Port Stanley Foodland
Remax Sales Richard and Helen Haddow
Molly Maid
Port Stanley Cat Rescue
Elgin Chrysler Dodge Jeep
Pool and Landscape Associate

Port Stanley News RSS Feed  News A Proposed Variance To Reduce The Minimum Distance Separation

News

by Doug Harvey

Planning Applications for Monday, December 17th, 2018

As tonight's meeting was the first planning meeting for this new Council, a Committee Chair had to be nominated. After a quick selection process Fiona Roberts was nominated as Committee Chair for the Committee of Adjustments.

Committee of Adjustment

1. 6:20 p.m. - COA 21-18, 221 Colonel Bostwick Street

Background: - The applicant is requesting permission from the Committee of Adjustment to cover and enclose an existing second storey deck located on the front of the house.

Requested Variance: - (i) To permit the enlargement or extension of a lawful non-conforming single detached residential dwelling which is located within the Business Zone 1 (B1).

There was no correspondence received and no one had any objections with this application.

The Requested Variance was granted.

Zoning By-law Amendments

1. 6:30 p.m. - ZBA - 44570 Edgeware Line

Background: - The subject lands, which are located on the north side of Edgeware Line, have approximately 40.4 metres of frontage on Edgeware Line and are approximately 0.3 hectares (0.73 acres) in lot area. Municipally known as 44570 Edgeware Line, they may be legally described as being Range 1 North of Edgeware Road, South Part Lot 11, geographic Township of Yarmouth, now Municipality of Central Elgin.

The applicant is proposing to rezone the subject lands to permit the construction of a new residential dwelling. Specifically, the applicants are proposing to rezone the lands as the current zoning only permits existing rural-residential uses and the buildings and structures that existed at the time of passing of the by-law. Further, in accordance with the policies of the Official Plan and the Provincial Policy Statement 2014 (PPS), a variance from the Minimum Distance Separation (MDS) distance is required for the proposed new development.

The subject lands are located within the Open Space Zone 2 (OS2) of the Township of Yarmouth Zoning By-law No. 1998, as amended. The OS2 zone permits farm uses, existing rural-residential uses, home occupations and accessory uses.

Correspondence was received from the Kettle Creek Conservation Authority indicating that they had no objections with this application. There was also correspondence received from adjacent landowners Gary and Joyce Gonyou who had concerns about rezoning this property and the proposed variance to reduce the Minimum Distance Separation from a farm livestock operation as the proposed variance would limit their current farm operations and any opportunities for future expansion. Council also has a clear responsibility to protect the Agriculture Industry as outlined in the Farm and Food Protection Act, the Planning Act, and through the Provincial Policy Statement against residential encroachment.

The Minimum Distance Separation (MDS) Formulae are land use planning tools that determine setback distances between livestock barns, manure storages or anaerobic digesters and surrounding land uses. The objective of MDS is to minimize land use conflicts and nuisance complaints related to odour.

The Farm and Food Protection Act arose because that it was becoming increasingly difficult for farmers to produce food, fibre and other products effectively, because of complaints from neighbouring residents. The act was also established to promote and protect agricultural uses and normal farm practices in agricultural areas, in a way that balances the needs of the agricultural community with provincial health, safety and environmental concerns.

Public comments were heard concerning this proposal for the next 38 minutes from both parties opposed and in favour of this application. With all the information that was discussed, it led to concerns from Municipal Planning Staff that there was a possibility that inaccuracies were made in the proposal and that time would be needed to recheck the proposal and to do more research on the history of the property and adjacent properties to better understand how previous severance applications were applied. Once completed a revised report on the Proposed Zoning Amendment would be brought back for Councils consideration at a future meeting of Council.

2. 6:40 p.m. - ZBA - 406 Edith Cavell Blvd.

Background: - The subject lands, which are located on the south side of Edith Cavell Boulevard, have approximately 10.3 metres of frontage and are approximately 0.11 hectares (0.275 acres) in lot area. Municipally known as 406 Edith Cavell Boulevard, they may be legally described as being Plan 117, Part Lot 24, South Side Front, geographic Village of Port Stanley, now Municipality of Central Elgin.

The applicants are proposing to rezone the subject lands in order to permit a residential use. Specifically, the applicant is looking to construct a new residential dwelling with detached garage. The detached garage will have a secondary dwelling unit, or bunky, contained on the second floor.

The subject lands are currently located within the Open Space 3 (OS3) zone and Dynamic Beach Standard (DBS) zone regulations of the Village of Port Stanley Zoning By-law No. 1507, as amended. The OS3 zone permits farm use, recreational uses, summer cottages, existing residential uses, home occupations, and accessory uses. The DBS zone permits conservation and beach management practices, and beach recreational uses. A zoning by-law amendment to rezoning the lands currently zoned OS3 to a site-specific residential zone is required to support the proposed development. No amendments are being requested to the DBS zone regulation that applies to the property.

Correspondence was received from the Kettle Creek Conservation Authority indicating that as the property is in a Dynamic Beach Standard zone is affected by KCCA regulations, that a permit is required prior to any development, and that any development must be engineered by a qualified professional engineer and then reviewed a qualified Coastal engineer. No written submissions were received and there were no questions from Council or the public. The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.

