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Township of Georgian Bluffs Committee of Adjustment Agenda

This document can be made available in other accessible formats or with communications supports as soon as practicable and upon request.

May 23, 2018, 6:15 p.m., Council Chambers

1. Call to Order

2. Declaration of Pecuniary Interest and the General Nature Thereof

3. Minutes of the Previous Meeting

a) April 11, 2018

Recommendation: That the Committee of Adjustment adopt the minutes of the meeting held on April 11, 2018.

4. New Business

New Applications

a) Minor Variance Application A-02-18– Carol Mulder, Lot 33, Plan 552, 504569 Grey Road 1, geographic Township of Keppel.

Notice of Application and Public Meeting Planning Report – PL.2018.23 b) Minor Variance Application A-03-18– Douglas McLaughlin, Lot 9, Plan 557,

504701 Grey Road 1, geographic Township of Keppel.

Notice of Application and Public Meeting Planning Report – PL.2018.20

c) Severance Application B04/18– Larry Miller (Agent Darrell Jarvis), Part Lots 31 and 32, Concession 2 NCD, Parts 1, 2 and 3, Plan 16R-7166, 779635 Concession 2 NCD, geographic Township of Keppel.

Notice of Application and Public Meeting d) Planning Report – PL.2018.21

Township of Georgian Bluffs Committee of Adjustment Agenda

May 23, 2018

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5. Unfinished Business

6. Adjournment

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Township of Georgian Bluffs Committee of Adjustment Minutes

This document can be made available in other accessible formats or with communications supports as soon as practicable and upon request.

April 11, 2018, 6:30 p.m., Council Chambers

Members Present: Mayor Alan Barfoot (Chair) Deputy Mayor Dwight Burley Councillor Sue Carleton Councillor Ryan Thompson Councillor Tom Wiley Councillor Paul Sutherland Members Absent: Councillor Carol Barfoot Staff Present: Jenn Burnett, Intermediate Planner (Recording Secretary) Call to Order Chair Alan Barfoot called the meeting to order at 6:30 p.m.

1. Declaration of Pecuniary Interest and the General Nature Thereof Councillor Sutherland declared a pecuniary interest to item 4 b.

2. Minutes of the Previous Meeting

a) March 21, 2018 Committee of Adjustment Minutes

Moved by: Member Thompson Seconded by: Member Burley That the Committee of Adjustment adopt the minutes of the meeting held on March 21, 2018.

Carried – CoA2018-008

3. Requests for Deferral or Withdrawal of Application None received.


April 11, 2018

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4. New Business

At the request of the Agent for Application B08/17, Chair A. Barfoot asked the Committee to agree to change the published agenda to permit Item b to be heard first. The Committee verbally agreed to the change.

a) Severance Application B03/18– Carrie Hayes, (Agent: Antoin Diamond for the Bruce Trail Conservancy) Part Lot 36, Concession 24, 230537 Coles Sideroad, geographic Township of Keppel.

Proposal

This proposal is to convey 24 acres of vacant land to the Bruce Trail Conservancy for trail and conservation purposes.

Written affirmation by Applicant or Agent that a sign was posted in accordance with the Planning Act

Notice of this Consent Hearing, in accordance with Ontario Regulation 197/96, made under the Planning Act, was given on February 23, 2018, by ordinary mail to all property owners within 60 metres (200 feet) of the property which is subject to the application and to all the required agencies. Notice was posted on the Township Web Site, and a public notice was posted on the subject property by Dan Wood on March 1, 2018.

If you wish to be notified of the decision of the Committee of Adjustment, you must make a written request to the Secretary-Treasurer of the Committee.

Only a person or public body that requests a notice of decision of the Committee in respect to this proposed Consent may submit an appeal.

Site Inspection Report In the absence of Member Carol Barfoot, the Planner summarized the site inspection checklist.

Introduction of the Application Antoin Diamond, agent for the application, introduced the purpose and intent of the application. The Notice of Complete Application and Notice of Public Meeting was circulated to the agencies for review.

Niagara Escarpment Commission (NEC): In comments dated April 4, 2018,

the NEC note that the BTC had pre-consulted with our office in February on this proposed acquisition. The proposed severance of the 24 acres to be conveyed to the BTC for trail and conservation purposes complies with the lot creation policies of the Niagara Escarpment Plan. A Development Permit is not required


April 11, 2018

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for the severance as there is a dwelling on the retained parcel. Please forward the decision on this Consent application to [email protected].

