AGENDA
Committee of Adjustment Meeting
12:00 AM - Tuesday, May 28, 2019
Council Chamber, Norwich
Page
1.
CALL TO ORDER
2.
APPROVAL OF AGENDA
3.
DISCLOSURE OF PECUNIARY INTEREST
4.
MINUTES OF PREVIOUS MEETING
3 - 5
4.1.
May 14, 2019
5.
APPLICATIONS FOR MINOR VARIANCE
6 - 12
5.1.
Owner(s): Scott, Brian and Cindy Van Dongen
File No.: A 03-19
Report No.: 2019-157
Location: Lot 102, Plan 226, 6 Jerdon Street, Norwich (North Norwich)
Township of Norwich
Details of Proposed Variance: Relief from Table 11.2 - R1 Zone
Provisions, to reduce the minimum required interior side yard width from
1.5 m (4.9 ft) to 1.35 m (4.4 ft) to facilitate the construction of a single
detached dwelling with a reduced interior side yard width of 1.35 m (4.4
ft) on the east side of the property.
Additional relief is required to reduce the minimum required front yard
depth from 7.5 m (24.6 ft) to 6.1 m (20 ft) to facilitate the requested
development on the subject lands.
6.
CORRESPONDENCE
None
7.
OTHER BUSINESS
None
8.
ADJOURNMENT
THE CORPORATION OF THE TOWNSHIP OF NORWICH
COMMITTEE OF ADJUSTMENT
TUESDAY MAY 14, 2019
1.
CALL TO ORDER
This session of the Committee of Adjustment of the Township of Norwich was held in the
Council Chambers, Norwich, Ontario, commencing at 9:00 a.m. Tuesday May 14, 2019
with Councillor Jim Palmer in the Chair. All members were in attendance. Also, in
attendance was Kyle Kruger, CAO/Clerk, Heather St. Clair, Development Planner and
Kimberley Armstrong, Secretary-Treasurer, Committee of Adjustment.
The Chair requested individuals in attendance respecting an application to please sign the
attendance sheet provided. He further advised that if individuals wish to receive a Notice
of Decision they must submit a written request to the Deputy Clerk.
2.
APPROVAL OF AGENDA
Resolution #1
Moved by Alan Dale, seconded by John Scholten:
That the agenda for the May 14, 2019 meeting of the Committee of Adjustment be
accepted as presented.
Carried
3.
DISCLOSURE OF PECUNIARY INTEREST
No disclosure was reported.
4.
MINUTES OF PREVIOUS MEETING
4.1
April 9, 2019
Resolution #2
Moved by John Scholten, seconded by Alan Dale;
That the minutes of the Committee of Adjustment dated April 9, 2019, be adopted as
printed and circulated.
Carried
5.
APPLICATIONS FOR MINOR VARIANCE
5.1
Owner(s): Martin and Ada Vanderspek
File No.: A 02-19
Report No.: 2019-157
Location: Lot 474, Plan 745, 15 Victoria Street, Norwich (Village of Norwich)
Township of Norwich
Committee of Adjustment Minutes – May 14, 2019 Page 2 of 3
Details of Proposed Variance: Relief from Table 11.2 Residential Type 1 Zone,
Front Yard Minimum Depth requirement, to reduce the required front yard depth
from 7.5 m (24.6 ft) to 2.9 m (9.65 ft) to construct a covered porch to an existing
single detached dwelling
Mrs. Vanderspek was in attendance.
Ms. St. Clair outlined the application as contained within Report 2019-157. She advised
that the application is to facilitate construction of a covered porch which will extend
beyond the front of the existing building and into the front yard. The residence, built in
approximately 1900 is consider legal non-complying since it was constructed prior to the
zoning by-law. Ms. St. Clair further noted that the residential development to the south of
the property along Victoria Street have front yard setbacks in keeping with that being
proposed by the applicant.
There was no one in attendance that wished to speak in support of or against the
application.
Resolution #3
Moved by John Scholten, seconded by Larry Martin:
That respect to the application by Martin & Ada Vanderspek, File A 02/19, for lands
described as Lot 474, Plan 745 (Village of Norwich), 15 Victoria Street, Norwich; for
relief from Table 11.2 – R1 Zone Provisions, to reduce the minimum required front yard
depth from 7.5 m (24.6 ft) to 2.94 m (9.65 ft) to facilitate construction a covered front
porch to an existing single detached dwelling, the Committee of Adjustment hereby;
Approve the requested Minor Variance
Carried
Ms. Armstrong advised of the 20-day appeal period pursuant to the Planning Act
6.
CORRESPONDENCE
None
7.
OTHER BUSINESS
None
8.
ADJOURNMENT – 9:07 a.m.
Resolution #4
Moved by Larry Martin, seconded by John Scholten:
That the Committee of Adjustment do now adjourn.
