AGENDA FOR AMHERSTBURG COMMITTEE OF ADJUSTMENT Thursday, July 30 th , 2019 at 7:30 A.M. DISCLOSURE OF INTEREST ADOPTION OF MINUTES Minutes of the Committee of Adjustment meeting held July 11, 2019. APPLICATIONS (1) B/22/19 Miranda Macri & Peter Carlesimo 22/24 Shaw Drive 3729-600-000-11411-0000 NEXT MEETING August 27, 2019 at 7:30 a.m. ADJOURNMENT The meeting adjourned at a.m.
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AGENDA FOR AMHERSTBURG COMMITTEE OF ADJUSTMENT Thursday, July 30th, 2019 at 7:30 A.M. DISCLOSURE OF INTEREST ADOPTION OF MINUTES Minutes of the Committee of Adjustment meeting held July 11, 2019. APPLICATIONS
(1) B/22/19 Miranda Macri & Peter Carlesimo 22/24 Shaw Drive 3729-600-000-11411-0000
NEXT MEETING August 27, 2019 at 7:30 a.m. ADJOURNMENT The meeting adjourned at a.m.
July 11, 2019 COA Minutes Page 1
AMHERSTBURG COMMITTEE OF ADJUSTMENT Minutes of a meeting of the Amherstburg Committee of Adjustment held Thursday, July 11, 2019, at 7:30 a.m. in the Council Chambers. Present: D. Cozens, S. Ducedre, D. Shaw, T. Buchanan Absent: J. Mailloux Also Present: F. Garardo Manager of Planning Services, S. Sinasac, Assistant
Planner, K. Fox, Policy and Committee Coordinator Introductions of the Committee members and administration. DISCLOSURE OF INTEREST There were no disclosures of interest. ADOPTION OF MINUTES Moved by S. Ducedre Seconded T. Buchanan That the Committee move approval of the minutes held May 28, 2019.
-carried- APPLICATIONS (1) B/21/19 Sebastiano & Sara Guarnaccia
E/S Concession 2 N 3729-410-000-03050
Public in Attendance: Sara Guarnaccia The applicant is proposing to sever a parcel of land being 78.17 ft (23.82 m) frontage by 263 ft (80.16 m) depth with an area of 20,558.71 sq ft (1909.96 sq m) for purposes of creating a new residential building lot. The remaining parcel being 80 ft (24.38 m) frontage by 263 ft (80.16 m) depth with an area of 21,040 sq ft (1954.67 sq m) is vacant residential land for potential future development. The subject property is zoned Residential Type 1 A (R1A) in the Town’s Zoning By-Law, as amended, and designated Low Density Residential in the Town’s Official Plan. The following correspondence was received from the various agencies and residents circulated:
(i) Letter dated June 10, 2019 from the Essex Region Conservation Authority indicating no objections.
(ii) Email dated June 5, 2019 from the Building Division stating:
- I want to start requiring on all severance to have completed engineered
grading plans prior to any approvals. It is easier to get these completed at the severance stage rather than the building application stage. As well I like to have our department review the grade plan prior to approval. Grading has been an issue with infill lots and this will force the developer to provide the grading information that is specific to the severance.
July 11, 2019 COA Minutes Page 2
(iii) Email dated June 5, 2019 from the Fire Department indicating no objection.
(iv) Email dated June 10, 2019 from the Public Works Department indicating the
following comments:
- Individual water service connection required for severed and retained lot - No Sanitary sewers, septic field required for severed and retained lot. - Drainage apportionments required for the Ouellette Drain East and the
Long Marsh Drain. - Based on the proposal the new lots may require separate driveway
accesses from County Road 5 (Concession 2 North). This will require necessary review and approvals from the County of Essex.
(v) Letter dated June 12, 2019 from the County of Essex stating:
- Please be advised that the County of Essex has reviewed the aforementioned application and the comments provided are engineering related only. This application has not been reviewed from a planning perspective. The subject lands have frontage on County Road No. 5. The Applicant will be required to comply with the following County Road regulations.
