A-26-18€¦ · Whelan- A/26/18 - 1 - COMMITTEE OF ADJUSTMENT TOWN OF AMHERSTBURG TO: Chairman D. Cozens and Members of Committee of Adjustment FROM: Rebecca Belanger, Manager of

R1A

EP

h-R1A

EP

COUNTY RD20

±Town of AmherstburgA-26-18 W-S Front Road South

LegendZoningLow Density Residential

Whelan- A/26/18

- 1 -

COMMITTEE OF ADJUSTMENT TOWN OF AMHERSTBURG

TO: Chairman D. Cozens and Members of Committee of Adjustment FROM: Rebecca Belanger, Manager of Planning Services DATE: December 5, 2018 FILE # A/26/18 LOCATION: W/S Front Road North APPLICANT: Susan Whelan and Theresa Whelan ASSOCIATED APPLICATIONS: n/a VARIANCE REQUESTED The applicant is requesting relief from Zoning By-law 1999-52, as amended, to permit the construction of a single detached dwelling on a lot with a land mass of 1400 sq m (15,071.76 sq ft). Section 6(3)(g) permits a maximum lot coverage of 30% (4,522 sq ft) in a Residential Type 1A (R1A) Zone. The applicant is requesting a total lot coverage of 32% (4,823 sq ft) for the construction of a single detached dwelling. Therefore the amount of relief requested is 2% (301 sq ft). Relief is being requested for a reduced setback from the Detroit River shoreline of 6 m (20 ft) where Section 3(23)(d)(ii) requires an 8 m (26 ft) setback from the protected shoreline. Therefore the amount of relief requested is 2 m (6 ft). Relief is also being requested from Section 3(23)(a) which requires a minimum 26 m (85 ft) setback from the centerline of a County Road. The proposed setback from the centerline of the County Road for the proposed construction is 18.3 m (60 ft). Therefore the amount of relief requested is 7.62 m (25 ft).

Whelan- A/26/18

- 2 -

PLANNING INFORMATION Official Plan Designation: Low Density Residential By-law No. 1999-52: Residential Type 1A (R1A) Zone and

Environmental (EP) Zone Existing Use: Residential Neighbouring Uses: North: outlet to the West Ouellette Drain and a

vacant residential lot South: vacant residential lot East: Existing residential West: Detroit River TECHNICAL INFORMATION Existing Structures: n/a Existing Lot Area: 1400 sq m (15,071.76 sq ft) – Land mass Proposed Lot Coverage: 32% (4,823 sq ft) Permitted Lot Coverage: 30% (4,522 sq ft) Existing Setback from Detroit River: n/a Proposed Setback from Detroit River: 6 m (20 ft) Permitted Setback from Detroit River: 8 m (26 ft) Existing Setback from Centreline of a County Road: n/a Proposed Setback from Centreline of a County Road: 18.3 m (60 ft) Permitted Setback from Centreline of a County Road: 26 m (85 ft)

Whelan- A/26/18

- 3 -

ANALYSIS 1) Planning Act Requirements

When considering this application, the Committee must consider the four tests as outlined in Section 45(1) of the Planning Act, R.S.O. 1990, as amended, which states that the Committee be of the opinion that the variance: a) Maintains the general intent and purpose of the Official Plan; b) Maintains the general intent and purpose of the Zoning By-law; c) Is desirable for the appropriate development or use of the land, building or

structures; and d) Is minor in nature. The application must meet all of the above tests.

2) Official Plan Policies

The subject property is designated Low Density Residential in Amherstburg’s Official Plan. Single detached dwellings and accessory uses are permitted in accordance with Section 4.3.1 of the Official Plan. In accordance with Section 4.2.3 the residential character of the neighbourhood is being maintained and does not present a burden to existing facilities or services.

The proposed land use maintains the intent of the Official Plan.

3) Zoning By-law

The subject property has an existing lot area of 1400 sq m (15,071.76 sq ft). The subject property is zoned Residential Type 1A (R1A) Zone. Section 6(3)(g) permits a maximum lot coverage of 30% in a Residential Type 1A (R1A) Zone. With the construction of a single detached dwelling the lot coverage for the proposed construction will be 32%. The required setback from the Detroit River Shoreline in Section 3(23)(d)(ii) requires an 8 metres from the water’s edge, measured horizontally along a line perpendicular to the water’s edge, where adequate erosion facilities and shoreline protection are in place. The proposed setback reduction from the Detroit River Shoreline being requested is 6 m (20 ft), with a total reduction of 2 m (6.6 ft).

