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2015 April 22 Committee of Adjustment Minutes

2015/04/22

MUNICIPALITY OF SOUTHWEST MIDDLESEX COMMITTEE OF ADJUSTMENT MINUTES - APRIL 22, 2015

CALL TO ORDER

In attendance were Chair Vance Blackmore, members Karen Aranha, Rick Cowell, John Kavelaars, John Kendall, Don McCallum, Martin Vink and Marigay Wilkins and Secretary Janneke Newitt.  Also present were planning consultant Dan Smith of Monteith Brown, Treasurer Kristen McGill and Facility & Recreation
Manager Steve MacDonald.

DISCLOSURE OF PECUNIARY INTEREST

There were no disclosures of pecuniary interest.

APPLICATIONS

Minor Variance Application A-1/2015 – 5299 Parkhouse Drive - Schouten Farms Ltd.  

Eric Schouten attended the meeting to represent the application.  Chair Blackmore outlined the protocol to be followed during the consideration of the application.  Dan Smith gave a synopsis of the consultant’s
April 20, 2015 planning report.  The Secretary reported that correspondence had been received from the Lower Thames Valley Conservation Authority and Middlesex County advising of no objections to the application.  Mr. Schouten advised that the remaining part of the existing barn was condemned so the entire structure would be replaced.  It would be the same size as the old barn but with changes to the design and ventilation, though it would look the same from the road.

#15-003 C/A
J. Kavelaars / M. Vink                                                          
That Minor Variance application A-1/2015 from Schouten Farms Ltd. for relief from the Southwest Middlesex
Zoning By-law specifically Section 5.3.2 and Schedule “H” to permit a new livestock barn in accordance with the location shown and plans submitted be granted, subject to the following condition:
  • That the owner submit to the Municipality a Nutrient Management Plan approved by the Ministry of Agriculture, Food & Rural Affairs for the re-structured livestock operation 
for the following reasons:
  • Consistency with the Provincial Policy Statement would be maintained.
  • The intent of the County of Middlesex Official Plan and the Southwest Middlesex Official Plan would be maintained.
  • The intent of the Southwest Middlesex Zoning By-law would be maintained.
  • The variance is considered minor in the circumstances.
  • The variance is desirable for the appropriate use and development of the lands.
Carried.

Chair Blackmore outlined the next steps in the minor variance process.

Consent Applications B-3/2015 & B-4/2015 – 21909 and 21911 Springfield Road – 185542 Ontario Inc.

Joe Gysbers was present to represent the application.  Dan Smith gave a synopsis of the consultant’s April 20, 2015 planning report.  The Secretary reported that correspondence had been received from Middlesex County advising of no objections to the application if the Committee is satisfied that it complies with the Middlesex Official Plan and if a condition for land dedication to the County, if required, is included
if the consents are granted.  Mr. Gysbers advised that both houses were currently serviced by a well and that he was sure that the two septic systems would be completely on the respective properties even with the proposed reductions in size.  Mr. Smith clarified that condition #12 referred onto to the two residential lots
being severed, not to the retained lands.

#15-004 C/A
M. Wilkins / D. McCallum                                                      
That consent applications B-3/2015 and B-4/2015 from 185542 Ontario Inc. be granted, subject to the following conditions:
  • That the dimensions of the lands being conveyed (Parcel #1) be revised to a frontage of approximately 41 m, a depth of approximately 64 m and an area of approximately 3,200 sq m
  • That the dimensions of the lands being conveyed (Parcel #2) be revised to a frontage of approximately 48 m, a depth of approximately 64 m and an area of approximately 3,072 sq m
  • That the proposed residential lots be connected to the piped public water supply system to the satisfaction of the Municipality.
  • That the requirements of the Municipality, if any, are satisfied with respect to the on-site septic sanitary waste disposal system serving the dwellings on the lands being conveyed (Parcel 1 & 2).
  • That the owner dedicates lands up to 18 metres from the centerline of County Road No. 2 along the lands being conveyed (Parcel 1) to the County of Middlesex, if the road allowance is not already of that width.
  • That a new entrance for the lands being conveyed (Parcel 2) be located and designed to the satisfaction of the Municipality.
  • That the lands being conveyed (Parcel 1 & Parcel 2) be re-zoned to Rural Residential (RR).
  • That the owner initiates and assumes if required all costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, as amended, such costs to be paid in full to the Municipality prior to submitting a registered copy of the transfer.
  • That the taxes on the subject property are paid in full.
  • That the applicant’s solicitor submits an Acknowledgement and Direction duly signed by the applicant.
  • 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.
  • That a preliminary survey showing the lands being conveyed (Parcel 1 & Parcel 2) and the location of all buildings and structures including their setbacks from the property lines be submitted to the satisfaction of the Municipality.
  • That two copies of the reference plan are submitted to the satisfaction of the Municipality.
for the following reasons:
  • Consistency with the Provincial Policy Statement would be maintained.
  • Conformity with the County of Middlesex Official Plan would be maintained.
  • Conformity with the Southwest Middlesex Official Plan would be maintained.
  • The requirements of the Zoning By-law are capable of being satisfied.
  • The requirements of the Planning Act are satisfied.
Carried.

