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Port Stanley News RSS Feed  News Public Meetings Planning Applications for Monday, May 28, 2018

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by Doug Harvey
Public Meetings Planning Applications for Monday, May 28, 2018

Public Meetings Planning Applications for Monday, May 28, 2018

Committee of Adjustment

1. 6:00 p.m. - COA 9-18 - Csire, 69 Paul Street

Background: The applicants are proposing to construct a 2.13 metres x 7.16 metres covered porch on the front of the existing residential dwelling.

Requested Variance: To permit the construction of a covered porch a minimum of 6.7 metres from the front lot line, whereas Subsection 9.2.1.7.l{b) of the Township of Yarmouth Zoning By-law No. 1998, as amended requires a minimum front yard setback of 7.5 metres.

Correspondence was received from Cat Creek Conservation Authority indicating they had no objections. The applicants were not in attendance. The requested variance was granted.

2. 6:10 p.m. - COA 8-18, Pedwell, 146 Anita Court

Background: The applicants are proposing to construct a new 4.2 metres x 14.63 metres swimming pool enclosure on the subject lands which will be used to accommodate a swimming pool, unitary equipment (i.e. pump, filter) and amenity space associated with a swimming pool.

Requested Variances:

  • 1. To permit eaves or gutters for an accessory building to project into any required yard a distance of not more than 0.6 metres, whereas Subsection 4.14.1(ii) of the Village of Belmont Zoning By-law No. 91-21 provides that eaves or gutters, for other than an accessory building may project Into any required yard a distance of not more than O.5 metres.
  • 2. To permit unitary equipment within 1.52 metres from a flanking street (Snyders Avenue), whereas Subsection 4.15.1(b) of the Village of Belmont Zoning By-law No. 91-21 requires unitary equipment to be setback a minimum of 1.8 metres from a flanking street.
  • 3. To permit unitary equipment within 1.52 metres from a rear lot line, whereas Subsection 4.15.1(c) of the Village of Belmont Zoning By-law No. 91-21 requires unitary equipment to be setback a minimum of 5.0 metres from a rear lot line.
  • 4. To permit an accessory building 1.52 metres from an exterior lot line, whereas Subsection 5.1.2(c) of the Village of Belmont Zoning By-law No. 91-21 requires an accessory building to be setback a minimum of 6 metres from the exterior lot line.

Correspondence was received from Kettle Creek Conservation Authority indicating they had no objections. Mr. McCoomb commented that the height of the structure was within the height requirements of the By-law, and the size was also within the acceptable lot coverage allowance. The only issue to decide upon was the setback. Objections were received concerning the height, size and location of the structure. Objections were also heard about a restrictive covenant that was created in the development by the builder that restricted lot use to only a single family home with attached garage when the area was developed. Mr. Leitch commented that this covenant was placed on property by the developer, and was not enforced by the Municipality, and was therefore the responsibility of the builder or property owners to enforce any of the restrictive covenants. At this point the people with objections were having a direct conversation with the applicant concerning the height, location, size, and setback of the intended swimming pool enclosure.

Another adjacent owner commented that the swimming pool enclosure would be an eyesore and didn't conform to the existing neighbourhood. There were also concerns about drainage from the pool that Mr. Perrin addressed commenting that the Municipality would ensure that there would not be any adverse effects from drainage to any adjacent property owners. They may also have to change the overall grading plan to their property. Deputy Mayor Martyn also commented that this request meets the four criteria needed for the Committee of Adjustment to grant the requested variances. Mayor Marr also commented that it might benefit all parties involved if the applicant had a friendly discussion with the neighbours involved to try to come up with a plan that would satisfy everyone. The applicant commented that he was open to discussions with the neighbours to address any issues that they may have, and would need time to make any changes to the plans.

The Committee of Adjustment agreed to reconvene at a later date on this request giving the applicant time to modify his plans and to have discussions with the neighbours on a compromise.

3. 6:40 p.m. - COA 7-18 - Leethers, 42973 Sparta Line

Background: The applicants are proposing to replace the existing residential dwelling located on the subject lands with a disability accessible home.

Requested Variance: To permit a front yard depth of 7.79 metres, whereas Subsection 9.2.1.7.1(a) of the Township of Yarmouth Zoning By-Law No. 1998, requires a minimum front yard depth of 19.75 metres on lots fronting upon a Provincial Highway or a County Road.

Correspondence was received from Kettle Creek Conservation Authority indicating they had no objections, and that KCCA staff have meet with the applicant regarding permit requirements. The minor variance was granted.

Zoning By-law Amendment

1. 6:50 p.m. - ZBA - Campbell, 476 West Edith Cavell Blvd.

Background: The subject lands are located on the south side of West Edith Cavell Boulevard, west of its easterly terminus, in the Community of Port Stanley. They may be legally described as Part of Lot 6, Plan 117, Geographic Village of Port Stanley, now Municipality of Central Elgin.

The applicant is proposing to construct a new detached garage with a second storey bunky at the same location as an existing shed on the subject lands. The proposed garage measures 4.877 metres (16 feet) by 8.534 metres (28 feet) with a 1.524 metre (5 foot) overhang on the east side. The second storey of the garage features an open concept studio loft style apartment with one bathroom and a kitchenette.

The subject lands are currently zoned Open Space Zone 3 (OS3) and Dynamic Beach Standard (DBS) as set out in the Village of Port Stanley By-Law 1507. The OS3 zone only permits existing residential uses. The purpose and effect of the proposed zoning by-law amendment is to permit the proposed garage and bunky, and to place site specific regulations on the subject lands to control the use.

Correspondence was received from Kettle Creek Conservation Authority indicating they had no objections, providing that the applicant get a permit from KCCA prior to any development or alteration on the property. The Port Stanley Uprush study indicates that the property is located within the modified regulatory flood standards zone of the 100 year Lake Erie Uprush zone. Construction is permitted subject to the proposed building being constructed in the least hazardous section of the property and that the structure incorporate flood proofing measures to the level of the uprush elevation designed and certified by a professional engineer.

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: Tuesday, 29 May 2018 10:09:56 AM EST

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