- County By-Law Number 2481 - A By-Law to Provide for the Protection of Highways and to Provide for the Installation of Entrance Ways.
- County By-Law 2480 - A By-Law of the Corporation of the County of Essex to Regulate the Location of Buildings and Structures on Land Adjacent to County Roads.
- The minimum setback for any proposed structures on this property must be 85 feet from the center of the original ROW of County Road No. 5. Permits are necessary for any changes to existing entrances and structures, of the construction of new entrances and structures.
- We are requesting a copy of the Decision of the aforementioned application. Should this application be approved we are requesting a copy of the revised survey plan of the subject lands to update our mapping records. Thank you for your assistance and cooperation in this matter.
(vi) Planning Report dated June 17, 2019 from Frank Garardo, Secretary
Treasurer.
Committee Discussion: Ms. Guarnaccia presented the concept of the application. The severance will split the large lot into two building lots. Ms. Guarnaccia stated that she is planning to build on one and either sell the other lot or keep it in the family for her children in the future. Each lot will require a septic tank, the conditions identify the need for Council approval of the septic designs. Chairman Cozens discussed a few errors in the Planning Report. The word ‘other’ is to be removed from the last line in Section 4 and condition 7 is to be corrected to ‘that an access permit be obtained for each of the lots’ rather than ‘that an access permit be obtained for each of the five lots’. An additional condition was considered to address the County’s required setbacks. As these setbacks are indicated in the Zoning By-law, a condition is not required. The access requirement condition was discussed and the wording of the condition was left as shown in the Planning Report. The Committee also discussed requiring the new houses to comply with the R1A Zoning. Since complying with the Zoning is already required on all lots within the Town, this requirement was not added as a condition. The following resolution was put forth: Moved by T. Buchanan Seconded by S. Ducedre That application B/21/19 be approved, subject to the following conditions, as amended:
July 11, 2019 COA Minutes Page 3
1. That a Reference Plan of the subject property satisfactory to the municipality be
deposited in the Registry Office; a copy to be provided to the municipality. 2. The applicant submit to the municipality the deed, in triplicate, acceptable for
registration in order that consent may be attached to the original and duplicate and a copy be provided to the municipality.
3. That all property taxes be paid in full. 4. That each of the severed lots will be serviced with municipal water in accordance
with and under the supervision of the municipality. 5. That the developer be required to undertake lot grading plans for the severed
and retained lots to the satisfaction of the Building Department. 6. That Council approve the development of the two lots on private individual septic
systems after the soil analysis and septic design for each of the proposed lots completed. This requirement shall be fulfilled prior to the stamping of deeds.
7. That access to the proposed severed lots be provided prior to the stamping of the deeds. That an access permit be obtained for each of the lots from the County of Essex and any other requirements to their satisfaction, prior to the stamping of deeds. The access shall be provided to each lot through an undertaking satisfactory to the municipality.
8. That a parkland fee be paid to the Town of Amherstburg prior to the stamping of the deeds in an amount of $300 per lot.
9. That an assessment apportionment for any and all drains affected by the severance be completed in accordance with the provisions of the Drainage Act and that all costs associated with said apportionment be paid by the applicant.
10. This consent will be deemed to be refused in accordance with the Planning Act if the above noted conditions are not met within one year from the date of this notice.
- carried-
Reasons of Committee – The request is in conformity with Section 6.1.2 of Amherstburg's Official Plan and is consistent with the Provincial Policy Statement. The two proposed lots are in conformity with the R1A Zone provisions. (2) A/5/19 Jay Garner 128 Victoria Lane 3729-540-000-19000 Public in Attendance: Jay Garner The applicant is requesting relief from Section 3(1)(b) of the Zoning By-law 1999-52, as amended, to permit the construction of an accessory structure with 10.3% lot coverage, where 10% is permitted. The applicant is also requesting relief from Section 3(1)(b) of the Zoning By-law, where the gross floor area of the accessory structure cannot exceed the gross floor area of the main structure. The applicant is requesting relief of 161 sq. ft. to construct the accessory structure to have a gross floor area of 1440 sq. ft., where the main structure has a gross floor area of 1279 sq. ft. The subject property is zoned Residential Type 1 A (R1A) and designated Low Density Residential in the Town’s Official Plan. The following correspondence was received from the various agencies and residents circulated:
(i) Letter dated June 24, 2019 from the Essex Region Conservation Authority: 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 Lake Erie. The property owner will be
July 11, 2019 COA Minutes Page 4
required to obtain a Permit from the Essex Region Conservation Authority prior to any construction or site alteration or other activities affected by the regulations. Our office has reviewed the proposal and has no concerns relating to stormwater management. 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. We are optimistic that our concerns can be readily addressed through our permit review process, therefore we would have no objections to this application for Minor Variance.
