THE CORPORATION OF THE MUNICIPALITY OF COMMITTEE OF ADJUSTMENT AGENDA

Meeting# 10-2016

Date: Wednesday, October 26, 2016 Time: 7:00 p.m. Location: Thedford Village Complex

Pages

1. Declaration of Pecuniary or Conflict of Interest

2. Minutes to be Approved

2.1 Meeting held August 24, 2016 1 - 7

2.2 Meeting held September 28, 2016 8 - 13

3. Delegations/Time Allocations

3.1 7:05 p.m. - Brent and Denise Cremers - Consent Application B- 15/2016

3.1.1 Application for Consent 14 - 21 3.1.2 Notice of Hearing 22 - 24 3.1.3 Planning Report 25 - 26

3.2 7:05 p.m. - Marianne Traub - Application for Permission A- 15/2016

3.2.1 Application for Permission 27 - 31 3.2.2 Notice of Hearing 32 - 34 3.2.3 Planning Report 35 - 37

4. Other Business

5. Adjourn MUNICIPALITY OF LAMBTON SHORES Page 1 COMMITTEE OF ADJUSTMENT- August 24, 2016

Meeting of Committee of Adjustment 08-2016

Date and Time of Meeting Wednesday, August 24, 2016 @ 7:00 p.m.

Place of Meeting Thedford Village Complex

Members Present: Jean Dorey Ian Fleming Mac Gilpin Bill Gordon Diane Hales Steve Robinson Jeff Wilcox

Staff Present: Jackie Mason, Deputy Secretary

Chairman Robinson called the meeting order.

Chairman Robinson asked if any members wished to declare a conflict of pecuniary interest, and none were declared.

16-0824-01 Moved by J. Dorey Seconded by B. Gordon That the minutes of the May 25, 2016 meeting of the Committee of Adjustment be accepted as presented. Carried.

16-0824-02 Moved by D. Hales Seconded by I. Fleming That the minutes of the June 22, 2016 meeting of the Committee of Adjustment be accepted as presented. Carried.

7:05 P.M. DELEGATION: MICHAEL VANOS – MINOR VARIANCE APPLICATION – A-09/2016

The Applicant submitted a minor variance application for the property located at 8580 Townsend Line, Arkona, requesting approval to permit a total lot coverage for all detached accessory buildings of 144 m2 whereas Section 3.3.4 of Zoning By-law 1 of 2003 permits a maximum lot coverage of 93 m2. The existing 74.32 m2 accessory building is currently being used by the adjacent golf course, also owned by the Applicant. Mr. Vanos is requesting permission to construct a 69.68 m2 detached accessory building (garage) for his personal use.

A report received from Patti Richardson recommended that Variance Application A- 09/2016, as submitted by Michael Vanos, affecting lands known as 8580 Townsend Line, Arkona, requesting a variance from the provisions of Zoning By-law 1 of 2003 to permit a 69.68 m² detached accessory building (garage) to be constructed on the lands that will result in a total accessory building lot coverage of 144 m² be

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APPROVED, as the variance requested is minor in nature, is in keeping with the purpose and intent of the official plan and zoning by-law and is appropriate for the orderly development of the lands.

The Applicant was not present but had previously sent his regrets.

As there were no questions or concerns raised by the Committee or the audience, the following motion was passed:

16-0824-03 Moved by J. Wilcox Seconded by M. Gilpin That Variance Application A-09/2016, as submitted by Michael Vanos, affecting lands known as 8580 Townsend Line, Arkona, requesting a variance from the provisions of Zoning By-law 1 of 2003 to permit a 69.68 m² detached accessory building (garage) to be constructed on the lands that will result in a total accessory building lot coverage of 144 m² be APPROVED, as the variance requested is minor in nature, is in keeping with the purpose and intent of the official plan and zoning by-law and is appropriate for the orderly development of the lands. Carried.

7:05 P.M. DELEGATION: 493634 LIMITED C/O ADRIAN AND JANE ROMBOUTS – CONSENT APPLICATION – B-11/2016 & MINOR VARIANCE APPLICATION A-10/2016

Mr. Philip Walden submitted an application for consent as agent for 493634 Ontario Limited c/o Adrian and Jane Rombouts, requesting permission to sever a 9.063 hectare (22.395 acre) parcel of land from Part Lot 21, Concession 6, municipally known as 8957 Northville Road. The proposed severed parcel is occupied by the existing horse and riding facility and accessory dwelling. The retained parcel will have a total lot area of 28.657 hectares (75.745 acres).

The Applicant also requested a minor variance from the provisions of Zoning By-law 1 of 2003, Section 5.1 a) i) as the requested severance if approved, would create a severed parcel with a lot area of 9.063 hectares and a retained parcel with a total lot area of 28.657 hectares whereas the Agricultural 1 Zone minimum lot area of 38 hectares.

A report received from Senior Planner, Patti Richardson, recommended that Consent Application B-11/2016 as submitted by 493634 Ontario Limited (Adrian and Jane Rombouts), affecting lands known as 8957 Northville Road, requesting permission to sever a 9.063 hectare farm parcel supporting an existing horse boarding and riding facility, from the east side of the balance of the property be APPROVED, subject to the following conditions:

1. That the Owner submits to the Municipality, two copies of a reference plan showing the severed lot or submit a written description which is acceptable to the County of Lambton Registrar.

2 MUNICIPALITY OF LAMBTON SHORES Page 3 COMMITTEE OF ADJUSTMENT- August 24, 2016

2. That the Owner satisfy the Municipality of Lambton Shores with respect to the payment of cash-in-lieu of parkland dedication which shall be $750.

3. That the Owner satisfy the Municipality of Lambton Shores with respect to the payment of rural watermain charges on the proposed retained farm parcel, if applicable.

4 That Variance Application A-10/2016 become final and binding.

Ms. Richardson also recommended that Variance Application A-10/2016, requesting a variance from the provisions of Zoning By-law 1 of 2003 to permit the proposed new severed lot of Consent Application B-11/2016 to have a lot area of 9.063 acres and the proposed retained lot of Consent Application B-11/2016 to have a lot area of 28.657 hectares be APPROVED, as the variances requested are minor in nature, are in keeping with the purpose and intent of the official plan and zoning by-law and are appropriate for the orderly development of the lands.

Mr. & Mrs. Rombouts were present with their Agent, Philip Walden, who stated that any potential purchasers want the farm land only, not the dwelling or riding stableswhich is the reason for these applications. Mr. Walden also stated that the he would be contacting the County of Lambton with regard to the Northville Road widening allowance.

As there were no questions or concerns raised by the Committee or the audience, the following motion was passed:

16-0824-04 Moved by M. Gilpin Seconded by D. Hales That Consent Application B-11/2016 as submitted by 493634 Ontario Limited (Adrian and Jane Rombouts), affecting lands known as 8957 Northville Road, requesting permission to sever a 9.063 hectare farm parcel supporting an existing horse boarding and riding facility, from the east side of the balance of the property be APPROVED, subject to the following conditions:

1. That the Owner submits to the Municipality, two copies of a reference plan showing the severed lot or submit a written description which is acceptable to the County of Lambton Registrar.