Carried
AGENDA ITEM #4.1.
Committee of Adjustment Minutes – May 14, 2019 Page 3 of 3
THESE MINUTES ADOPTED BY WAY OF RESOLUTION NO. 2 AS APPROVED BY THE COMMITTEE AT ITS MEETING ON THE 28th DAY OF MAY, 2019.
___________________________________ CHAIR JIM PALMER ____________________________________ SECRETARY- TREASURER COMMITTEE OF ADJUSTMENT
KIMBERLEY ARMSTRONG
May 14, 2019Page 5 of 12
Community Planning
P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3
Phone: 519-539-9800 Fax: 519-421-4712 Web site: www.oxfordcounty.ca
REQUESTED VARIANCE:
RECOMMENDED VARIANCE:
LOCATION: BACKGROUND INFORMATION: Our File: A3-19
APPLICATION FOR MINOR VARIANCE TO: Township of Norwich Committee of Adjustment
MEETING: May 28, 2019
REPORT NUMBER: 2019-157
OWNERS: Scott, Brian and Cindy Van Dongen
27 Wilson Street, Bright ON N0J 1B0
1. Relief from Table 11.2 –R1 Zone Provisions, to reduce the minimum required interior side width from 1.5 m (4.9 ft) to 1.3 m (4.2 ft), to facilitate the completion of a single detached dwelling on the subject lands.
2. Relief from Table 11.2 – R1 Zone Provisions, to reduce the minimum required front yard depth from 7.5 m (24.6 ft) to 6.1 m (20.1 ft), to facilitate the completion of a single detached dwelling on the subject lands.
The subject property is described as Lot 102, Plan 226 and Part 5, 41R-7824 in the Village of Norwich. The subject lands are located on the north side of Jerdon Street, lying between Otter Street and Pitcher Street, and are municipally known as 6 Jerdon Street, in the Village of Norwich.
COUNTY OF OXFORD OFFICIAL PLAN:
Schedule ‘C-3’ County of Oxford Settlement Strategy Plan Serviced Village Schedule ‘N-2’ Village of Norwich Land Use Plan Low Density Residential TOWNSHIP OF NORWICH ZONING BY-LAW:
Residential Type 1 Zone (R1)
AGENDA ITEM #5.1.
Owner(s): Scott, Brian and Cindy Van Dongen File No.: A 03-19
COMMENTS:
File Number: A 3-19 Report Number 2019-169
Page 2
SURROUNDING USES: Low density residential uses, consisting of single detached dwellings, and an institutional use (school).
(a) Purpose of the Application:
The applicant has requested the above-noted relief from the interior side yard width provision of the Township Zoning By-law to permit the completion of a single detached dwelling, with a reduced interior side yard width of 1.35 m (4.4 ft) on the east side of the property. Additionally, relief is required to reduce the minimum required front yard depth to 6.1 m (20 ft) to facilitate the requested development on the subject lands.
The subject property is approximately 458.3 m2 (4,933 ft2) in area, with approximately 15 m (50
ft) of frontage on Jerdon Street. The subject property contains a recently built single detached dwelling that was constructed in non-compliance with the interior side yard and front yard setback requirements of the Zoning By-law. The surrounding land uses are predominately single detached dwelling, with a school property directly adjacent.
Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity.
Plate 2, Close-up of Subject Lands (2015 Air Photo), shows the location of the subject lands and surrounding properties, with the 2015 aerial photography overlay.
Plates 3, Applicant’s Sketch, shows the dimensions of the proposed single detached dwelling on the subject lands.
(b) Agency Comments:
The application was circulated to a number of public agencies.
Southwestern Public Health and the County of Oxford Public Works Department have commented that they have no concerns with the proposal.
(c) Public Consultation:
Public Notice was mailed to surrounding property owners on April 30, 2019. As of the writing of this report, no comments or concerns had been received from the public.
(d) Intent and Purpose of the Official Plan:
The subject lands are designated ‘Low Density Residential’ according to the County of Oxford Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling conforms to the ‘Low Density Residential’ policies of the Official Plan.
In addition to this, staff are satisfied that the proposed single detached dwelling will not adversely affect surrounding land uses and will be located wholly on the subject lands and no negative
Owner(s): Scott, Brian and Cindy Van Dongen File No.: A 03-19
(f) Desirable Development/Use:
File Number: A 3-19 Report Number 2019-169
Page 3
effects are anticipated with approval of the applicant’s request. As such, staff are satisfied that the proposal is in keeping with the general intent of the County Official Plan.
(e) Intent and Purpose of the Zoning By-law:
The subject property is zoned ‘Residential Type 1 Zone (R1)’ in the Township Zoning By-law, which permits a single detached dwelling. The ‘R1’ zone also establishes a minimum required lot area of 450 m2 (4,844 ft2) and a minimum lot frontage of 15 m (49.2 ft) where serviced by municipal
sanitary services.
