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Background: - The applicants recently constructed a 3.05 metres x 3.05 metres deck on
the back of the existing building. A minor variance is required to permit the deck
0.716 metres from the rear lot line, whereas the Zoning By-law requires a rear yard depth
of 3 metres. The Business Zone 1 (B1) does not require a rear yard setback except where
a rear yard of a lot abuts a residential zone, in which case the minimum rear yard
depth of the yard that so abuts shall be 3 metres.
Requested Variance: - To recognize the location of an existing deck 0.716 metres
from the rear lot line, whereas Subsection 10.2.1.5 of the Village of Port Stanley
Zoning By-law No. 1507 requires a minimum rear yard depth of 3 metres.
Correspondence was received from an adjacent landowner indicating that there were
privacy issues with the deck as the deck elevation was above the fence looking into
the neighbours yard. Correspondence was received from the Kettle Creek Conservation
Authority indicating that this property was in a regulatory flood plain flood uprush
area which required flood-proofing provisions certified by a professional engineer
requirements. The Kettle Creek Conservation Authority also noted that no permit
was obtained prior to the construction of the deck. A rear door was also added without
a permit to allow for access to the deck. The applicant stated that the deck is
within his property by 2.3 feet from the rear yard and that the actual property
line is on the other side of the fence. During the discussions Councillor Winkworth
suggested a 6 foot privacy screen on the side of the deck that faces the neighbour.
The Requested Variance was granted with the condition that a screen be installed
on the rear deck.
Background: - The applicants are proposing to construct a 21 feet x 30 feet detached
garage on the subject lands, substantially as shown on the plans accompanying the
The applicant stated that an existing concrete pad in this location would be used
for the garage. Correspondence was received from the Kettle Creek Conservation Authority
indicating that they had no objections.
The Requested Variance was granted.
Background: - The subject lands, which are located on the west side of Highbury
Avenue, have approximately 70 metres of frontage on Highbury Avenue and are approximately
4,900 square metres (1.21 acres) in lot area. Municipally known as 11157 Highbury
Avenue, they may be legally described as being Part of Lot 8, Concession 10, geographic
Township of Yarmouth, now Municipality of Central Elgin.
The applicant is proposing to rezone the subject lands to satisfy a condition of
consent (LDC Application No. E103117). The purpose of the rezoning is to align zoning
of the existing farm market and accessory uses as agriculture - related uses on
the lands that were severed.
No written submissions were received and 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.
This meeting was for any appeals that affected property owners may have concerning
the assessment costs of the construction of the Branch "C" Prior Municipal Drain.
No appeals were received and there were no questions from Court of Revision or the
public. The Court of Revision was satisfied with the appeal process, and voted in
favour of the assessment that was available in the engineers report.
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