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Port Stanley News RSS Feed  News Central Elgin Drains and Planning Applications for Monday, August 26th, 2019

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by Doug Harvey

Central Elgin Drains and Planning Applications for Monday, August 26th, 2019

Public Meeting - Drains

1. Eames Cut-Off Drain

Mark J. Hernandez, P. Eng., Dillon Consulting, was in attendance to present final report on Eames Cut-Off Drain

Background - A public information centre (PIC) meeting was held with stakeholders on June 8, 2017. As there were no revisions based on the discussion at the PIC, the final drainage report was submitted to the Municipality for consideration. However, prior to the meeting to consider the owner of the proposed development and the City of St. Thomas brought forward new information which had a significant impact to the report including:

  • 1. The Lake Margaret wetland received an Environmental Compliance Approval from the Ministry of Environment and Climate Change.
  • 2. Lake Margaret and the Lake Margaret wetland property had been transferred to the City of St. Thomas.
  • 3. The downstream portion of the Eames Drain-Main Drain located within the City of St. Thomas will be considered for abandonment by Council under Section 84(2) of the Drainage Act upon request from the City of St. Thomas. Subsequent to the abandonment, the said portion of drain will be owned and maintained privately by the City of St. Thomas at no expense to the Eames Drain.

As a result of this new information, amendments to the report were requested as follows:

  • 1. The Eames Cut-Off Drain shall now outlet into the Lake Margaret wetland rather than directly into Lake Margaret. This will direct additional flows to the wetland and increase the turnover of water therein.
  • 2. The fore bay for the existing wetland shall be expanded and lined with stone erosion protection.
  • 3. The downstream portion of the Eames Cut-Off Drain located within the City of St. Thomas will be considered for abandonment by Council under Section 84(2) of the Drainage Act upon request from the City of St. Thomas. Subsequent to the abandonment, the said portion of drain will be owned and maintained privately by the City of St. Thomas at no expense to the Eames Cut-Off Drain.

A landowner asked when would they know how much they would be accessed for the modifications to the drain. Payment would be accessed after the work is completed.

The Public Meeting was then concluded, and anyone wishing for further information on the actions of Council regarding the Eames Cut-Off Drain must sign the hearing attendance record.

Committee of Adjustments

1. 11:40 a.m. - COA 18-19 - Cousineau, 336 Canterbury Place

Background - The applicant is proposing to construct a 5.5 metre x 9.20 metre detached garage in the rear yard, substantially as shown on the plans accompanying the application. The minor variance is required to increase the height of the garage by 0.46 metre (1.5 ft.) to facilitate a second storey storage area.

Requested Variances - (i) To permit an accessory building with a maximum height of 4.46 metre, whereas Subsection 5.1.2(b) of the Village of Belmont Zoning By-law No. 91-21 permits a maximum height of 4 metre for an accessory building.

No correspondence was received. No one at the meeting had any questions or objections with this application.

The Requested Variance was granted.

2. 11:50 a.m. - COA 17-19 - Gunning, 8548 Centennial Road

Background - The applicant is proposing to replace the existing legal non complying front porch. A minor variance is required to permit the new porch a minimum of 33.13 ft. from the front lot line.

Requested Variances - (i) To permit a uncovered porch 33.13 ft. from the front lot line, whereas Subsection 8.2.1.7.1 of the Township of Yarmouth Zoning By-Law No. 1998, requires a front yard setback of 65 ft.

Correspondence was received from the Catfish Creek Conservation Authority indicating that they had no concerns with this application. No other correspondence was received and no one at the meeting had any questions or objections with this application.

The Requested Variance was granted.

3. 12:00 noon - COA 16-19 - Smith/Pelhke, 43798 Sparta Line

Background - The applicants are proposing to construct a second storey addition and carport on the easterly side of the existing house, in place of the existing garage. A minor variance is required to permit the addition and carport 27 ft.-6 in from the front lot line which is inline with the front of the existing legal non-complying house.

Requested Variances - (i) To permit a second storey addition and carport 27 ft.-6 in from the front lot line, whereas Subsection 8.2.1.7.1 of the Township of Yarmouth Zoning By-Law No. 1998, requires a front yard setback of 65 ft.

No correspondence was received. No one at the meeting had any questions or objections with this application.

The Requested Variance was granted.

Zoning By-law Amendments

1. 12:10 p.m. - ZBA, McPherson, 6681 Quaker Road

Background - The subject lands, which are located on the west side of Quaker Road and south of Fruit Ridge Line, have approximately 410 metres of frontage on Quaker Road and are approximately 20.79 hectares (51.37 acres) in lot area. Municipally known as 6681 Quaker Road, they may be legally described as Concession 4 Part of Lot 21 and Reference Plan 11 R5196 Part of Part 1, geographic Township of Yarmouth, now Municipality of Central Elgin.

The applicant is proposing to rezone the subject lands to permit the construction of a garden suite. Specifically, the application is to rezone the lands to a site- specific Open Space 1 (OS1) zone to permit the construction of a 92 square metre (990 square foot) garden suite in the edge of a wooded area at 6681 Quaker Road.