The ‘R1’ zone also requires a minimum front yard depth of 7.5 m (24.6 ft) which is intended to ensure that sufficient space is maintained on private lands to accommodate for drainage, parking and private amenity space, while ensuring adequate separation is maintained between residential development and the public right of way. Front yard depth provisions are also intended to maintain uniform sightlines along residential streetscapes.
Additionally, the ‘R1’ zone requires minimum interior side yard widths of 3 m (9.8 ft) on one side and 1.5 m (4.9 ft) on the narrow side, provided that where a garage is attached, the minimum width shall be 1.5 m (4.9 ft). Minimum interior side yard provisions are intended to ensure that adequate space is required for drainage and maintenance along the sides of the house.
The applicants are requesting a reduction to the required interior side yard width from 1.5 m (4.9 ft) to 1.3 m (4.2 ft), and it has been recommended that a reduction in the front yard depth from 7.5 m (24.6 ft) to 6.1 m (9.65 ft) also be sought, to ensure compliance of the dwelling with the provisions of the Zoning By-law.
Staff are of the opinion that overall, the general intent of the Zoning By-law can be maintained as the proposal represents a minor departure from the provisions of the Zoning By-law. Staff are satisfied that approval of the applicant’s request will assist in providing for private residential amenity space on the subject lands which will not impact the existing parking area on the property, have significant adverse impacts on drainage, or create undue impacts to neighbouring properties.
Section 10.3.6 of the Official Plan provides that the Committee of Adjustment, when considering an application for minor variance, shall take the following into account;
whether constraints and/or restrictions to meeting the requirements of the Zoning By-law due to the physical or inherent conditions of the site are involved;
whether alternative designs of the proposal which would be in conformity with the relevant By-law are clearly not feasible or appropriate for the site;
the concerns of the effect on adjacent owners, residents and the community in general have been considered;
the approval of the minor variance will not create an undesirable precedent;
that compliance with the standards of the relevant By-law would be unreasonable or impossible and would impose an undue hardship on the applicant.
AGENDA ITEM #5.1.
Owner(s): Scott, Brian and Cindy Van Dongen File No.: A 03-19
File Number: A 3-19 Report Number 2019-169
Page 4
It is the opinion of this office that the applicants’ proposal to obtain relief from the interior side yard and front yard depth provisions of the Township Zoning By-law can be considered desirable for the development of the land.
Staff are of the option that this proposal is minor in nature and satisfies the four tests for minor variance as set out in Section 45(1) of the Planning Act.
In light of the foregoing, staff are recommending the Committee of Adjustment approve the applicant’s requested relief as it is in keeping with the general intent and purpose of the Official Plan and the Township Zoning By-law and can be supported from a planning perspective.
RECOMMENDATION:
That the Township of Norwich Committee of Adjustment approve Application File A3-19, submitted by Scott, Brian and Cindy Van Dongen, for lands described as Lot 102, Plan 226, Village of Norwich, as it relates to:
1. Relief from Table 11.2 – R1 Zone Provisions, to reduce the minimum required interior side yard width from 1.5 m (4.9 ft) to 1.3 m (4.2 ft); and,
2. Relief from Table 11.2 –R1 Zone Provisions, to reduce the minimum required front yard depth from 7.5 m (24.6 ft) to 2.94 m (9.65 ft), to facilitate the completion of a single detached dwelling on the subject lands.
As the proposed variances are:
(i) minor variances from the provisions of the Township of Norwich Zoning By-law No. 07-2003-Z;
(ii) desirable for the appropriate development or use of the land;
(iii) in-keeping with the general intent and purpose of the Township of Norwich Zoning By-law No. 07-2003-Z; and
(iv) in-keeping with the general intent and purpose of the Official Plan.
Authored by: original signed by: Amelia Sloan, MCIP, RPP, Development Planner
Approved for submission by: original signed by: Eric Gilbert, MCIP, RPP, Senior Planner
Owner(s): Scott, Brian and Cindy Van Dongen File No.: A 03-19
This map is a user generated static output from an Internet mapping site and
0 53 Meters is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey NAD_1983_UTM_Zone_17N May 17, 2019 Legend Notes Environmental Protection/Flood Overlay Flood Fringe Floodway
Environmental Protection (EP1) Environmental Protection (EP2)
Zoning
Floodlines/Regulation Limit
100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to 1:500)
27
AGENDA
ITEM #5.1.
Owner(s): Scott, Brian and Cindy V
an Dongen File No.: A 03-19 Report...