2. That the Owner satisfy the Municipality of Lambton Shores with respect to the payment of cash-in-lieu of parkland dedication which shall be $750.

3. That the Owner satisfy the Municipality of Lambton Shores with respect to the payment of rural watermain charges on the proposed retained farm parcel, if applicable.

4 That Variance Application A-10/2016 become final and binding.

3 MUNICIPALITY OF LAMBTON SHORES Page 4 COMMITTEE OF ADJUSTMENT- August 24, 2016

16-0824-05 Moved by M. Gilpin Seconded by D. Hales That Variance Application A-10/2016, as submitted by 493634 Ontario Limited (Adrian and Jane Rombouts), affecting lands known as 8957 Northville Road, requesting a variance from the provisions of Zoning By-law 1 of 2003 to permit the proposed new severed lot of Consent Application B-11/2016 to have a lot area of 9.063 acres and the proposed retained lot of Consent Application B- 11/2016 to have a lot area of 28.657 hectares be APPROVED, as the variances requested are minor in nature, are in keeping with the purpose and intent of the official plan and zoning by-law and are appropriate for the orderly development of the lands. Carried.

7:05 P.M. DELEGATION: TERRY GUEST, AGENT FOR MARRICK HOLDINGS CORP. – CONSENT APPLICATION – B-12 & 13/2016

Mr. Guest presented two applications for consent on behalf of Marrick Holdings Corp. Application B-12/2016 requested the following: 1. permission to sever the west 5.962 metres of Part 4 on Plan 25R8377, known municipally as 43 Lakeside Circle, and convey it to and merge it with the adjacent lands to the west, known as Lot 22, Plan 4 owned by Terry and Kim Guest (Yellow section on the attached map); 2. permission to create a vehicular and pedestrian easement over Part 2, Plan 25R8377 in favour of the severed lands and Lot 22, Plan 4, owned by Terry and Kim Guest (purple section on the attached map). This application will simply adjust the lot line between Lot 22 Plan 4 and Part 4 Plan 25R8377. No new lots will be created; and

Application B-13/2016, requested the following: 1. permission to sever the west 2.988 metres of Part 3 Plan 25R8377 and convey it to and merge it with the lands to the west, described as Part 4 Plan 25R8377 (Yellow section on the attached map); 2. permission to create a vehicular and pedestrian easement over the proposed severed parcel, in favour of Part 3 Plan 25R8377 (Orange section on the attached map); 3. permission to create a vehicular and pedestrian easement over part of Part 3 in favour of Part 4 (Green section on the attached map); 4. permission to create a vehicular and pedestrian easement over the west 5.962 metres of Part 1, in favour of the west 5.962 metres of Part 4 and Lot 22, Plan 4 (Purple section on the attached map). This application will again, simply adjust the lot lines between Parts 3 & 4, Plan 25R8377. No new lots will be created.

Correspondence received from Senior Planner, Patti Richardson, recommended the following:

That Consent Application B-12/2016, as submitted by Marrick Holdings Corp., requesting: a) permission to sever the west 2.98 metres of PART 3, PLAN 25R8377 and

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convey it to and merge it with the lands to the west described as PART 4, PLAN 25R837; b) permission to create a vehicular and pedestrian easement over the north part of the severed lands in favour of the retained lands described as part of PART 3, PLAN 25R8377; c) permission to create a vehicular and pedestrian easement over the north part of PART 3, PLAN 25R8377 in favour of PART 4, PLAN 25R8377 and severed lands: and d) permission to create a vehicular and pedestrian easement over the west 5.962 metres of PART 1, PLAN 25R8377 in favour of the west 5.962 metres of PART 4, PLAN 25R8377 and Lot 22, Registered Plan 4 (GB); be APPROVED, subject to the following conditions:

1. That the Owner submits to the Municipality, two copies of a reference plan showing the severed and retained parcels or submit a written description which is acceptable to the County of Lambton Registrar.

That Consent Application B-13/2016 as submitted by Marrick Holdings Corp., requesting:

a) permission to sever the west 5.962 metres of PART 4, PLAN 25R8377 and convey it to and merge it with lands to the west known as Lot 22, Registered Plan 4 (GB); and b) permission to create a vehicular and pedestrian easement over PART 2, PLAN 25R8377 in favour of Lot 22, Registered Plan 4; be APPROVED, subject to the following conditions:

1. That the owner submits to the Municipality two copies of a reference plan showing the severed and retained parcels. 2. That Lot 22, Registered Plan 4 (GB) be deemed not to be a lot in a Plan of Subdivision.

Mr. Guest was present in support of these applications and to answer any questions the Committee might have.

As there were no questions or concerns raised by the Committee or audience, the following motion was passed:

16-0824-06 Moved by J Dorey Seconded by I. Fleming That Consent Application B-12/2016, as submitted by Marrick Holdings Corp., requesting: a) permission to sever the west 2.98 metres of PART 3, PLAN 25R8377 and convey it to and merge it with the lands to the west described as PART 4, PLAN 25R837; b) permission to create a vehicular and pedestrian easement over the north part of the severed lands in favour of the retained lands

5 MUNICIPALITY OF LAMBTON SHORES Page 6 COMMITTEE OF ADJUSTMENT- August 24, 2016

described as part of PART 3, PLAN 25R8377; c) permission to create a vehicular and pedestrian easement over the north part of PART 3, PLAN 25R8377 in favour of PART 4, PLAN 25R8377 and severed lands: and d) permission to create a vehicular and pedestrian easement over the west 5.962 metres of PART 1, PLAN 25R8377 in favour of the west 5.962 metres of PART 4, PLAN 25R8377 and Lot 22, Registered Plan 4 (GB); be APPROVED, subject to the following conditions:

1. That the Owner submits to the Municipality, two copies of a reference plan showing the severed and retained parcels or submit a written description which is acceptable to the County of Lambton Registrar.

That Consent Application B-13/2016 as submitted by Marrick Holdings Corp., requesting: a) permission to sever the west 5.962 metres of PART 4, PLAN 25R8377 and convey it to and merge it with lands to the west known as Lot 22, Registered Plan 4 (GB); and b) permission to create a vehicular and pedestrian easement over PART 2, PLAN 25R8377 in favour of Lot 22, Registered Plan 4; be APPROVED, subject to the following conditions:

1. That the owner submits to the Municipality two copies of a reference plan showing the severed and retained parcels. 2. That Lot 22, Registered Plan 4 (GB) be deemed not to be a lot in a Plan of Subdivision. Carried.

