file.

• The Historic Saugeen Metis (HSM) Lands, Resources, and ConsultationDepartment: In correspondence dated September 11,2018 the HSM notethey have reviewed the relevant documents and have no objection or oppositionto the proposed deveiopment, land re-designation, rezoning, land severance,Official Plan and/or Zoning By-law Amendments.

• Grey Sauble Conservation Authority Risk Management Office (RMO): Incomments dated September 12, 2018 the RMO notes that, "[t]his property doesnot fail within an area where source protection policies apply, as such, we have

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no comments to provide.

• Grey Sauble Conservation Authority: In comments dated October 3, 2018,the GSCA references comments provided on May 15, 2018, noting that <([t]heconclusions in our original comments are still relevant. Generally no objectionsto the subject proposal and a permit will be required from our office. Theyrequest to be notified of the decision on this file.

The Notice of Complete Application and Notice of Public Hearing was circulated toall property owners within 60 m of the subject property. Written comments werereceived from the adjacent landowner, Linda Aasaru-Swain on September 26, 2018.Ms. Aasam-Swain's comments are fairly detailed and lengthy and have beenappended to the report for the Committee's consideration. In summary, Ms. Aasam-Swain is concerned about the change in drainage associated with the location andplacement of the new structure and is concerned that the drainage pian may notaccurately represent the property boundaries.

Staff response: Planning staff conducted a site visit to the subject lands owned byCaro/ Mulder and the adjacent lands owned by Ms. Aasaru-Swain on Monday May 14,2018 at 3:30pm. It was observed that the driveway on the Mulder property did containthree corrugated black pipes that the owner indicated were used to address a previouslyidentified drainage problem. The pipes are directed underneath the driveway towardsthe centre of the Mulder property and away from the Aasaru-Swain property. TheMulder property is visibly higher than the adjacent property and both parcels have verysteep and narrow driveways associated with the slope.

Ms. Mulder hired a professional engineer to design a lot grading plan to address thedrainage concerns of her northern neighbor after contacting the GSCA to discussgrading and drainage (email dated May 15, 2018 from GSCA) related to the newdevelopment associated with the proposed garage.

Planning staff do not have the technical expertise to assess the slope feature in relationto drainage and cannot comment on the pre and post development drainage patterns.The lot grading plan was circulated to the GSCA, the County Transportation Sen/icesand the agencies for review and comment and no concerns were raised. Further, the lotgrading plan will be submitted with the Building Permit application and prior tooccupancy being granted, a certification from the engineer will be required.

Ms. Aasaru-Swain also expressed concern about the detached garage being lived in.Staff note that Section 4.9.1b) of the Comprehensive Zoning By-law 6-2003 and Section4.1.2 of the new By-law 2018-084 prohibit an accessory building being used for humanhabitation. The owner did not apply to amend the zoning to permit the garage to beused for human habitation.

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Conclusion

The applicant received approval from the County of Grey Transportation Services toreduce the setback from the centreline of the County road and was granted twoentrances to the property demonstrating compliance with County policy. Theapplication passes the 4 tests of a minor variance as per Section 45(1) of the PlanningAct. The applicant provided an engineered lot grading plan in response to drainageconcerns raised by the neighbor. The neighbor provided written comments for theCommittee's consideration indicating that she is not satisfied with the lot grading planprovided and has identified other issues of concern that she has indicated she willaddress at the Public Hearing.

Respectfully Submitted:

Jenn Bumett, MSc, MC1P, RPP

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