(ii) Email dated June 20, 2019 from the Public Works Department indicating no comments.
(iii) Email dated June 20, 2019 from the Fire Department indicating no objection.
(iv) Email dated June 20, 2019 from the Building Department stating:
- My only comment is to ensure proper grading around the structure to
prevent water accumulation and not to adversely affect the adjacent properties.
(v) Planning Report dated June 17, 2019 from Frank Garardo, Secretary
Treasurer. Committee Discussion: Mr. Garner presented the concept of the application. Mr. Garner wishes to replace his existing garage with a larger garage that is 161 sq.ft. larger than his house. The accessory structure will have 10.3% lot coverage. There was no correspondence received from any neighbouring properties. The applicant was asked to confirm that the height of the accessory structure would be under 5.5 m as required by the Zoning By-law. The applicant confirmed that the height would comply with the Zoning By-law. The applicant was questioned about the exterior of the building. The applicant stated it will have vinyl siding that matches the house, not steel pole barn siding. The applicant was questioned if he would be willing to reduce the size of the building. The applicant stated he would be open to reducing the size but would not have needed to apply for a minor variance if he reduced the size and therefore would prefer to build the proposed size. ERCA’s requirements were discussed. The applicant has already been in contact with ERCA and stated that he will have to build the grade up by 6.5 inches. The following resolution was put forth: Moved by T. Buchanan Seconded by S. Ducedre That application A/5/19 be approved.
- carried- Reasons of Committee – The Committee, having considered the evidence presented, and having reviewed the plans and correspondence on file, is satisfied that the variance request is minor in nature, will not impact the character of the neighbourhood, and is keeping with the intent of the Official Plan and Zoning By-law. The applicant confirmed that the proposed accessory structure will not exceed the 5.5 m height maximum. NEXT MEETING The next meeting is scheduled for July 30, at 7:30 a.m.
July 11, 2019 COA Minutes Page 5
ADJOURNMENT The meeting adjourned at 8:46 am _________________________ __________________________ Chairman- Dave Cozens Secretary- Frank Garardo
CORPORATION OF THE TOWN OF AMHERSTBURG 271 SANDWICH ST S, AMHERSTBURG, ONTARIO N9V 2A5
NOTICE OF PUBLIC HEARING
In the matter of the Planning Act, R.S.O. 1990, as amended, and, in the matter of an application for consent by:
Miranda Macri & Peter Carlesimo
TAKE NOTICE THAT an application for consent (severance) under the above-noted file will be heard by the TOWN OF AMHERSTBURG COMMITTEE OF ADJUSTMENT on the date, time and place shown below:
Amherstburg Council Chambers, 271 Sandwich St. S., Amherstburg, ON
Thursday, July 30, 2019 at 7:30 A.M. (morning) This is a public hearing for the purpose of hearing evidence in support of or in opposition to the above-noted application. 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 asked to inform that person of this hearing. If you have comments on this application, they may be forwarded in writing to the Secretary-Treasurer at the address shown above. If you do not attend and are not represented at this hearing, the Committee may proceed in your absence (including possible amendments to the original request). Except as otherwise provided for in the Planning Act, you will not be entitled to any further notice of the proceedings. If a person or public body that files an appeal of a decision of the Town of Amherstburg Committee of Adjustment in respect of the proposed consent does not make written submissions to the Town of Amherstburg Committee of Adjustment before it gives or refuses to give a provisional