7:05 P.M. DELEGATION: UNITED CHURCH – MINOR VARIANCE APPLICATION – A-11/2016

A minor variance application was submitted for property known as Lots 68 and 69, Plan 24, 25 Main Street, Grand Bend, Lambton Shores requesting approval to permit a 6.4 metre by 15.6 metre, 2 storey addition to be constructed onto the rear of the existing church that will provide:

a) a 1.52 metre west interior side yard whereas the By-law requires that 6 metres be provided; b) 0 parking spaces whereas the By-law would require 3 parking spaces be provided; c) a 1.5 metre wide landscaped buffer strip along the west lot line where the lot abuts a residential use whereas the By-law requires a 3 metre wide landscaped strip; and d) a 5.3 meter east exterior side yard whereas the By-law requires that 6 metres be provided.

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A report received from Patti Richardson, recommended that this application be APPROVED, as the variances requested are minor in nature, are in keeping with the purpose and intent of the Official Plan and Zoning By-law and are appropriate for the orderly development of the lands, subject to:

1. The Owner paying cash-in-lieu of parking for 3 parking spaces.

Mr. Dan Gill and Mr. Bob Illman were present in support of this application and gave a brief overview of the variance being requested.

As there were no questions raised by the Committee or the audience, the following motion was passed:

16-0824-07 Moved by J. Wilcox Seconded by B. Gordon That Variance Application A-11/2016, submitted by the United Church of , affecting lands known as 25 Main Street West, in Grand Bend, requesting minor variances from the provisions of Zoning By-law 1 of 2003 to allow a 6.4 mete by 15.6 metre, two storey addition to be constructed onto the rear of the existing church, which will provide: a) a 1.62 metre west interior side yard; and b) 0 new parking spaces; c) 1.5 metre wide landscaped strip along the west property line; and d) a 5.3 metre east exterior side yard; be APPROVED, as the variances requested are minor in nature, are in keeping with the purpose and intent of the Official Plan and Zoning By-law and are appropriate for the orderly development of the lands, subject to:

1. The Owner paying cash-in-lieu of parking for 3 parking spaces.

16-0824-08 Moved by D. Hales That the meeting adjourn at 7:40 p.m. Carried.

Chair – Steve Robinson

Deputy Secretary – Jackie Mason

7 MUNICIPALITY OF LAMBTON SHORES Page 1 COMMITTEE OF ADJUSTMENT- September 28, 2016

Meeting of Committee of Adjustment 09-2016

Date and Time of Meeting Wednesday, September 28, 2016 @ 7:00 p.m.

Place of Meeting Thedford Village Complex

Members Present: Jean Dorey Ian Fleming Mac Gilpin Bill Gordon Diane Hales Steve Robinson Jeff Wilcox

Staff Present: Jackie Mason, Deputy Secretary

Chairman Robinson called the meeting order.

Chairman Robinson asked if any members wished to declare a conflict of pecuniary interest, and none were declared.

16-0928-01 Moved by J. Dorey Seconded by B. Gordon That the minutes of the July 27, 2016 meeting of the Committee of Adjustment be accepted as amended. Carried.

7:05 P.M. DELEGATION: PHILIP AND MARILYN MCCANDLESS – CONSENT APPLICATION – B-14/2016

Philip Walden, Agent for the Applicant submitted a minor variance application for the property located at 205 Pearl Street, Thedford, are requesting permission to sever the south 4.05 metres (13.29 feet) of the property and convey it to the abutting property to the south, known as 201 Pearl Street, and owned by John and Cheryl Gillard. This conveyance of land will result in an existing garage constructed on the common lot line to be situated entirely on the lands, including the required setback, that are owned by Mr. and Mrs. Gillard and known as 201 Pearl Street.

A report received from Patti Richardson recommended that Consent Application B- 14/2016 be APPROVED, subject to the following conditions:

1. That the Owner submits to the Municipality, two copies of a reference plan showing the severed lot or submit a written description which is acceptable to the County of Lambton Registrar.

2. That the severed lands be consolidated with and conveyed in the same name and interest as the adjacent lands abutting to the south known as 201 Pearl Street, Thedford, subject to Section 3 or 5 of Section 50 of The Planning Act,

8 MUNICIPALITY OF LAMBTON SHORES Page 2 COMMITTEE OF ADJUSTMENT- September 28, 2016

R.S.O. 1990, applying to any subsequent transactions involving the severed parcel.

3. That all municipal taxes and local improvements including interest and penalties thereon that are owing and payable with respect the lands being severed and the lands from which they are being severed, be paid to date.

Mr. Walden and Mr. and Mrs. Gillard were present in spuuort of this application and gave a brief history of the properties in question.

As there were no questions or concerns raised by the Committee or the audience, the following motion was passed:

16-0928-02 Moved by J. Wilcox Seconded by D. Hales That Consent Application B-14/2016, requesting permission to sever the south 4.05 metres of the lands known as 205 Pearl Street in Thedford and convey the lands to the abutting property to the south, known as 201 Pearl Street and owned by John and Cheryl Gilliard, to be merged with that lot be APPROVED, subject to the following conditions:

1. That the Owner submits to the Municipality, two copies of a reference plan showing the severed lot or submit a written description which is acceptable to the County of Lambton Registrar. 2. That the severed lands be consolidated with and conveyed in the same name and interest as the adjacent lands abutting to the south known as 201 Pearl Street, Thedford, subject to Section 3 or 5 of Section 50 of The Planning Act, R.S.O. 1990, applying to any subsequent transactions involving the severed parcel. 3. That all municipal taxes and local improvements including interest and penalties thereon that are owing and payable with respect the lands being severed and the lands from which they are being severed, be paid to date. Carried.

7:05 P.M. DELEGATION: MYERS – MINOR VARIANCE APPLICATION – A- 08/2016

Mr. Steve Sims from the Barnswallow Company submitted a REVISED minor variance application on behalf of the Myers, for property known as Concession LRW, Part Lot 8, Plan 680, Part 1, 9916 Huron Drive, Grand Bend, requesting approval to permit a 82.96 m2 two storey detached accessory building (garage) to be constructed in the front yard that will have a height of 7.16 metres whereas Zoning By-law 1 of 2003 permits a maximum height of 6.1 metres. The original application requested a height of 8.63 metres. The second storey is proposed to be used as a personal art studio.

9 MUNICIPALITY OF LAMBTON SHORES Page 3 COMMITTEE OF ADJUSTMENT- September 28, 2016

A report received from Senior Planner, Patti Richardson, recommended that Revised Variance Application A-08/2016, as submitted by Leslie and Peter Myers, be APPROVED as the variance requested is minor in nature, is in keeping with the purpose and intent of the Zoning By-law and is appropriate for the orderly development of the lands, subject to approval of the ABCA being obtained, if required.

Mr. Sims was present to answer any questions the Committee may have.