Grey Sauble Conservation Authority: in email correspondence dated April 3, 2018, the GSCA notes no objection as they proposed consent is for conservation purposes. They wish to be notified of the decision on this file.

Grey County Planning & Development Department: note that the lands are administered under the Niagara Escarpment Plan and defer specific comment to the NEC. Provided positive comments are received from the local Conservation Authority and the severed parcel is conveyed to the Bruce Trail Conservancy, County Planning Staff have no further concerns with the subject application. The County requests notice of any decision rendered with respect to this file. (Correspondence dated March 14, 2018)

Historic Saugeen Metis (HSM) in email correspondence dated February 27, 2018 the HSM note that, “The Historic Saugeen Metis (HSM) Lands, Resources, and Consultation Department has reviewed the relevant documents and has no objection or opposition to the proposed development, land re-designation, rezoning, land severance, Official Plan and/or Zoning By-law Amendments.

The Notice of Complete Application and Notice of Public Meeting was circulated to all property owners within 60 m of the subject property. No written comments were received from the public.

This severance application to convey 24 acres of vacant land to the Bruce Trail Conservancy for conservation purposes is consistent with the PPS and the Niagara Escarpment Plan. It is recommended that Application B03/18 for Carrie Hayes be APPROVED.

5. Persons wishing to express interest or concern to be heard None.

6. Decision or Deferral by Committee Moved by: Member Seconded by: Member Decision: APPROVED

The Committee has received written and/or oral submissions during the hearing and have taken these submissions into consideration as will be further described in the minutes of this hearing. The Committee of Adjustment approves Consent application B01/18, subject to the following conditions: (1)That a surveyor’s drawing is completed and two (2) copies be filed with the Municipal Clerk or an exemption from the survey be received.

mailto:[email protected]


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(2)That pursuant to Section 53(42) of the Planning Act, the “Certificate of Consent” be affixed to the deed within one year of the Notice of Decision. (3)That the Applicant pays a $300.00 fee at the time of the Certification of the Deed.

For: Member Alan Barfoot, Member Dwight Burley, Member Sue Carleton, Member Paul Sutherland, Member Ryan Thompson, Member Tom Wiley.

Absent: Member Carol Barfoot


Councillor Sutherland removed himself from his seat and sat in the audience.

b) Severance Application B08/17– Paul Sutherland, (Agent: Ron Davidson) Part Lot 23, Concession 19, 402558 Grey Road 17, geographic Township of Keppel.

Requests for Deferral or Withdrawal of Application None received.

Proposal

This proposal is for a Surplus Farm Dwelling Severance.

Written affirmation by Applicant or Agent that a sign was posted in accordance with the Planning Act

Notice of this Consent Hearing, in accordance with Ontario Regulation 197/96, made under the Planning Act, was given on February 28, 2018, by ordinary mail to all property owners within 60 metres (200 feet) of the property which is subject to the application and to all the required agencies. Notice was posted on the Township Web Site, and a public notice was posted on the subject property by Dan Wood on March 5, 2018.

If you wish to be notified of the decision of the Committee of Adjustment, you must make a written request to the Secretary-Treasurer of the Committee.

Only a person or public body that requests a notice of decision of the Committee in respect to this proposed Consent may submit an appeal.

Site Inspection Report In the absence of Member Carol Barfoot, the Planner summarized the site inspection checklist.

Introduction of the Application Ron Davidson, agent for the applicant, introduced the purpose and intent of the application.


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The Notice of Complete Application and Notice of Public Meeting was circulated to the agencies for review.

The Notice of Complete Application and Notice of Public Meeting was circulated to the agencies for review. The following comments were received by the report submission deadline: • The Historic Saugeen Metis (HSM) Lands, Resources, and Consultation

Department: In correspondence dated March 1, 2018 the HSM note they have reviewed the relevant documents and have no objection or opposition to the proposed development, land re-designation, rezoning, land severance, Official Plan and/or Zoning By-law Amendments.

• Hydro One: In correspondence dated October 18, 2017, Hydro One has no concerns or comments at this time.

• Bluewater District Schoolboard: In correspondence dated October 19, 2017, the school board noted no comments on the consent application at this time.

• The Niagara Escarpment Commission: in correspondence dated October 13, 2017, the NEC noted that the subject property is not within the Niagara Escarpment Plan Area.