Page 10 of 12
Plate 1 - Location Map with Existing Zoning File No.: A03-19 - Van Dongen
Lot 102, Plan 226, (Village of Norwich), 6 Jerdon Street, Norwich
Subject
Property
Otter St
Legend Notes Environmental Protection/Flood Overlay Flood Fringe Floodway
Environmental Protection (EP1) Environmental Protection (EP2)
Zoning
Floodlines/Regulation Limit
100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to 1:500)
This map is a user generated static output from an Internet mapping site and
0 13 27 Meters is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey NAD_1983_UTM_Zone_17N May 17, 2019
AGENDA
ITEM #5.1.
an Dongen A 03-19Page 1
1 of 12
Plate 2 - Close-up of Subject Lands (2015 Air Photo) File No.: A03-19 - Van Dongen
Lot 102, Plan 226, (Village of Norwich), 6 Jerdon Street, Norwich
Subject
Property
-SURVEYOR'S REAL . PROPERTY REPORT PART 1 - PLAN OF SURVEY OF
PART OF
·LOT 102, PLAN 226
FORMERLY IN THE
TOWNSHIP OF NORTH NORWICH NOW IN THE TOWNSHIP OF NORWICH COUNTY OF OXFORD . SCALE 1: ZOO • 2 0 12 . . !;;;;;;;J---1 I
.BROOKS. & MUIR SURVEYING
@ COPYRIGHT 2018 .
NOTES:
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NORTHERLY ·
LIMIT OF JERDON ·STREET AS SHOWN ON PLAN 41R-7824 HAVING A
BEARING OF N76'10'E. .
PART .2 - WRITTEN REPORT
THE FENCES NOTED ON THE PLAN ARE GENERALLY TO LINE
~~Ng~~~~A~~~~Ewcl~~ ~~Ir~· NOTED CRO~SING THE
PROPERTY. . , . ' .
THIS PLAN HAS BEEN PREPARED FOR BVD ' HOME IMPROVEMENTS AND
THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE BY ANY
OTHERS.
ALL DIMENSIONS ARE MEASURED UNLESS QUALIFIED. .
ALLMFENCES ARE "ON LINE" UNLESS 11ES TO THE PROPERTY LINE
ARE SHOWN•
· ME!RIC
/J/S~Nas.5110/IN av lll/S fl.AN A/?£ IN AIE11i'£S AN/J
CAN BE fXWW?lE!J llJ FEET BYIJIWO/Nl7 BY aJOlll.
LEGEND
SIB :... STANDARD IRON BAR
SSIB - SHORT STANDARD IRON BAR
IB -.IRON BAR
RIB - ROUND IRON .BAR
CC - CUT CROSS .
CP - CONCRETE PIN
• -. FOUND
D - PLANTED
WIT - WITNESS · ·
Pl - PLAN BY r.'H. BROOKS, OLS, FILE B-9107 .
P2 - PLAN 41R-7624
SURVEYOR'S. CERTIFICATE I CER11FY THAT:
,....,A..,,.ss=-=o""c1""'A11="'0N~OF=-o-N-,.TAR"""'10'"\ I 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE Wini
LANO SURVEYORS m.iEs~~'&jf ~i1.AND THE SURVEYORS ACT AND THE REGULA110NS
PU.llSUB!.l/Sst{JNfO/IM
2063963' 2. THE SURVEY WAS COMPLETED ON THE 4TH DAY . OF DECEMBER 2016.,
. :-~ DECEMBER 6, 201 B
~::
lHISPLJ.N IS NOTVAUD . 11---...::~...;.----.,..;,.----1
UNlESS IT IS AN EMBOSSED BROOKS & MUIR SURVEYING ORIGINAL COPY ·
ISSUED BY lHE SURVEYOR
·lnaccordancowlth ~~~g-~P~~~~~-~~~=~.s:~~9 10241-1
RogulaUon1026, SceUon29(3). TEL 519-539-8089 Fl+X. 519-SJS-BOBS braoksmulrCbcUnelca 1- w w a::: I (/) a::: w :r: 0 l o.. ''~,~·) PART 1, PLAN 41R-7824 - - - --- - - ---.- - PART 2, PLAN 41R-7824 1 - - - -N78'25'15"E 38.88 (l•Ge) 00060-0086 ---1~w ll1 """ Nn'34'00"E 15.24PLAS17C ..---l.1.-=tt=~~,.;-~o.0~3-='s.-,--«- - - o.04 E. PART 3, PLAN 41R-7824 PIN 00060-0560 LOT
________________________
_
_,,_ CH AIN UNK FENCED"o
E:j_
1.217 PIN 00060-0561 33.06 P2, S PART 5, PLAN 41R-7824 PIN (\ ~~·> 00060-0562 STREET :02 1- w w a::: I . 00060-0085 (/) 226 a::: w I . l o 37. 90 (37,95 P2) ·AGENDA
ITEM #5.1.
Owner(s): Scott, Brian and Cindy V
an Dongen File No.: A 03-19 Report...
Page 12 of 12
Plate 3 - Applicant's Sketch File No.: A03-19 - Van Dongen