As there were no questions or concerns raised by the Committee or the audience, the following motion was passed:

16-0928-03 Moved by M. Gilpin Seconded by B. Gordon That Revised Variance Application A-08/2016, as submitted by Leslie and Peter Myers, respecting lands known as 9916 Huron Drive, Grand Bend requesting a variance from the provisions of Zoning By-law 1 of 2003 to permit a 82.96 m², two storey, detached accessory building proposed to be constructed in the front yard to provide a height of 7.16 metres be APPROVED as the variance requested is minor in nature, is in keeping with the purpose and intent of the Zoning By-law and is appropriate for the orderly development of the lands, subject to approval of the ABCA being obtained, if required. Carried.

7:05 P.M. DELEGATION: SCOTT PYM, AGENT FOR 2366021 ONTARIO INC. – MINOR VRIANCE APPLICATION – A-12/2016

Mr. Pym submitted a minor variance application for property known as Concession LRE, Part Lot 4, RP25R2191 Part 1 and RP25R4683 Parts 1 to 4, 252 Ontario Street South, Grand Bend, requesting approval to permit a 140.13 m2 second storey addition to be constructed onto an existing accessory building (garage) that is being converted into a single detached residential dwelling. The current setback of 1.24 metres was in keeping with the required setback for an accessory building, however, the setback required for both the converted existing building and the proposed second floor addition is 2 metres, therefore a minor variance is required.

Senior Planner, Patti Richardson, recommended that this application be APPROVED, as the variance requested is minor in nature, is in keeping with the purpose and intent of the official plan and zoning by-law and is appropriate for the orderly development of the lands, subject to approval of the ABCA being obtained, if required.

Mr. and Mrs. Pym were present in support of this application and stated that the asthetics of what is being proposed would be more eye pleasing.

As there were no questions or concerns raised by the Committee or audience, the following motion was passed:

10 MUNICIPALITY OF LAMBTON SHORES Page 4 COMMITTEE OF ADJUSTMENT- September 28, 2016

16-0928-05 Moved by J. Wilcox Seconded by D. Hales That Variance Application A-12/2016, as submitted by 2366021 Ontario Inc., affecting lands known as 252 Ontario Street South, Grand Bend, requesting a variance from the provisions of Zoning By-law 1 of 2003 to permit a 140 m² second storey addition to be constructed onto an existing accessory building (garage) that is being converted to a single detached residential dwelling, be APPROVED, as the variance requested is minor in nature, is in keeping with the purpose and intent of the official plan and zoning by-law and is appropriate for the orderly development of the lands, subject to approval of the ABCA being obtained, if required. Carried.

7:05 P.M. DELEGATION: 1579188 ONTARIO LTD. (SAM KARAMOUTZOS) – MINOR VARIANCE APPLICATION – A-13/2016

Mr. Bill Katsois, Agent for the Applicant requested approval of minor variances from the provisions of Zoning By-law 1 of 2003, for property known as Pan 24, Part Lot 405, Grand Bend,to permit a new three story combined commercial residential building to be constructed. The new building will be comprised of a ground floor restaurant and 7 new residential units on the second and third floors. In addition, the building will have a roof top patio and gazebo. In order for the building to be constructed as proposed, minor variances are required to allow: a) the building to have a maximum height of 15.62 metres, which is comprised of a three storey building with a height of 12.54 metres and a roof top gazebo with a height of 3.08 whereas the By-law permits a maximum height of 10 metres; and b) the new restaurant with a floor area accessible to the public of 364 m² to provide 1 onsite parking space whereas the By-law requires that an additional 27 parking spaces be provided. The subject lands were occupied by a restaurant/retail store and was previously allocated a parking credit of 64 parking spaces. In total the new restaurant is required to provide 91 parking spaces.

A recommendation received from Senior Planner, Patti Richardson stated that this application be APPROVED, as the variances requested are minor in nature, are in keeping with the purpose and intent of the Official Plan and Zoning By-law and are appropriate for the orderly development of the lands, subject to:

1. The Owner paying cash-in-lieu of parking for 27 parking spaces; and

2. The gazebo being constructed as per the plans attached to the application.

Bill Katsios and Sam & Valante Karamoutzos were all present in support of this application. Mr. Katsios gave a brief history of the property, stating that Mr. Karamoutzos is helping to revitalize down towm Grand Bend. Mr. Katsios also

11 MUNICIPALITY OF LAMBTON SHORES Page 5 COMMITTEE OF ADJUSTMENT- September 28, 2016 stated that a decision has not yet been made as to whether the residential units will be condominiums or apartments.

Ms. Brenda Murphy was present to state her objection to this application as it will impact her view from Unit 702, 9 Pine Street, Grand Bend.

As there were no questions raised by the Committee or the audience, the following motion was passed:

16-0928-06 Moved by M. Gilpin Seconded by D. Hales That Variance Application A-13/2016, submitted by 157918 Ontario Limited, affecting lands known as 83 Main Street West, in Grand Bend, requesting minor variances from the provisions of Zoning By-law 1 of 2003 to permit a new three storey combined commercial/residential building which is comprised of a ground floor restaurant, a total of 7 new residential units on the second and third floors and a roof top patio and gazebo which will provide: a) maximum building height of 15.62 metres, which is comprised of a three storey building with a height of 12.54 metres and a roof top gazebo with a height of 3.08 metre; and b) a new restaurant with a floor area accessible to the public of 364 m² to provide 1 onsite parking space be APPROVED, as the variances requested are minor in nature, are in keeping with the purpose and intent of the Official Plan and Zoning By-law and are appropriate for the orderly development of the lands, subject to:

1. The Owner paying cash-in-lieu of parking for 27 parking spaces; and 2. The gazebo being constructed as per the plans attached to the application.

7:05 P.M. DELEGATION: CHRIST CHURCH ANGLICAN – MINOR VARIANCE APPLICATION – A-14/2016

The Applicant is requesting approval of a minor variance from the provisions of Zoning By-law 1 of 2003 for property known as Plan 3, Lot 5, Part Lots 3 & 4, RP25R8664 Part 1, 20 Main Street South, Forest, to permit a barrier free addition to be constructed onto the front of the existing church. The access ramp to the addition is proposed to project into the required 3 metre landscaped buffer strip, reducing the width of the buffer strip to 2.4 metres.

A report received from Patti Richardson, recommended that this application be APPROVED, as the variance requested is minor in nature, is in keeping with the purpose and intent of the Official Plan and Zoning By-law and is appropriate for the orderly development of the lands, subject to:

12 MUNICIPALITY OF LAMBTON SHORES Page 6 COMMITTEE OF ADJUSTMENT- September 28, 2016

1. The Owner submitting to the satisfaction of the Municipality, a plan showing an enhanced landscape strip which shall be installed prior to occupancy of the new addition.

A letter of objection was received from Sydney Little, Owner of the adjactent property to the north, which stated her concerns with the sewer line that services her property being on the subject lands.

Mrs. Ruth Butt and Mr. Bill Thompson were present in support of this application and stated that these renovations are needed and much over due.