• Township of Georgian Bluffs Operation Department: In correspondence dated October 6, 2017, the Operations Department noted that they have no comments on this application.

• Grey Sauble Conservation Authority Risk Management Office (RMO): In comments dated March 6, 2018 the RMO notes, “this application does not fall within an area where source protection policies currently apply, as such, we have no comments to provide.”

• Grey Sauble Conservation Authority: In comments dated November 10, 2017, the GSCA notes a regulated area associated with the Provincially Significant Mountain Lake Skinners March Wetland an the 120m adjacent lands to the wetland, natural hazard areas associated with the flood potential of the wetland; Karst topography on the southern portion of the lot; and natural heritage features associated with significant woodlands, the Kemble Forest ANSI and fish habitat associated with Scale Lake. There have been observances of endangered species and/or threatened species and species of special concern in the area. As no development is proposed and the remnant parcel is to be rezoned to prohibit a residential dwelling on the lands, no new impacts to the natural heritage features are anticipated. The mapped wetland zone boundary does not match the official PSW boundary. They recommend that the wetland zone be remapped to align with the official PSW wetland and have provided mapping for the site-specific by-law. They request to be notified of the decision on this file.

• Grey County Transportation Department: in correspondence date October 31, 2017 TAPS noted, “[n]o objections to the amendment. Currently an Entrance Permit approval would be challenging because of trees and geometric


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issues blocking the sight lines. This should not be an issue late next year as this road section is slated for reconstruction next summer. Thus tree removal and curve corrections both vertical and horizontal should be completed.”

• Grey County Planning and Development Department: In comments dated March 8, 2018 the County provided further clarification to the entrance issue noted above. On January 15, 2018, TAPS conducted a site visit and determined an entrance location just west of the east property line. The Transportation Department has no further concerns with the proposal. Provided the lands are rezoned to prohibit future residential dwellings, County staff have no further concern with the subject applications. The County requests notice of any decision rendered with respect to these files.

• MMA/MHO (Tyler Shantz): in correspondence dated October 19, 2017, it was noted that, the proposed consent for a residence surplus to a farm dwelling appears to be consistent with the lot creation policies of the PPS (PPS 2.3.4). The Ministry appears to be satisfied with the Planning Report (Ron Davidson Land Use Planning Consultant Inc., September 1, 2017) that the required MDS is exceeded. The Ministry notes that, “Section 4.1 on page 14 of the Planning Report addresses PPS 2.3.4:

“The existing farmhouse has become surplus to the needs of Mr. Sutherland as a result of him enlarging his farm holdings. The proposed

lot is large enough to accommodate the existing buildings, well and septic system. The balance of the farm will be rezoned to prohibit a future residence… An Agricultural Impact Assessment conducted on behalf of Mr. Sutherland has demonstrated that the remnant farm parcel, being 28.96 hectares in size, is large enough to support farming which is common to the area and can maintain flexibility for future changes in agriculture.” “The County should ensure that the residence is in fact surplus to a farming operation as per the PPS definition. That is, the existing habitable farm residence has been rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation).”

The Notice of Complete Application and Notice of Public Meeting was circulated to all property owners within 60 m of the subject property. No written comments were received from the public. Grey County OPA No. 140 came into effect on March 22, 2018 demonstrating consistency with the PPS and the County of Grey Official Plan. A site-specific amending by-law will be brought forward for Council’s consideration on April 18,


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2018. It is recommended that consent application B08/17 for Sutherland be approved subject to a zoning by-law amendment being in force and effect.

7. Persons wishing to express interest or concern to be heard None.

8. Decision or Deferral by Committee Moved by: Member Wiley Seconded by: Member Burley Decision: APPROVED

The Committee has received written and/or oral submissions during the hearing and have taken these submissions into consideration as will be further described in the minutes of this hearing. The Committee of Adjustment approves Consent application B08/17, subject to the following conditions:

(1) That the owner enters into an agreement with the Municipality, if deemed necessary by the Municipality, to provide for any applicable development charges, parkland dedication, any applicable permits, municipal servicing or related developments matters.

(2) That a surveyor’s drawing is completed and two (2) copies be filed with the Municipal Clerk or an exemption from the survey be received.

(3) That pursuant to Section 53(42) of the Planning Act, the “Certificate of Consent” be affixed to the deed within one year of the Notice of Decision.