3. 6:50 p.m. - ZBA - 45471 Sparta Line

Background: - The applicant is proposing to rezone the subject lands from a proposed severance, in order to satisfy a condition required by the Municipality. Specifically, the applicants are proposing to rezone the retained lands to prohibit a new dwelling from being built, in accordance with the policies of the Official Plan (LDC Application E53/18).

The subject lands are located within the Open Space Zone 1 (OS1) of the Township of Yarmouth Zoning By-law No. 1998, as amended. The OS1 zone permits farm uses, rural - residential uses, institutional use, home occupations and accessory uses. A zoning by-law amendment is required in order to satisfy the conditions on severance application E53/18.

Correspondence was received from the Kettle Creek Conservation Authority indicating that they had no objections with this application. No written submissions were received and there were no questions from Council or the public. The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.

4. 7:00 p.m. - ZBA - 45865 Sparta Line

Background: - The subject lands, which are located on the south side of Sparta Line, have approximately 360 metres of frontage on Sparta Line and are approximately 58.5 hectares (144.55 acres) in lot area. Municipally known as 45865 Sparta Line, they may be legally described as being Part Lot 19, Concession 3, geographic Township of Yarmouth, now Municipality of Central Elgin.

The applicant is proposing to rezone the subject lands from a proposed severance, in order to satisfy a condition required by the Municipality and a condition by the County of Elgin Land Division Committee. Specifically, the applicants are proposing to rezone the retained lands to prohibit a new dwelling from being built, in accordance with the policies of the Official Plan, and to prohibit livestock in the two metal clad buildings on the severed parcel as per the decision of Land Division Committee (LDC Application E52/18).

The subject lands are located within the Open Space Zone 1 (OS1) of the Township of Yarmouth Zoning By-law No. 1998, as amended. The OS1 zone permits farm uses, rural - residential uses, institutional use, home occupations and accessory uses. A zoning by-law amendment is required in order to satisfy the conditions on severance application E52/18.

Correspondence was received from the Kettle Creek Conservation Authority indicating that they had no objections with this application. No written submissions were received and there were no questions from Council or the public. The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.

5. 7:10 p.m. - ZBA - 116 Cowan Lane

Background: - The subject lands, which are located on the south side of Cowan Lane, have approximately 37 metres of frontage on Cowan Lane and are approximately 0.33 hectares (0.82 acres) in lot area. Municipally known as 116 Cowan Lane, they may be legally described as being Registered Plan 28 Block D, Part Lots 1 & 2, Reference Plan 11 R5328 Parts 1 to 7, geographic Township of Yarmouth, now Municipality of Central Elgin.

The applicant is proposing to rezone the subject lands in anticipation of the proposed severance application with the County of Elgin. The purpose of the severance application is to sever a portion of the lands from 116 Cowan Lane and merge them with 114 Cowan Lane so that an existing structure that currently straddles property lines is located entirely on 114 Cowan Lane.

The subject lands are located within the Open Space Zone 2 (OS2) of the Township of Yarmouth Zoning By-law No. 1998, as amended. The OS2 zone permits farm uses, rural - residential uses existing at the time of passing of the by-law, home occupations and accessory uses. A zoning amendment is required to recognize the residential use on the land if the severance were to occur. In addition, the amendment will require an exception with respect to the creation of a lot through a severance that does not have frontage on an open, improved public road.

Correspondence was received from the Kettle Creek Conservation Authority indicating that they had no objections with this application. No written submissions were received and there were no questions from Council or the public. The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.

6. 7:20 p.m. - ZBA - 286 Bridge Street

Background: - The subject lands, which are located on the south side of Bridge Street, have approximately 9.45 metres of frontage on Bridge Street and are approximately 0.02 hectares (0.06 acres) in lot area. Municipally known as 286 Bridge Street, they may be legally described as being Plan No. 49, Part of Lot 1 south side of Bridge west of Main, Part of Lot 21 west of Main, and Reference Plan 11 R1672 Part 1, geographic Village of Port Stanley, now Municipality of Central Elgin.

The applicants are proposing to rezone the subject lands in order to permit a dental clinic.

The subject lands are located within the Business Zone 1 (131) of the Village of Port Stanley By-law 1507, as amended. The B1 zone permits Retail Store, Restaurant, Business Office, Personal Service Shop, Dwelling Units above the main or first storey, and Accessory Uses. A zoning amendment is required to permit a "clinic" use, "Clinic", within the definitions of the Village of Port Stanley By-law would allow for medical or dental practices.

Correspondence was received from the Kettle Creek Conservation Authority indicating that they had no objections with this application. No written submissions were received. Councillor Row had concerns with the location as it has a high volume of traffic and that another location may be a better choice. There were no questions from the public. The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.


Last Updated: Tuesday, 18 December 2018 09:24:26 AM EST

Follow Us

Tuesday, March 26, 2019 | | Welcome Guest !

Copyright © 2004 - 2019 Port Stanley News.com All Rights Reserved ISSN 1718-8695