As there were no other concerns raised by the Committee or audience, the following motion was passed:

16-0928-07 Moved by D. Hales Seconded by I. Fleming That Variance Application A-14/2016, submitted by the Christ Church Anglican affecting lands known as 20 Main Street South, in Forest, requesting minor variances from the provisions of Zoning By-law 1 of 2003 to reduce the landscaped buffer strip width along the north boundary of the church in the existing front yard to 2.4 metres in order to allow a handicap access ramp to be constructed as part of a new entrance addition to the Church, be APPROVED, as the variance requested is minor in nature, is in keeping with the purpose and intent of the Official Plan and Zoning By-law and is appropriate for the orderly development of the lands, subject to:

1. The Owner submitting to the satisfaction of the Municipality, a plan showing an enhanced landscape strip which shall be installed prior to occupancy of the new addition. Carried.

16-0928-08 Moved by J. Dorey That the meeting adjourn at 7:45 p.m. Carried.

Chair – Steve Robinson

Deputy Secretary – Jackie Mason

13 WALDEN & WALDEN Barristers, Solicitors& Notaries Public'

Parkhill Branch Office Forest Branch Office J. Philip Walden . C. B.A. LL.B. 165 King Street 30 Street, West King Parkhill Gazette Bldg. Forest, Ontario De ck P.N. Walden*, Hons. B.Com., LL.B. Parkhill, Ontario Telephone:( 519) 786- 2522 Also a Member of Alberta Bar Telephone:( 519) 294- 6831

96 Victoria Street, Box 121 Thedford, Ontario, NOM 2N0

Tel: ( 519) 296-4951 Fax: ( 519) 296-4497

PLEASE RESPOND TO OUR THEDFORD OFFICE

Thedford, Ontario. September 29, 2016

Municipality of Lambton Shores P. O. Box 610 Forest, Ontario NON 1J0

ATTENTION: Jackie Mason

Dear Madam:

RE: Brent John Cremers and Denise Marie Cremers Application for Consent Part Lot 25, Concession B, Plan 7, Bosanquet Municipality of Lambton Shores

I have been asked by Brent John Cremers and Denise Marie Cremers to submit the enclosed severance application in order to correct an error in a previous conveyance wherein the title to Part 28, RD153 was in error included in a conveyance in favour of Brent John Cremers and Denise Marie Cremers. The title to Part 28, RD163 should have remained exclusively in the ownership of John Jacobus Cremers on which Mr. Cremers Sr. is building a new home. The lands in Part 28, RD163 are currently occupied by a new single family home and the deed title needs to be corrected to show that Brent John Cremers and Denise Marie Cremers have no interest in this land whatsoever. The lands retained by Brent John Cremers and Denise Marie Cremers are Parts 29 and 30 on RD163 on which is located their single family home and new detached garage. I enclose the application along with mapping to explain this application.

Y. rs trul ,

JPW: cmk p Wal• Encl.

14 4 ARk . aiciThe Mun p ality of Lam-bton Shores .

APPLICATION FOR CONSENT

NAME OF AGENT (if the applicant is an agent authorized by the Owner) NA OF OWNER •

o O Ci i 2211(<1.-- e- e ADDRESS ADS'

4.

Li' iA

fre'/ /; v . TELEPHONE TELEPHONE 37 I -09 5r FAX OR EMAIL FAX OR EMAIL

TYPE- PURPOSE of the proposed transaction such as a transfer for the creation of:

lease - _ correction of title easement • _ change ew lot lot addition

c4C-. Cliy)44. 1../. 3,•_ gerrrh other ( specify) C.61/ 4L/b

s, o tr f r c arged or leased( if know NAME OF PERSON tow • the I- nd • ifa' inter: i 4- ••

ice _ . L bi/ tet r

yes r, with lands?. Are the severed lots to b; merged any .: butting LEGAL DESCRIPTION of the subject land, including concession and lot numbers, registered plan and lot num.- rs, reference plan and part numbers, name of street and number.. C .„ 4_, . 7/ . 114 ) 5 . /1 . 6 A6, y

a_ ice- v t.,3 . ff `

EASEMENTS- R RICTIVE COVENANT affecting the subject land and a des4tion of each easement or covenant and its effect:

Easement/Covenant: Description i .

Easement/ Covenant: Description

ca Email: administration@lambtonshores. 877- 786- 2335 Fax: 519- 786-2135 ON NON JO Tel: 519- 786-2335 1- PO Box 610, 7883 Arntelecom Pkwy., Forest,

15 iic t 2

b

SHORES OFFICIAL PLAN CURRENT DESIGNATION IN THE LAMBTON t L‘ `• /

CURRENT DESIGNATION IN THE LAM TON SHORES ONIN B'- LAW

PREVIOUS- APPLICATIONS- If known, indicate•if the subject land has ever been the subject of an application under the Planning Act for:

Decision under section 51) File# o Approval of a plan of subdivision(

or condominium

Decision 53) it o Consent( under section

CONCURRENT APPLICATIONS- If known, indicate if the subject land is the subject of any other application under the Planning Act for:

File# Status o Approval of a plan of subdivision

File# Status o Consent I

o Official Plan r File# Status o Zoning by- law

File# Status o Minor variance

File# Status o Other( specify)

PREVIOUS SEVERANCES- ORIGINAL PARCEL- has any land been severed from the parcel originally acquired by owner?

No t o Yes( specify below) 4.ite/ 6

Name of transferee: J, Date of transfer: 7

Land use on the severed land:

16 amendmentStatusImo{^ ,- i

3

LAND TO B

m metric). r- DIMENSIONS OF LAND intended to be severed: ( 8. Li Li 7)1/ t- 1/ Area: Depth: Frontage: • 4/5> 2..-'j'/Z., v r Z021 7 EXISTING USES of the land: t i,. 4,,,,,,J ziA4,-/ ,„

V

on the land, indicate for each: ( in metric) here th- e are buildings or structures EXISTING BUILDINGS_ STRUC RES- any Zv Height in metres: r'1 , nt lot line setb .. TYPE d - I 1 4 ~ j. t- Dimensions: . riji' d: rlot line setbac a L•1 o'LJ Floor area: Z' _ i._ . 9z , e lot line setback: 5c .?'- 1"/ i- Y)Y 1...../v y L. Si• i lot line setback: r/-'/- Afir:,, 11' 1.- 3 - lee,j402.. etelli t , u Height in metres: Front lot line setback: TYPE Dimensions: Rear lot line setback: Floor area: Side lot line setback:

Side lotline setback:

Height in metres: Front lot line setback: Location of existing sewage system jf any l Dimensions: Rear lot line setback: Floor area: d 174( 14/ Side lot line setback:

1101010 Side lot line setback:

Attach additional page if necessary

PROPOSED USES of the land:

PROPOSED BUILDINGS- STRUCTURES- Where any buildings or structures are proposed to be built on the land, indicate for each: in metric)

TYPE Front lot line setback: Dimensions: Rear lot line setback: Floor area: Side lot lin- •- • ack: •

lot line setback:

Height in metres: Front lot line setback: TYPE Dimensions: Rear lot line setback: Floor area: Side lot line setback:

Side lot line setback: .