(4) That the Applicant pays a $300.00 fee at the time of the Certification of the Deed.

(5) That a Zoning By-law Amendment be in force and effect.

For: Member Alan Barfoot, Member Dwight Burley, Member Sue Carleton, Member Ryan Thompson, Member Tom Wiley.

Absent: Member Paul Sutherland


7. Unfinished Business None.

8. Adjournment The meeting adjourned at 6:45 p.m. on a motion moved by Member Sutherland and Member Carleton.


April 11, 2018

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___________________________ Alan Barfoot, Chair

___________________________ Jennifer Burnett, Recording Secretary

Date of this Notice: April 25, 2018

Notice of Complete Application and Public Hearing

Minor Variance Application Hearing Location: Council Chambers 177964 Grey Road 18, RR 3 Owen Sound, ON N4K 5N5

Hearing Date: May 23, 2018 at 6:15 p.m.

Application: A-02-18 Applicant: Carole Mulder Legal Description: Lot 33, Plan 552 Civic Address: 504569 Grey Road 1

ARN: 4203-620-008-38700 What is being proposed? The purpose of this application is to request relief from Section 4.9.2 d (iii) of the Comprehensive Zoning By-law 6-2003 to permit the construction of a detached garage with a maximum height of 6 metres. The By-law permits a maximum height of 5 metres and requires that the garage be located 23 metres from the centerline of the County Road (Section 4.17.3) and 7.5 metres from the property line abutting a street line. The proposed rear yard setback is 16 metres from the centerline of the County Road and 6 metres from the rear property line to accommodate the existing slope. Additional information regarding this application is available to the public for inspection at the Township Office between 9 a.m. and 4:30 p.m. Monday to Friday.

Questions? For more information about this matter, contact:

Jenn Burnett, MSc., MCIP, RPP

In person or by mail: 177964 Grey Road 18, RR 3 Owen Sound, ON N4K 5N5

Email: [email protected]

Telephone: 519-376-2729 ext. 242


Public Hearing: You are entitled to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you are aware of any person interested in or affected by this application who has not received a copy of this notice, you are requested to inform that person of this hearing. If you wish to make written comments on this application, they may be forwarded to the secretary-treasurer of the committee at the address shown below:

Christine Fraser McDonald 177964 Grey Road 18, RR 3 Owen Sound, ON N4K 5N5

Telephone: 519-376-2729 ext. 226 Email: [email protected]

Notice of Decision: If you wish to be notified of the decision of the Committee of Adjustment in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeal Tribunal (LPAT) hearing in the event of the decision of this application is appealed.

Under the authority of the Municipal Act, 2001 and in accordance with Ontario's Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), all information provided for, or at a Public Meeting, Public Consultation, or other Public Process are considered part of the public record, including resident deputations. This information may be posted on the Township’s website and/or made available to the public upon request.

This document can be made available in other accessible formats as soon as practicable and upon request.


Date of this Notice: April 25, 2018

Notice of Complete Application and Public Hearing

Minor Variance Application Hearing Location: Council Chambers 177964 Grey Road 18, RR 3 Owen Sound, ON N4K 5N5

Hearing Date: May 23, 2018 at 6:15 p.m.

Application: A-03-18 Applicant: Douglas McLaughlin Legal Description: Lot 9, Plan 557 Civic Address: 504701 Grey Road 1

ARN: 4203-620-008-42100 What is being proposed? The purpose of this application is to request relief from Section 4.9.5 b) of the Comprehensive Zoning By-law 6-2003 to permit the construction of a detached dwelling with a 44.5 m2 deck that extends 3 m into the required rear yard. The By-law permits a 1.5 m projection. Relief is also requested from Section11.2 to increase the total lot coverage from 15% to 21% to accommodate the detached dwelling, the deck and the detached garage. Additional information regarding this application is available to the public for inspection at the Township Office between 9 a.m. and 4:30 p.m. Monday to Friday.

