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Port Stanley News RSS Feed  News Public Meetings Planning Applications for Monday, September 24th, 2018

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by Doug Harvey

Public Meetings Planning Applications for Monday, September 24th, 2018

Committee of Adjustment

1. 6:50 p.m. - COA 15-18, Gensen - 162 William Street

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.

2. 7:00 p.m. - COA 16-18, Elliott - 4509 East Road

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 subject application.

Requested Variances:

  • (i) To permit a garage 17 feet from the front lot line, whereas Subsection 9.2.1.7.1(a) of the Village of Port Stanley Zoning By-law No. 1507 requires a minimum front yard depth of 35 feet for lots fronting upon a County Road.
  • (ii) To permit a garage 3.28 feet from the southerly side lot line, whereas Subsection 9.2.1.7.2(a) of the Village of Port Stanley Zoning By-law No. 1507 requires a minimum side yard depth of 4 feet for accessory buildings.

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.

Zoning By-law Amendment

1. 7:10 p.m. - ZBA - Sloan, 11157 Highbury Ave.

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.

Court of Revision - Drains for Monday, September 24th, 2018

Court of Revision

1. Branch "C" Prior Municipal Drain

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.


Last Updated: Tuesday, 25 September 2018 07:17:04 AM EST

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