Attach additional pace if necessary

17 4

ACCESS— Access to the. subject land will be by: o Municipal road— seasonal o Provincial highway

yyyy Right-of-way pnicipal road— year round

Water— provide details o Other public road( specify)

is

WTER will be provided to the subject land by: Privately- owned/ operated individu al well 4 ublicly-owned/ operated piped water system Other means( specify)

SEWAGE DISPOSAL is provided to the subject land by a: rivately owned/ operated individual septic system o Publicly-owned/operated sanitary sewage system Other means( specify) o Privately owned/operated communal septic system Note: If you have a current survey of the subject lands, please submit with this application.

i '

I

18 560.6ca_c/

LAND TO

SeV e metric) DIMENSIONS OF LANDjp beeetefled: ( in i- Area: pq I kn-lfrEpth: 1/ i Fronta g e: 6 0 q 7 EXISTING USES of the land: I. I ci 4--Vr‘ e--24, ' , ' 014. i 00.--- Am' i As/ 1- 1---) 0-( r/ 72"

land, indicate for each: ( in metric) or structures on the STRUCTURES— Where there are any building EXISTING BUILDINGS— i .

Height in metres: Front lot line setback: TYPE . 4110_—., ..... _ I G/ i Dimensions: Rear lot line setback: Floor area: , Side lot line setback: i 4 Side lot line setb nO//

Height in metres: Front lot line setback: TYPE / a 4 i..iA / Dimensions: Rear lot line setback: Floor area: isv Side lot line setback: Side lot line setback: I l

Height in metres:. Front lot line setback: Location of existing sewage system if any / Dimensions: Rear lot line setback: Floor area: Side lot line setback: I Side lot line setback: Attach additional page if necessary

PROPOSED USES OF THE LAND:

PROPOSED BUILDINGS— STRUCTURES— Where any buildings or structures are proposed to be built on the land, indicate for each: in metric)

Height in metres: Front lot line setback: TYPE Dimensions: Rear lot line setback: Floor area: e. lot • e setback:

e lot line setback:

Height in metres: Front lot line setback: TYPE Dimensions: Rear lot lin- -- sack: Floor area: S'• of line setback: •

Side lot line setback:

Attach additional page if necessary.

19 r. 6

ACCESS— Access to the subject land will be by:

t o Municipal road— seasonal o Provincial highway

Right of-way 2unicipal road— year round

Wafer— Provide details Other public road ( specify).

subject land WATER will be provided to the by: J G. II Publicly- owned/ operated piped water system

Other means( specify)

SEWAGE DISPOSAL is provided to the subject land by a:

system Privately owned/operated individual septic system Publicly- owned/ operated sanitary sewage

o Other means( specify) septic system • Privately owned/ operated communal

20 1,1 4

7

t AUTHORIZATION BY OWNER

rKr

I, the undersigned, being the owner of the subject land, hereby authorize

to be the applicant in the submission of this application.

Signature of Owner

I i

Date Signature of Witness

DECLARATION OF APPLICANT

1, of i he Jd144 . .i.,i I,

1 I . I l of j . i in the !/ . - l j I. APA i solemnly declare that:

All the statements contained in this application and provided by me are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect

as if made under oath. t

DECLARED before me at the P / 1 • of A _' 4_ s 1/L a A_' _.&, a+. .. in the Aie _..L..11 f r Signature of Applicant k----- 4 t J/ d. this da ;

1 • f 1 / Lv(/ too ...

Signature of Commissioner, Etc.

21

MUNICIALITY OF LAMBTON SHORES COMMITTEE OF ADJUSTMENT NOTICE OF CONSENT (Severance) HEARING APPLICATION N0 B-15/2016

TAKE NOTICE that an application for consent has been made by Walden & Walden, Agent for Brent & Denise Cremers, for the lands described municipally as 8465 & 8469 Lazy Lane, and legally described as Parts 28, 29 and 30, Plan 25R163. The Applicants are requesting permission to sever Part 28 and convey it to the Applicant’s father. Parts 29 and 30 will be merged together in the Applicant’s name. Please see the attached map.

AND FURTHER TAKE NOTICE that the Committee of Adjustment for the Municipality of Lambton Shores has set Wednesday, October 26, 2016 at approximately 7:05 p.m. for the purpose of a hearing into this matter, at the Thedford Village Complex located at 109 Pearl Street, Thedford, ON, N0M 2N0.

Signed, written submissions regarding the application will be accepted by the Secretary prior to and during the hearing. Additional information regarding the application will be available to the public for inspection at the Lambton Shores Municipal Office, 7883 Amtelecom Parkway, Forest, Ontario NON 1JO from 8:30 a.m. to 4:30 p.m., Monday to Friday or inquires can be made by calling (519)786-2335.

If you wish to be notified of the decision of the Municipality of Lambton Shores Committee of Adjustment in respect of this application, you must submit a written request to the Municipality of Lambton Shores Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Municipality of Lambton Shores Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public.

If a person or public body that files an appeal of a decision of the Municipality of Lambton Shores Committee of Adjustment in respect of the proposed consent does not make written submission to the Committee before it gives, or refuses to give, provisional consent, the Ontario Municipal Board may dismiss the appeal.

It is a requirement of the Planning Act that every owner of land within 60 metres (200’) of the subject land is to be notified of the application. If you are aware of any other person interested or affected by this application who has not received a notice, please advise them of the application.

Dated this 13th day of October, 2016.

______Jackie Mason, Deputy Secretary, Committee of Adjustment

22

23

24 THE MUNCIPALITY OF LAMBTON SHORES

October 19, 2016

TO: Jackie Mason, Deputy Secretary-Treasurer Municipality of Lambton Shores Committee of Adjustment

FROM: Patti L. Richardson Senior Planner

RE: Consent Application B-15/2016 Brent and Denise Cremers 8459 and 8469 Lazy Lane Municipality of Lambton Shores

RECOMDENDATION:

That Consent Application B-15/2016 submitted by Brent and Denise Cremers to sever lands known municipally as 8469 Lazy Lane (Parts 29 and 30, Plan 25R 163) from 8459 Lazy Lane (Part 28, Plan 25R163) be APPROVED. .______

REPORT

The Application

Brent and Denise Cremers have submitted an application for consent which proposes to sever lands known municipally as 8469 Lazy Lane (Parts 29 and 30, Plan 25R 163 from 8459 Lazy Lane (Part 28, Plan 25R163). All of the lots were mistakenly placed in the name of Brent and Denise Cremers in 2015 when Mr. Cremers father, John Cremers conveyed Part 29 to Brent and Denise Cremers.

