The Municipality of Central Elgin
Monday, November 21, 2016
Committee of Adjustment
1. 7:10 p.m. COA 20-16 - 45024 Talbot Line
CEP 71-16 Application for a Minor Variance No. 20_16 - Kory and Kaylie Kuipers,
Concession 9, South Part of Lot 18, 45024 Talbot Line
The applicants are proposing to reconstruct a legal non-complying garage that was
recently destroyed by a house fire. The Zoning By-law permits a legal non-complying
building or structure to be reconstructed that has been partially or completely
destroyed by a fire, subject to the reconstruction not contravening the provisions
of the Zoning By-law, because of a change in height, size or bulk. According to
the applicants the building foot print and setbacks for the new garage will be similar
to the original legal non-complying garage; however it is proposed that the new
garage will include a second storey, containing two bedrooms and a family room,
which is new construction and must conform to the Zoning By-Law.
The Committee of Adjustment voted unanimously to support this Minor Variance Application.
Zoning By-law Amendment
1. 7:20 p.m. - 195 Prospect Street
Notice of Public Meeting - Zoning By-Law Amendment - Low - 195 Prospect Street
The subject lands, which are located on the east side of Prospect Street near its
southerly end, have approximately 15.2 metres of frontage on Edward Street and a
lot area of 826.8m2(0.20 acres). Municipality known as 195 Prospect Street, they
may be legally described as being Part of Lot 1, Concession 1, geographic Township
of Yarmouth, now Municipality of Central Elgin.
The subject lands contain one existing single detached dwelling, which according
to the applicants was built in approximately 1908. It is proposed by the applicants
that the existing dwelling be demolished and a new single detached dwelling be built.
The subject lands are located within the Residential Zone 1 (R1) in accordance with
the Village of Port Stanley Zoning By-law 1507. The R1 zone permits residential
use, institutional uses lawfully existing on the day of passing of the by-law, home
occupations and accessory uses. A zoning by-law amendment is required in order to
establish site specific building envelope for the proposed new dwelling, in accordance
with the recommendations of the applicant's geotechnical engineer.
Issues regarding the location of the building, being on a slope, might cause issues
during new construction with adjacent properties was brought up by Mr. McCoomb.
Finding solutions to this issue would be in place by the investigations of a geotechnical
engineer before any activity would commence, and that a geotechnical engineer would
be on site to inspect all excavations to insure that all work being done, followed
the recommended investigations done by the Geo-technical Engineer. Any issues that
would have an impact on adjacent properties would have a solution that staff would
be satisfied with before this Zoning By-Law Amendment would be brought back to council.
The Public Meeting concluded with a Zoning By-Law Amendment to be considered at
a future Meeting of Council.