consent, the Local Planning Appeal Tribunal may dismiss the appeal. If you wish to be notified of the decision of the Town of Amherstburg Committee of Adjustment in respect of the proposed consent, you must make a written request to Town of Amherstburg Committee of Adjustment. Location of Property: 22/24 Shaw Drive (Roll No. 3729-600-000-11411) Purpose of Application: The applicant is requesting a technical severance to separate a fully constructed townhome into two distinct units and parcels of land. The semi-detached dwelling was constructed in 2016. The applicant is proposing to sever 24 Shaw Drive with a frontage of +/- 9 m (29.5 ft) and a depth of 33.9 m (111.3 ft) and a total area of +/- 358.4 sq m (3857.8 sq ft). The remaining parcel being 22 Shaw Drive has +/- 7.6 m (24.9 ft) frontage by 33.9 m (111.3 ft) depth with an area of +/- 276.5 sq m (2976.2 sq ft). The subject property is zoned Special Provision Residential Third Density (R3-2) in the Town’s Zoning By-Law and Low Density Residential in the Town’s Official Plan. Additional Information relating to the proposed application is available for inspection at the Town of Amherstburg Planning Offices located in the Libro Centre at 3295 Meloche Road, during normal office hours, 8:30 a.m. to 4:30 p.m. or at the Town website www.amherstburg.ca. Dated: July 15, 2019
______________________________________
Frank Garardo, Secretary-Treasurer Town of Amherstburg Committee of Adjustment 271 Sandwich Street South, Amherstburg, ON N9V2A5
B/22/19 MACRI/CARLESIMO
COMMITTEE OF ADJUSTMENT TOWN OF AMHERSTBURG
TO: Chairman D. Cozens and COA members The Town of Amherstburg FROM: Frank Garardo, Manager of Planning Services CONSENT FILE #: B/22/19 DATE: July 8, 2019 LOCATION OF PROPERTY: 22/24 Shaw Drive APPLICANT: Miranda Macri & Peter Carlesimo Associated Applications: N/A PROPOSAL The applicant is requesting a technical severance to separate a fully constructed townhome into two distinct units and parcels of land. The semidetached dwelling was constructed in 2016. The applicant is proposing to sever 24 Shaw Drive with a frontage of +/- 9 m (29.5 ft) and a depth of 33.9 m (111.3 ft) and a total area of +/- 358.4 sq m (3857.8 sq ft). The remaining parcel being 22 Shaw Drive has +/- 7.6 m (24.9 ft) frontage by 33.9 m (111.3 ft) depth with an area of +/- 276.5 sq m (2976.2 sq ft). PLANNING INFORMATION Official Plan designation: Low Density Residential By-law No. 1999-52: Special Provision Residential Third Density (R3-2) Zone Existing Use: Residential Neighbouring Uses: Residential Access: Shaw Dr.
ANALYSIS: In the review of the subject application, a number of points have been reviewed: 1. PROVINCIAL POLICY STATEMENT:
The Planning Act R.S.O 1990, C.P.13, requires that the Council of a local Municipality and Committees of a local Municipality shall have regard to matters of Provincial interest in carrying out applications such as a severance application. Items of Provincial interest are outlined in the Provincial Policy Statement (PPS) issued by the Ministry of Municipal Affairs and Housing. They include such issues as the protection of ecological and natural systems, providing cost-effective and orderly development, the protection and enhancement of the quality and quantity of ground water and surface water and the function of sensitive ground water recharge/discharge areas, aquifers and headwaters to name a few. The consent for a residential lot is consistent with Section 1.1 of PPS which speaks to managing and directing land use to achieve efficient development and land use patterns. The PPS promotes opportunities for intensification (Section 1.1.3.3). The severance would provide a technical severance for a completed semi-detached structure in a settlement area with full services. The requested consent is consistent with the Provincial Policy Statement.