Discussion

The two lots were originally separate lots, until early in 2015, however the configuration was different in that Part 28 and 29, then owned by John Cremers was one lot and Part 30 owned by Brent and Denise Cremers was one lot. In 2015, John Cremers wanted to convey Part 29 to Brent and Denise Cremers to join with their lot so that they could construct an accessory building. Unfortunately the deed conveyed both Parts 29 and 28 to Brent and Denise Cremers, leaving John Cremers no lot. In August of 2015, Mr John Cremers obtained a building permit to construct a new dwelling on Part 28, a lot he thought he owned. Only recently did Mr. Walden, Mr. Cremers’ solicitor realize the error in ownership.

25 The lots were created by reference plan, prior to Planning Act approval being required. As such the lots do not have the protection of the Planning Act as it relates to them always being separate lots despite adjacent common ownership. Lots created through the subdivision and consent process of the Planning Act, cannot merge with other lots unless:

 In the case of a subdivision (registered plan), Council by by-law deems them not to be lots in a plan of subdivision; or

 For a lot created by consent, the original lot is altered.

The subject lands are designated “Agricultural Constraint” in the Lambton Shores Official Plan and represents a special policy area under the Provincial Policy Statement. This area is prone to flooding and is located within the Thedford-Klondyke floodplain. Due to flooding constraints new residential development is not permitted. Existing non- farm dwellings are recognized.

The subject lands are zoned “Residential 6 (R6)” in the Lambton Shores Zoning By-law. Single detached dwellings are a permitted use in this zone. The R6 zone requires that a lot provide a minimum lot area of 4,000 m² and a lot frontage of 30 metres. The proposed lots do not comply with the minimum lot area requirements of the by-law. Section 3.9.5 of the By-law recognises existing lots with insufficient frontages and areas and allows the lot to be built on. This section applies to the subject lands.

The existing dwelling on Part 28, Plan 25R163, known as 8459 Lazy Lane is serviced by a private septic system and municipal water. The County of Lambton advises that the septic system for the dwelling was installed in 2015 and meets current standards. The existing dwelling on Part 29, Plan 25R163, known as 8469 Lazy Lane is serviced by a private septic system and municipal water. The County of Lambton advises that the septic system for the dwelling was just recently inspected and found to be functioning properly and to current standards.

I have no objection to this application as it is rectifying a recent title transfer mistake. I can therefore recommend approval.

Yours Respectfully,

Patti L. Richardson

26 i ; cTY6i a- P: t S Vic, 7S vs o-. r, I. t p. 1111V:: ib. ate', 1 The:Munici alit. of: Lainbton Shores i

i- tn it a ,::; ki, L. E j L •, 7 i:,,,:,,,,,, t 9 is Y f S r e',,, f,* S. s. 9 t+.. i

A> PLIC ' IIIi \'FC

File No. ' I 51201 b

0 MINOR VARIANCE - s.145 ( 1) MISSION - s.45 ( 2)

f, The undersigned hereby applies tothe Committee of Adjustment for the Hur1tc. vi,t 0 r, h ° 1 n>' under section 45 name of municipality)

of the relief, as described in this application, from law Na. as amended). Planning Act for By- 1 ti2i& r 3 (

NAM/ 7OWNERNAME OF AGENT( If applicant is an agent authorized by the owner)

ilield AW5 Riff(j, '

ADDRESS ADDRESS

iv pip. O 61J7-79RtO r5 6-,ofivof,

TELEPHONE TELEPHONE 519 03 5-

OFFICIA PLAN- crentur designation of the subject land:

C, onrn ercJc( 0

ZONING BY-LAW— current zoning of the subject land:

m192eriveLP 2 Cc2) .

RELIEF— nature and extent of relief from the zoning by-law:

di Oft - 172 G C.cG Je// l//IJJJML./{/ fQ Y b COI) S r(.rf . t hICA (S ' /.: I 710 ct r fi kqi ' non- Co/ 7 47W/ aelaadA if x- er C a ea.0 o , Con-Co m( n v SiSJ 70V" 7- 27 P:O. Box 610, 7883 Amtelecom Parkway, Forest; Ontario NON 1JO Tel• 5 1 A- 7RA- 0.nn , 1•- R77- 7RR- 7nnri Fax: S I A- 7gF- 2:1 nri Rmail: [email protected] 1rIROilZ7ll`PERA 1 1 it 0 2 REASON why theproposed use cannot comply with the provisions of the zoning by-law:

if, Dtmt_Oin: has its-6-ci 3 Mavt9 Vt a s, bci L5 On LO l v d k r) n Com YYl r c ck_O 7c,1t _

LEGAL DESCRIPTION of subject land ( such as the municipality, concession and lot numbers, registered plan and lot numbers, reference plan and part numbe and name of street and number): is 4) 13 bri3r) 1. 0P- ( ) 2c O n- - ir L c 1) -) CY rid

Note see page 6 for details of sketch required.

DIMENSIONS OF LAND affected: Lq 7 ` j 1 Frontage: ' I9 4$ Depth: 4' Area: 51 OSrrZ 3 Ylti I4-1' C o . G5 ACCESS— Access to the subject land is by:

rovincial highway o Municipal road— seasonal

o Municipal road— year round a Right-of-way

o Other public road( specify) Water

WATER ACCESS— Where access to the subject land is by water only:

Docking facilities( specify) Parking facilities( specify)

distance from subject land distance from subject land

distance from nearest public road distance from nearest public road

EXISTING USES of the subject land: LENGTH OF TIME the existing uses of the subject land have continued: E— 511( 9le ( +rt CJ\ CI ijecir5 dL L1v1S

28 S 3 EXISTING BUILDINGS- STRUCTURES–. Where there are any buildings or structures on the subject land, indicate for each:

TYPE ' 5 1Y C k. C to Front lot line setback: C7 pi) Height in metres: 25T0 V du. is'- . Rear lot line setback: J34 ± Dimensions: ( S QL p i DATE CONSTRUCTED 5 fS Side lot line setback: / 2 Floor area:

or ear i 1€ r' Side lot tine setback: ( 3

TYPE Front lot line setback: Height in metres:

Rear lot line setback: Dimensions:

DATE.CONSTRUCTED Side tot line setback: Floor area:

Side lot line setback:

Location of existing sewage system if any Front tot line setback: Height in metres:

Rear lot' line setback: Dimensions:

Side lot line setback: Floor area:

Side tot line setback:

Attach additional page if necessary

PROPOSED USES of the subject land:

a. ccc 6av Q

PROPOSED BUILDINGS– STRUCTURES– Where any buildings or structures are proposed to be built on the land,(indicate for each: r 4-,.— 1. 7 TYPE 2' Cul. Front lot line setback: Height in metres: 15/ l 9 4 62m X Rear lot line setback: Dimensions: 2 5 X 0 1 9)

Side tot line setback: _; Illka Floor area: " SO t I 70 YYt

Side tot tine setback: 2• / M

TYPE• Front lot line setback: Height in metres:

Rear lot line setback: Dimensions:

Side lot line setback: Floor area:

Side lot tine setback:

Location of existingsewage system if any Front lot line setback: Height in metres:

Rear lot line setback: Dimensions:

Side tot line setback: . Floor area:

Side tot line setback:

Attach additional page if necessary

ce tvg DATE- Subject land was acquired by current owner on: %) n aDI S

WATER is provided to,the subject land by:

29 411• 4

ublicly-awned/operated piped water system o Lake or other water body

o Privately- owned/ operated individual well o Other means( specify) o Privately-owned/operated communal well SEWAGE DISPOSAL is provided to the subject land by:

ublicly-owned/ operated sanitary sewage system o Privately owned/operated individual septic system

o Privately owned/ operated communal septic system o Privy o Other means( specify)

STORM DRAINAGE is provided to the subject land by:

W6ewers 0 Ditches 0 Swales Other means( specify)

1 . OTHER APPLICATIONS- If known, indicate if the subject land is the subject of an application under the Act fort

o Approval of a plan of subdivision( under section 51) File# Status o Consent( under section 53) File# Status, o Previous application( under section 45) File# Status

30 411 5

AUTHOR ZA` O I=',Y O'U',,,; ` ,

t, the undersigned, being the owner of the subject land, hereby authorize

to be the applicant in the submission of this application.

Signature of Owner

Signature of Witness Date

DECLARATION OF AE" PU CANT

1, of the of

in the of

solemnly declare that:

All the statements contained in this application and provided by me are true and I make

this solemn declaration conscientiously believing it to be true and knowing that it is of the

same force and effect as if made under oath.

DECLARED before me at the thou C90iiL of LILmb- 5hoTe5 in the b01.1...4.14 of Lairflbittfl

Signature of Applicant SeprieMbeir this " I day of

Signature of Commissioner, etc.

It is required this application be accompanied by a fee of$ in cash or by cheque made payable to the Treasure of the

31

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING TAKE NOTICE THAT AN APPLICATION FOR A MINOR VARIANCE HAS BEEN MADE BY:

Marianne Traub File Number A-15/2016

For property known as Lot 13 Plan 30, 20 Ontario Street North, Grand Bend, Lambton Shores.

TAKE NOTICE that the Applicant is requesting approval to permit a 70 m2 detached accessory building (garage)to be constructed in the rear yard that is accessory to a detached single family dwelling. The dwelling is located within the Commercial 2 Zone which does not permit residences or detached accessory buildings, therefore, this approval would be an extension to a legal non-conforming use.

The Committee of Adjustment for the Municipality of Lambton Shores has appointed Wednesday, October 26, 2016 at approximately 7:05 p.m. for the purpose of a hearing into this matter, at The Thedford Village Complex, located at 109 Pearl Street, Thedford, ON, N0M 2N0.

Signed, written submissions regarding the application will be accepted by the Deputy Secretary prior to and during the hearing. Additional information regarding the application will be available to the public for inspection at the Lambton Shores Municipal Office, 7883 Amtelecom Parkway, Forest, Ontario NON 1JO from 8:30 a.m. to 4:30 p.m., Monday to Friday (519) or inquires can be made by calling (519) 786-2335.

PUBLIC HEARING You are entitled to attend this public hearing in person to express your views about these applications, or you may be represented by counsel for that purpose. If you are aware of any other person interested or affected by this application who has not received a notice, please advise them of the application. Written comments on this application can be forwarded to the Deputy Secretary of the Committee at the Forest address noted above.

FAILURE TO ATTENDTHE HEARING: If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided by the Planning Act, you will not be entitled to any further notice in the proceedings.

NOTICE OF DECISION: If you wish to be notified of the decision of the Municipality of Lambton Shores Committee of Adjustment in respect to the application, you must submit a written request to the Municipality of Lambton Shores Committee of Adjustment. This may also entitle you to be advised of a possible Ontario Municipal Board hearing.

Dated this 17th day of October, 2016.

______Jackie Mason, Deputy Secretary, Committee of Adjustment

32

33

34 THE MUNCIPALITY OF LAMBTON SHORES

October 19, 2016

TO: Jackie Mason, Deputy Secretary-Treasurer Municipality of Lambton Shores Committee of Adjustment

FROM: Patti L. Richardson, Senior Planner

RE: Variance Application A-15/2016 Marianne Traub 20 Ontario Street North, Grand Bend Municipality of Lambton Shores

RECOMMENDATIONS:

That Application A-15/2016, requesting permission under Section 45(2)(a)(i) of the Planning Act to enlarge or extend a legal non-conforming use which is a single detached dwelling by constructing a 70 m² detached building (garage) in the rear yard that is accessory to the existing single detached dwelling on the lot be APPROVED .

REPORT

The Application

An application has been submitted by Marian Traub requesting permission under Section 45(2)(a)(i) of the Planning Act to enlarge or extend a legal non-conforming use which is a single detached dwelling by constructing a 70 m² detached accessory garage.

Discussion

The lands subject of this application are designated “Commercial” in the Lambton Shores Official Plan and Zoned Commercial 2 (C2) in the Lambton Shores Zoning By- law 1 of 2003. Use of the site as a single detached dwelling which is not subordinate or accessory to commercial uses is not permitted by the zone. The detached dwelling on the lands has existed since 1920 and is considered to be legal non-conforming. As such any proposed expansion to a legal non-conforming use requires approval by the Committee of Adjustment under Section 45(2)(a)(i). Section 45(2) states:

In addition to its powers under subsection (1), the Committee, upon any such application,

(a) where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law, may permit,

35 (i) the enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed or a use permitted under subclause (ii) continues until the date of the application to the committee, but no permission may be given to enlarge or extend the building or structure beyond the limits of the land owned and used in connection therewith on the day the by-law was passed.

Section 32.2.2 of the Lambton Shores Official Plan, regarding Non-Conforming uses, states the following:

When dealing with an application for permission to enlarge or expand a non-conforming use, the Committee will consider the following matters: a) has the non-conforming use continued from the date of passing of the Zoning By-law to the date of application to the Committee; b) was the non-conforming use legally established under the laws in force at that time; c) would any enlarged buildings or structures be used for the same purpose as the original buildings or structures were used on the day the By-law was passed; d) would any change of use be similar to the previous use or be more compatible with the uses permitted by the By-law; e) would the intent and purpose of this Plan be affected in any way; f) what impact would the proposal have on the neighbourhood; g) how does the size of the enlarged use compare with the existing use; h) to what degree would any objectionable feature of the use be increased by the proposal; i) is there a possibility of reducing the objectionable features through landscaping or buffering; j) are the required municipal services available and adequate; and k) the adequacy and availability of sanitary sewage, storm water and water services.

I have reviewed this application in light of these policies and find the following.

It appears that the residential use has existed since 1920. Several zoning by-laws and official plans have come into effect since 1920. The use is legal non-conforming and has existed in its current form since 1920. I have no concerns respecting the construction of a detached garage on the property which is accessory to the residential use. The size, location and height of the proposed garage complies with the Zoning By-law regulations respecting accessory buildings in residential zones.

36 I have no objection to the approval of this application.

Yours Respectfully,

Patti L. Richardson

37