Whelan- A/26/18

- 4 -

The applicant has also requested relief from Section 3(23)(a), which requires that no buildings or structures be erected closer than 26 m (85 ft) from the centerline of a County Road. The requested relief from this provision is 7.7 m (25 ft), where the applicant is requesting a reduced setback from the centerline of County Road 20 of 18.3 m (60 ft). The proposed building appears to conform with additional setbacks indicated in Section 3.23(d)(iii) of the Zoning By-law. The proposed structure is located on the northern half of part Lot 14 and therefore no part of any building or structure shall be erected beyond a line measured forty-seven (47) metres from the centreline of County Road 20 road allowance. The proposed building conforms to this special setback. The water lot of the subject parcel is also zoned Environmental Protection (EP) Zone. The proposal is consistent with Zoning By-law 1999-52, as amended for this zone. The implementation of any in-water construction (ie. armour stone repairs or sheet steel wall work) would be approved through the issuance of an ERCA permit. The ERCA to date has advised the Town that their office is satisfied with the outcome of the shoreline engineering analysis that has proposed the reduction in setbacks for the side yards. The requested variance would therefore appear to maintain the intent of the Zoning Bylaw.

4) Appropriate Development The proposed variance does not appear to change the use of the land for residential purposes and therefore can be considered appropriate. The proposed variance would appear not to negatively impact any adjacent land uses. The Committee approved two similar applications in 2014 for 744 Front Road North which is located two properties to the north of the subject lot. Two minor variance applications were approved for the property, the first requesting a reduced setback from the County Road (26 m to 18.3 m) and the second requesting an increased lot coverage to 35%, increased from 30%. As noted above, ERCA was consulted to ensure that the proposed 6 m setbacks from the Detroit River were appropriate. ERCA stated that ‘our office has been in contact with the owner and their engineering consultant and are confident that the design can afford required protection with the relief being sought under this minor variance application’.

Whelan- A/26/18

- 5 -

5) Minor in Nature

No precise definition for what constitutes “minor” exists. Rather, it is a culmination of the review of the Official Plan, Zoning By-law and attempts to address the “big picture” for what the proposed development represents. Each application must be assessed on its own set of circumstances. The proposed variance does not appear to change the character of the neighbourhood or create a negative impact on adjacent lands and is consistent with the existing development pattern. The requested variance may be considered minor in nature.

6) There are not any physical hazards associated with the property nor would

there appear to be any environmental concerns. 7) Agency Comments: See attached. RECOMMENDATION: That subject to Committee consideration of written and oral comments received at the meeting, it is recommended that Application A/26/18 be approved to grant relief of 2% to permit a maximum lot coverage of 32%, a reduced setback of 6 m (20 ft) from the Detroit River Shoreline and grant relief of 7.62 m (25 ft) to permit a 18.3 m (60 ft) setback from the centerline of County Road 20. Respectfully Submitted, Town of Amherstburg Rebecca Belanger, MCIP RPP Manager of Planning Services

Page 1 of 3

Amherstburg / Essex / Kingsville / Lakeshore / LaSalle / Leamington / Pelee Island / Tecumseh / Windsor

[email protected]

P.519.776.5209

F.519.776.8688

360 Fairview Avenue West

Suite 311, Essex, ON N8M 1Y6

December 04, 2018

Ms. Rebecca Belanger, Manager of Planning Services

Town of Amherstburg

3295 Meloche Road

Amherstburg, Ontario, N9V 2Y8

Dear Ms. Belanger:

RE: Application for Minor Variance A-26-18 727 FRONT RD N

ARN 372942000011800; PIN: 707240091

Applicant: WHELAN THERESA ANN

The following is provided as a result of our review of Application for Minor Variance A-26-18. The

purpose of the application is to request relief from the minimum lot coverage requirements (reduction

from 32% to 30%); and relief from shoreline protection setbacks from the southern shoreline protection

wall associated with the Detroit River (from 8 metres to 6 metres); and, relief from setback provisions on

a County Road (from 26 metres to 18.3 metres). Essex Region Conservation Authority staff have been in

close contact with the proponent's engineering firm to assess this proposal according to our mandate

and we are confident that these setbacks can be realized while meeting our regulatory standards.

DELEGATED RESPONSIBILITY TO REPRESENT PROVINCIAL INTEREST IN NATURAL HAZARDS,

(PPS, 2014) AND REGULATORY RESPONSIBILITIES OF THE CONSERVATION AUTHORITIES ACT

The following comments reflect our role as representing the provincial interest in natural hazards

encompassed by Section 3.1 of the Provincial Policy Statement of the Planning Act as well as our

regulatory role as defined by Section 28 of the Conservation Authorities Act.