2. COUNTY OF ESSEX OFFICIAL PLAN:
The subject lands are located within the settlement area in the County of Essex Official Plan. Section 3.2.3 of the County Plan states that future growth and development is encouraged to locate within the settlement areas designation. Section 4.6.4 states that applications to create lots through the consent to sever process will continue to be the responsibility of local municipalities in accordance with the policies contained in local Official Plans.
3. TOWN OF AMHERSTBURG OFFICIAL PLAN:
The subject property is designated Low Density Residential in Amherstburg’s Official Plan.
The requested consent would appear to conform with relevant policies of the Official Plan specifically Section 6.1.2 being the Land Severance policies and Section 4.2 which provides for the creation of new residential lots and is compatible with surrounding land uses. The proposed lot has full municipal services available.
The proposed land use maintains the intent of the Official Plan. 4. COMPREHENSIVE ZONING BY-LAW 1999-52:
The subject property zoned Special Provision Residential Third Density (R3-2) Zone in Bylaw 1999-52, as amended. The R3 Zone permits semi-detached dwellings. The intended land use for the severed parcel complies with the zone requirements for the Special Provision Residential Third Density (R3-2) Zone. The proposed two residential lots comply with the Zoning By-Law requirements for frontage and minimum lot size for the Special Provision R3-2 Zone. The severed parcel would have a frontage of 9 m, where the Zoning By-Law requires a minimum of 7.5 m and the retained lot would have a frontage of 7.6 m. The severed and retained parcels will have a sufficient separate driveway access and meet the minimum parking requirements for a semi-detached dwelling. The semi-detached dwelling was constructed in 2016 and the lots were not separated at the time, and presently the owners of each respective semi-detached dwelling would like to have independent ownership of the lots and require a technical severance in order to separate the dwelling units. Required Proposed Lot frontage 7.5 m per unit 9 m, 7.6 m Interior side yard setback 1.2 m 1.2 m Front yard setback 6 m 6 m Rear yard setback 7.5 m with encroachment
for covered porches * 7.5 m with encroachment for covered porches
Lot coverage 55%* Entire structure: 43% Parking 2 per unit 2 per unit * As per Minor Variance A/15/14
5. AGENCY COMMENTS:
See attached. 6. RECOMMENDED CONDITIONS: Based on the foregoing and subject to the Committee’s consideration of written and oral submissions at the meeting it is recommended that application B/22/19 if approved, be subject to the following conditions:
1. That a Reference Plan of the subject property satisfactory to the municipality be deposited in the Registry Office; a copy to be provided to the municipality.
2. The applicant submit to the municipality the deed, in triplicate, acceptable for registration in order that consent may be attached to the original and duplicate and a copy be provided to the municipality.
3. That all property taxes be paid in full.
4. This consent will be deemed to be refused in accordance with the Planning
Act if the above noted conditions are not met within one year from the date of this notice.
NOTE: All conditions are subject to the approval of The Town of the Amherstburg,
but at no cost to the municipality. Respectfully submitted, Town of Amherstburg Frank Garardo, MCIP RPP Manager of Planning Services
A
R3-2 EP
±Town of AmherstburgB-22-1922-24 Shaw Drive
Subject Property
A
A
R3-2
CN-4
±Town of AmherstburgB-22-1922-24 Shaw Drive
LegendZoningNeighbourhood CommercialLow Density ResidentialAgricultural
Frontage = \+ 9mFrontage = \+ 7m
SHAW DR
±Town of AmherstburgB-22-1922/24 Shaw Drive
From: Angelo AvolioTo: Katrina DiGiovanni; Antonietta Giofu; Bruce Montone; Elke Leblanc; Giovanni (John) Miceli; Lynette Sharon;
Michael Naccarato; Michelle Lavin-Faucher; Paul Acton; Paula Parker; Rob Unis; Ron Meloche; Shane McVitty;Todd Hewitt
Subject: RE: Notice of Circulation B-22-19 (22/24 Shaw Dr)Date: Monday, July 15, 2019 4:33:22 PM
No comment from Building.AA
Angelo AvolioChief Building OfficialTown of Amherstburg - Libro Centre3295 Meloche Rd., Amherstburg, ON, N9V 2Y8Tel: 519-736-5408 Fax: 519-736-9859 TTY: 519-736-9860
The information in this e-mail is confidential, privileged and is subject to copyright and authorized solely for the addressee(s) named. TheTown of Amherstburg is not responsible for any loss or damage arising from the use of this email or attachments.