Chair Blackmore outlined the next steps in the consent process.

Consent Application B-5/2015 – 510 Trillium Drive – Walter Cosyns & Roger Cosyns Estate)

Walter Cosyns was present to represent the application.  Dan Smith gave a synopsis of the consultant’s April 20, 2015 planning report.   The Secretary reported that correspondence had been received from the Lower Thames Valley Conservation Authority offering no objection to the application and from Middlesex County advising of no opposition if the Committee is satisfied that it complies with the Middlesex Official
Plan, if the retained lands are rezoned to prohibit the construction of any new residential dwelling, and provided the lot proposed to be severed is reduced in area.  A discussion on the size of the severed lands took place.  Mr. Cosyns advised that the property was as small as possible at 1.1 acres.  Access to the outbuildings would be lost if the proposed lot lines were moved any closer to those buildings and setback requirements wouldn’t be met.  The “L” shape created at the front of the property was to incorporate the septic system.   He noted that the propane tank would have to be moved so that it would be on the severed lot.

#15-005 C/A
M. Vink / R. Cowell                                                             
That consent application B-5/2015 from Walter Cosyns and the Roger Cosyns Estate be granted, subject to the following conditions.
  • That the lands being retained be registered in the name of Jules DeWulf or such similar name or names to the satisfaction of the Municipality;
  • That an adequate and potable on-site water supply be demonstrated to exist on the lands being conveyed to the satisfaction of the Municipality.
  • That the requirements of the Municipality if any are satisfied with respect to the on-site septic sanitary waste disposal system serving the dwellings on the lands being conveyed.
  • That the tobacco kiln on the lands being retained be removed/demolished, all debris removed from being erected thereon in the future.
  • That the lands being conveyed be re-zoned to Restricted Agricultural (A3)
  • That the lands being retained be re-zoned Agricultural (A2) to restrict a dwelling from being erected thereon in the future.
  • That the owner initiates and assumes, if required, all costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, as amended, such costs to be paid in full to the Municipality prior to submitting a registered copy of the transfer.
  • That the taxes on the subject property are paid in full.
  • That the applicant’s solicitor submits an Acknowledgement and Direction duly signed by the applicant.
  • 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.
  • That a preliminary survey showing the lands being conveyed and the location of all buildings and structures including their setbacks from the property lines be submitted to the satisfaction of the Municipality.
  • That two copies of the reference plan are submitted to the satisfaction of the Municipality.
for the following reasons:
  • Consistency with the Provincial Policy Statement would be maintained.
  • Conformity with the County of Middlesex Official Plan would be maintained.
  • Conformity with the Southwest Middlesex Official Plan would be maintained.
  • The requirements of the Zoning By-law are capable of being satisfied.
  • The requirements of the Planning Act are satisfied.
Carried

Chair Blackmore outlined the next steps in the consent process.

MINUTES OF PREVIOUS MEETINGS

Committee Minutes – March 25, 2015

#15-006 C/A
R. Cowell / K. Aranha                                                           
That the March 25, 2015 Committee of Adjustment minutes be approved as circulated.                                     Carried

BUSINESS ARISING FROM THE MINUTES

No business was brought forth from the March 25, 2015 Committee minutes.

ADJOURNMENT

Chair Blackmore declared the Committee of Adjustment meeting closed.
___________________________   ____________________________
Chair                                         Secretary
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