The above noted lands are subject to our Development, Interference with Wetlands and Alteration to

Shorelines and Watercourses Regulation under the Conservation Authorities Act, (Ontario Regulation

No. 158/06). The parcel falls within the regulated area of the West Ouellette Drain and Detroit

River. The property owner will be required to obtain a Permit and/or Clearance from the Essex Region

Conservation Authority prior to any construction or site alteration or other activities affected by the

regulations. Our office has been in contact with the owner and their engineering consultant and are

confident that the design can afford required protection with the relief being sought under this minor

variance application.

WATERSHED BASED RESOURCE MANAGEMENT AGENCY

The following comments are provided in an advisory capacity as a

public commenting body on matters related to watershed

management.

Ms. Belanger

December 04, 2018

Page 2 of 3

Amherstburg / Essex / Kingsville / Lakeshore / LaSalle / Leamington / Pelee Island / Tecumseh / Windsor

Our office has reviewed the proposal and has no concerns relating to stormwater management.

PLANNING ADVISORY SERVICE TO MUNICIPALITIES - NATURAL HERITAGE POLICIES OF THE PPS,

2014

The following comments are provided from our perspective as a service provider to the Municipality on

matters related to natural heritage and natural heritage systems. The comments in this section do not

necessarily represent the provincial position and are advisory in nature for the consideration of the

Municipality as the planning authority.

Our information indicates that the subject parcel is likely to support fish habitat. As per Section 2.1.6 of

the PPS 2014 – “Development and site alteration shall not be permitted in fish habitat except in

accordance with provincial and federal requirements.” Inquiries regarding the applicability of fish

habitat to the property should be made to the federal Fisheries and Oceans Canada website: www.dfo-

mpo.gc.ca/pnw-ppe/index-eng.html.

PLANNING ADVISORY SERVICE TO MUNICIPALITIES - NATURAL HERITAGE POLICIES OF THE PPS,

2014

The following comments are provided from our perspective as a service provider to the Municipality on

matters related to natural heritage and natural heritage systems. The comments in this section do not

necessarily represent the provincial position and are advisory in nature for the consideration of the

Municipality as the planning authority.

The subject property is not within or adjacent to any natural heritage feature that may meet the criteria

for significance under the Provincial Policy Statement (PPS 2014). Based on our review, we have no

objection to the application with respect to natural heritage policies.

FINAL RECOMMENDATION

Our office has no objection to this minor variance application. We request to receive a copy of the

Notice of Decision on this application.

If you have any questions or require any additional information, please contact the undersigned.

Sincerely,

Ms. Belanger

December 04, 2018

Page 3 of 3

Amherstburg / Essex / Kingsville / Lakeshore / LaSalle / Leamington / Pelee Island / Tecumseh / Windsor

Michael Nelson, BSc, MSc (Planning)

Watershed Planner

/mn

C: Ron Sutherland, ERCA Board Member, Town of Amherstburg

Rick Fryer, ERCA Board Member, Town of Amherstburg

Good Morning,

Comments from PWD regarding the CoA application is as follows:

A/23/18 – Setback reductions from the Detroit River Shoreline and County Road 20 should be approved by ERCA and the County of Essex respectively.

In addition, the applicant should be made aware that the subject lot abuts the outlet of the Ouellette Drain, which is a Municipal Drain located adjacent to the northern shorewall of the subject property. The proposed six metre setback from the shorewall must be kept clear of permanent obstructions that could impede the usage of heavy construction machinery that may be needed to maintain the outlet of the drain in the future. This work may include, but is not necessarily limited to, the removal of blockages such as tree limbs, sediment buildup, flotsam and jetsam, etc. Structures, sidewalks, landscaping, fencing, air conditioning units, or other items that cannot be removed or may become damaged during maintenance operations should not be installed, erected, or otherwise placed in the area between the house and the shorewall. In the event that something of this naute has been installed by the landowner, and maintenance to the drain is needed, the cost to remove the impedance, if required for access to the work, will be at the expense of the landowner.

Thanks,Shane

Shane McVittyDrainage Superintendent / Engineering Coordinator

512 Sandwich St. South, Amherstburg, ON, N9V 3R2Tel: 519­736­3664 Fax: 519­736­7080 TTY: 519­736­9860

RE: Notice of Minor Variance Application

Reply all |

Inbox

SM McVittyShane Today, 2:29 PM

Katrina DiGiovanni; Rebecca Belanger

Label: Default-Retention (5 years) Expires: 11/28/2023 2:29 PM

Page 1 of 2RE: Notice of Minor Variance Application

11/29/2018https://outlook.office365.com/owa/?viewmodel=ReadMessageItem&ItemID=AAMkADh...