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Port Stanley News RSS Feed  News Public Meetings Monday, November 27th, 2017

News

by Doug Harvey
Public Meetings Monday, November 27th, 2017
Photo: Douglas Huber - CEP 59-17 Application for a Minor Variance

The Corporation of the Municipality of Central Elgin

Public Meetings Monday, November 27th, 2017

Committee of Adjustment

1. 6:45 p.m. - COA 22/17 - 42405 Southdale Line

CEP 61-17 Application for a Minor Variance No. 22_17 - Ilija and Mara Prskalo, 42405 Southdale Line

The applicant recently filed a severance application (E60/17) to the Elgin County Land Division Committee (LDC) for the purpose of conveying part of the subject lands to the abutting property to the south, The LDC approved the severance application subject the approval of a minor variance application to bring the retained lot into conformity with the Zoning By-law.

(1) To permit a lot area of 0.52 hectares, whereas Subsection 9.4.1.3 of the Township of Yarmouth Zoning By-law No. 1998, requires a minimum lot area of 0.80 hectares. (2) To permit a lot depth of 95.3 meters whereas Subsection 9.4.1.6 of the Township of Yarmouth Zoning By-law No. 1998, requires a minimum lot depth of 153 meters.

No written submissions were received or anyone from the public had any concerns for this application for a Minor Variance at the Public Hearing. The requested Minor Variance was Granted.

2. 6:55 p.m. - COA 21/17 - 4626 Sunset Road

The applicant is requesting a minor variance to recognize the location of the existing accessory building that was recently constructed 6.65 meters from the front lot line.

To recognize the location of an existing accessory building 6.65 meters from the front lot line, whereas Subsection 9.2.1.7.1(a) of the Township of Southwold Zoning By-Law No. 1677 requires a front yard depth of 19.75 meters on lots fronting upon a Provincial Highway or a County road.

The Public Hearing had one written submission that was received from an adjacent property owner who had concerns that the variance was not minor, questioned accessary use, and stated that the building would be used for the manufacturing of slab wood products. Also concerns for safe access from a busy Provincial highway where speeding is common and requested that MTO conduct an access impact survey.

Harold Winkworth commented that he could not understand how this could happen. Stephen Carr commented how could 13 meters be considered minor. Mr. McCoomb commented that this was considered minor because of the potential impacts of the proposed development on the subject lands and neighbouring properties. We don't think there is any major impact due to where the building is, it is still sufficiently back from the road, allows for parking in front of the building, no encroachment on the road allowance.

Mayor Marr commented that there were mistakes made here, and we will have to find out how this happened. But the bottom line here is that it meets the four tests, and we have to accept this. Harold Winkworth commented that he did not agree with this and could not understand how this could of happened. The bottom line is we have a building sitting there, how did it get built in that location, and I haven't heard a response to that. Deputy Mayor Martyn commented that the applicant got the building permit, had several inspections, and wasn't informed then about any issues of being too close to the road. She thought that it wasn't Mr. Siebenmorgen's fault.

Mr. Perrin commented that the measurements on the plan were measured from the curb and not the property line so that the distance being requested in the variance is not correct. Discussion continued around the room that resulted in a consensus that any decision on this Application for a Minor Variance be deferred until the next planning meeting in December when a more exact measurement on the location of the building from the property line can be provided.

3. 7:05 p.m. - COA 20/17 - 157 St. George Street

CEP 59-17 Application for a Minor Variance No. 20-17 - Douglas and Linda Huber, 157 St. George Street

The applicants are re-constructing a wooden fence around the perimeter of their rear yard, however the partially constructed fence exceeds the Zoning By-laws maximum height regulation of 2 meters.

i) To erected a fence with a maximum yard height of 2.4 meters be erected and used within the rear yard, whereas Subsection 7.2.1.4 (c) of the Township of Yarmouth Zoning By-Law No. 1998, provides that no fence shall be erected or used in a rear yard if the height of any part of the fence exceeds 2 meters.

The Public Hearing had one written submission that was received from an adjacent property owner who had concerns that the fence being constructed was too high and blocked the view. The requested Minor Variance was Granted.

Official Plan & Zoning By-law Amendment

1. 7:15 p.m. - ZBA & OP Amendment - 14020 Belmont Road

Notice of Public Meeting - Official Plan and Zoning Amendment - Belmont Farm Supply - 14020 Belmont Road

The subject lands, which are located on the south side of Don Yeck Park, adjacent to the railway tracks, are approximately 185 metres long with a depth that varies from approximately 37 metres to 55 meters. The lands have approximately 8,559 square meters in area. Currently a part of lands municipally known as 14020 Belmont Road, they may be legally described as being Part of Lot 32, Plan 231, geographic Village of Belmont, now Municipality of Central Elgin.

The applicant is proposing to expand their commercial farm supply business onto the subject lands, including construction of a new 1,233 m2 warehouse and fertilizer blending facility.

The subject lands are located within the "Community Facility" designation in accordance with Schedule "B" - Community of Belmont Land Use Plan, to the Municipality of Central Elgin Official Plan. The Community Facility Policies of the Plan permit indoor and outdoor recreation, leisure, conservation and public works purposes. An official plan amendment is required in order to permit the subject lands to be used for an expansion of the commercial farm supply business.

The subject lands are currently located within the Park Zone (P) of the Village of Belmont Zoning By-law No. 91-21, as amended. The P zone permits park, arenas, ball diamonds, playing fields, playgrounds, picnic facilities, community halls, public buildings, parking areas accessory to the permitted uses, and uses, buildings and structures accessory and incidental thereto. A zoning by-law amendment is required in order to support the expansion of the commercial farm supply business onto the subject lands as proposed by the applicant.

Comments were received concerning the safety of having anhydrous ammonia at the Belmont Farm Supply. Anhydrous ammonia is an efficient and widely used source of nitrogen fertilizer. The applicant reassured Council that all storage and handling safety regulations concerning the fertilizer anhydrous ammonia are being met, exceeded and followed. It was also mentioned that anhydrous ammonia currently represents only 2% of the business, and over time will be phased out of the products being sold at the Belmont Farm Supply.

Mr. Leitch spoke of a deal that was just finalized to sell the land required by Belmont Farm Supply for a market evaluated price of $50,000 for the 2 acres, and some upgrades to the park including a much needed area parking lot.

The Public Meeting was then concluded, and the Actions of Council on the Proposed Official Plan and Zoning Amendments will be considered at a future meeting of Council.


Last Updated: Tuesday, 28 November 2017 11:33:58 AM EST

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