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

2. 12:20 p.m. - ZBA, Mullan, 248 Edward Street

Background - The subject lands are located on the south side of Edward Street and are approximately 0.08 hectares (0.19 acres) in lot area. Municipally known as 248 Edward Street, they may be legally described as Lot 7 and Part of Lots 5 and 6, Registered Plan no. 177, geographic Village of Port Stanley, now Municipality of Central Elgin

The subject lands are comprised of two parcels with access to the subject lands occurring by an easement on 193 Prospect Street.

The applicants are proposing to rezone the subject lands to permit the construction of a new residential use to replace the existing cottage. Specifically, the applicant is looking to rezone the lands to permit a new residential dwelling with a westerly side yard setback of 2 metre (6.56 ft.) and to maintain the standard side yard setback of the Port Stanley By-law for the Residential 1 (R1) zone for the eastern side yard. Based on how the land holdings are composed, the amendment would also define the northern limit of the property as the front lot line for the purposes of the zone.

Correspondence was received from the Kettle Creek Conservation Authority indicating that they were satisfied with the Coastal Hazard Assessment Shoreline Plan dated October 10th, 2017 and a KCCA permit will be required prior to construction. Correspondence was also received from Nigel Howcroft who provided a submission in order to satisfy the requirement to be added as party to a hearing of any appeal before the LPAT if that should happen. The applicants engineer indicated that the new residential construction will be approx. 1 metre from the south development limit established in the Coastal Hazard Assessment Shoreline Plan. With respect to the height of the building, the plans are not finalized at this time and the current zoning does allow for a single or a two-story residence. We are not looking for any zoning changes.

The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.

3. 12:30 p.m. - ZBA, Dowler-Karn, 43909 Talbot Line

Background - The subject lands, which are located on the south side of Talbot Line (Highway 3), are currently comprised of two separate parcels of land. The main operation is on lands Municipally known as 43841 Talbot Line, and can be legally described as Concession 8, North of Part Lot 12, Reference Plan 11 R2741 Parts 1-5, geographic Township of Yarmouth, now Municipality of Central Elgin. This property has approximately 140 metres (460 ft.) of frontage on Talbot Line and is approximately 1.96 hectares (4.84 acres) in lot area.

The applicant is proposing to rezone the subject lands to permit the expansion of the existing commercial-industrial. Specifically, facilitate the expansion, a concurrent consent application was submitted to the Elgin County Land division committee (LDC Application No. E40119) to sever approximately 10.46 hectares (25.85 acres) of land from 43909 Talbot Line and merge them with the subject lands. This would permit the expansion of the existing Dowler Karn operation on the subject lands and reflect the commercial - industrial uses at 43909 Talbot Line. In addition, a separate site-specific zone is also required to address the reduced frontage of the retained parcel of land as a result of the severance.

Correspondence was received from the Catfish Creek Conservation Authority indicating that they have approved the flood plain mapping and the proponent has addressed flood plain policies for future development on the site, draining location, draining servicing and other site work has been approved by a CCCA permit issued June 11th, 2019. Other correspondence was received indicating a problem with site outdoor lighting filtering onto an adjacent property.

The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.

4. 12:40 p.m. - ZBA, Unger, 47685 Forsyth Road

Background - The subject lands, which are located on the south side of Forsyth Line, have approximately 55.5 metres (182 ft.) of frontage on Forsyth Line and are approximately 0.38 hectares (0.93 acres) in lot area. Municipally known as 47685 Forsyth Line, they may be legally described as Concession 4, North Part of Lot 28, geographic Township of Yarmouth, now Municipality of Central Elgin.

The applicant is proposing to rezone the subject lands to permit a kennel use. Specifically, the application is to rezone the lands to a site-specific Open Space 1 (OS1) zone to permit an existing converted 16.15 metre (53 ft.) by 2.4 metre (8 ft.) trailer and a 9.4 metre (31 ft.) by 2.4 metre (8 ft.) shed with outdoor fenced areas to be used as a kennel.

Correspondence was received from the Catfish Creek Conservation Authority indicating that they had no concerns with this application.

There were no questions from Council or the public. The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.

5. 12:50 p.m. - ZBA, Pocock, 167 Bartholomew Street

Background - The subject lands, which are located on the east side of Bartholomew Street, have approximately 18.36 metres (60.24 feet) of frontage on Edith Cavell Boulevard West and are approximately 0.16 hectares (0.39 acres) in lot area. Municipally known as 167 Bartholomew Street, they may be legally described as Registered Plan No. 160, Part of Lots 12 and 13, geographic Village of Port Stanley, now Municipality of Central Elgin.

The applicants are proposing to rezone the subject lands to permit the construction of a new residential use. Specifically, the applicant is seeking to demolish the existing detached garage for the purposes of constructing a new detached garage with secondary dwelling unit of the second floor.

Correspondence was received from the Kettle Creek Conservation Authority advising that a permit is required and has already been issued.

There were no questions from Council or the public. The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.


Last Updated: Monday, 26 August 2019 21:34:12 PM EST

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