Questions? For more information about this matter, contact:

Jenn Burnett, MSc., MCIP, RPP

In person or by mail: 177964 Grey Road 18, RR 3 Owen Sound, ON N4K 5N5

Email: [email protected]

Telephone: 519-376-2729 ext. 242

Subject Lands


Public Hearing: You are entitled to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you are aware of any person interested in or affected by this application who has not received a copy of this notice, you are requested to inform that person of this hearing. If you wish to make written comments on this application, they may be forwarded to the secretary-treasurer of the committee at the address shown below:

Christine Fraser McDonald 177964 Grey Road 18, RR 3 Owen Sound, ON N4K 5N5

Telephone: 519-376-2729 ext. 226 Email: [email protected]

Notice of Decision: If you wish to be notified of the decision of the Committee of Adjustment in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeal Tribunal (LPAT) hearing in the event of the decision of this application is appealed.

Under the authority of the Municipal Act, 2001 and in accordance with Ontario's Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), all information provided for, or at a Public Meeting, Public Consultation, or other Public Process are considered part of the public record, including resident deputations. This information may be posted on the Township’s website and/or made available to the public upon request.

This document can be made available in other accessible formats as soon as practicable and upon request.


Miller B04/18 620-003-07410

Township of Georgian Bluffs 177964 Grey Road 18, R.R. #3, Owen Sound, ON N4K 5N5 Phone: 519-376-2729 Fax 519-372-1620

NOTICE OF COMPLETE APPLICATION AND PUBLIC HEARING

CONCERNING AN APPLICATION FOR CONSENT TO SEVER LAND IN THE TOWNSHIP OF GEORGIAN BLUFFS

(Section 53, Planning Act, 1990) TAKE NOTICE that Application B04/18 for Consent to Sever Land has been submitted to the Committee of Adjustment for the Township of Georgian Bluffs as outlined below. The PUBLIC HEARING is scheduled for May 23, 2018 at 6:15 pm at the above address. Related File(s) Z-07-18 & Z-08-18 Owners Larry Miller Agent/Solicitor Darrell Jarvis Legal Description CON 2 NCD PT LOTS 31 & 32 RP;16R7166 PARTS 1, 2 & 3 Municipal Address 779638 Concession 2 NCD Property Roll Number 4203-620-003-07410

Uses Existing Proposed Surrounding

Rural & residential No change Rural & residential

Planning Policies County Official Plan Zoning By-law

Rural, Hazard & Agricultural General Rural (A1) and Environmental Protection (EP)

Subject Lands

Development Proposal

This severance application is for a lot addition to convey +/-38 acres of vacant land from the Miller property to the Jarvis property. The proposed lot dimensions are as follows: Severed Retained Lot Area 38 acres 50 acres Frontage +/-295 m (967 ft) +/-199.156 m (653 ft) Lot Depth +/-409.1m (1342 ft) +/-1006 m (3300 ft) Configuration irregular Regular Servicing n/a n/a Existing Structures

None none

YOU are being notified of these applications because your name appears on the assessment roll for properties within 60 metres (200 feet) of the subject lands.

Miller B04/18 620-003-07410

ADDITIONAL information pertaining to these applications may be obtained at the Township Office, at the above address, between the hours of 9:00 a.m. and 4:30 p.m. (Monday to Friday). IF you wish to be notified of the Decision of the Committee of Adjustment for the Township of Georgian Bluffs in respect of the proposed Consent, you must make a written request to: the Township of Georgian Bluffs at the above address. This will entitle you to be advised of a possible Local Planning Appeal Tribunal (LPAT). Even if you are the successful party, you should request a copy of the Decision since the Decision may be appealed to the LPAT by the Applicant or another member of the public. IF a person or public body that files an appeal of a Decision of the Committee of Adjustment for the Township of Georgian Bluffs in respect of the proposed Consent does not make written submissions to the Committee of Adjustment for the Township of Georgian Bluffs before it gives or refuses to give a provisional Consent, the Local Planning Appeal Tribunal may dismiss the appeal. Any Person may make written submissions either in support or in opposition to the application. Written comments should be forwarded to the Deputy Secretary-Treasurer of the Committee of Adjustment, Jenn Burnett (by mail or fax at the above address; or by e-mail at [email protected]. Please note: Comments and opinions submitted on these matters, including the originator’s name and address, become part of the public record, may be viewed by the general public and may be published in a Planning Report and Council Agenda. Dated at the Township of Georgian Bluffs, this 25th day of April, 2018 Jenn Burnett, MSc., MCIP RPP Planner Township of Georgian Bluffs

SITE PLAN CON 2 NCD PT LOTS 31 & 32 RP 16R7166 PARTS 1, 2 & 3

779638 Concession 2 NCD 4203-620-003-07410


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