From: Katrina DiGiovanni Sent: July-15-19 10:28 AMTo: Angelo Avolio; Antonietta Giofu; Bruce Montone; Elke Leblanc; Giovanni (John) Miceli; LynetteSharon; Michael Naccarato; Michelle Lavin-Faucher; Paul Acton; Paula Parker; Rob Unis; Ron Meloche;Shane McVitty; Todd HewittSubject: Notice of Circulation B-22-19 (22/24 Shaw Dr) Good Morning, Please find attached the Notice of Circulation for a technical severance at 22/24 Shaw Drive. Pleaseprovide comment by July 22, 2019. Thanks,
Katrina DiGiovanniPlanning ClerkTown of Amherstburg3295 Meloche Rd., Amherstburg, ON, N9V 2Y8Tel: 519-736-5408 x2134 Fax: 519-736-9859 TTY: 519-736-9860
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
We have no objections to this Consent Application.
If you have any questions or require any additional information, please contact the undersigned.
Sincerely,
Corinne Chiasson
Resource Planner
/cor
From: Ron MelocheTo: Katrina DiGiovanniCc: Paul ActonSubject: RE: Notice of Circulation B-22-19 (22/24 Shaw Dr)Date: Tuesday, July 16, 2019 4:40:13 PM
Good afternoon Katie, Fire has no objection to B-22-19
Ron MelocheAssistant Deputy Chief / Fire Prevention & Inspection OfficerTown of Amherstburg271 Sandwich St. South, Amherstburg, ON, N9V 2A5Tel: 519-736-6500 Fax: 519-736-3683 TTY: 519-736-9860
The information in this e-mail is confidential, privileged and is subject to copyright and authorized solely for the addressee(s) named. TheTown of Amherstburg is not responsible for any loss or damage arising from the use of this email or attachments.
From: Katrina DiGiovanni Sent: July-15-19 10:28 AMTo: Angelo Avolio; Antonietta Giofu; Bruce Montone; Elke Leblanc; Giovanni (John) Miceli; LynetteSharon; Michael Naccarato; Michelle Lavin-Faucher; Paul Acton; Paula Parker; Rob Unis; Ron Meloche;Shane McVitty; Todd HewittSubject: Notice of Circulation B-22-19 (22/24 Shaw Dr) Good Morning, Please find attached the Notice of Circulation for a technical severance at 22/24 Shaw Drive. Pleaseprovide comment by July 22, 2019. Thanks,
Katrina DiGiovanniPlanning ClerkTown of Amherstburg3295 Meloche Rd., Amherstburg, ON, N9V 2Y8Tel: 519-736-5408 x2134 Fax: 519-736-9859 TTY: 519-736-9860
512 Sandwich St. South, Amherstburg, ON, N9V 3R2Tel: 519-736-3664 Fax: 519-736-7080 TTY: 519-736-9860
The information in this e-mail is confidential, privileged and is subject to copyright and authorized solely for the addressee(s) named. TheTown of Amherstburg is not responsible for any loss or damage arising from the use of this email or attachments.
From: Katrina DiGiovanni Sent: July-15-19 10:28 AMTo: Angelo Avolio; Antonietta Giofu; Bruce Montone; Elke Leblanc; Giovanni (John) Miceli; LynetteSharon; Michael Naccarato; Michelle Lavin-Faucher; Paul Acton; Paula Parker; Rob Unis; Ron Meloche;Shane McVitty; Todd HewittSubject: Notice of Circulation B-22-19 (22/24 Shaw Dr) Good Morning, Please find attached the Notice of Circulation for a technical severance at 22/24 Shaw Drive. Pleaseprovide comment by July 22, 2019. Thanks,
Katrina DiGiovanniPlanning ClerkTown of Amherstburg