THE CORPORATION OF THE MUNICIPALITY OF EAST FERRIS

COMMITTEE OF ADJUSTMENT MEETING MINUTES

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Municipal Office Council Chambers
PRESENT:
  • Frank Corbeil
  • Bill Boake
  • Terry Kelly
  • Lauren Rooyakkers
  • Tara Michauville
  • Steve Austin
ABSENT:
  • John Symons
STAFF PRESENT:
  • Greg Kirton
  • Kari Hanselman

Chair Terry Kelly called the meeting to order at 7:00 p.m.

  • 2023-07
    Moved byTara Michauville
    Seconded byFrank Corbeil

    That the draft agenda presented to the Committee and dated June 21st, 2023 by hereby adopted as circulated.

    Carried Chair Kelly
  • 2023-08
    Moved bySteve Austin
    Seconded byFrank Corbeil

    That the Minutes of the Committee of Adjustment Meeting held April 19th, 2023 be hereby adopted as circulated.

    Carried Chair Kelly

None for this session

Chair Kelly welcomed everyone in attendance

None for this session

A public meeting was held on an application submitted by Claude and Nicky Levasseur.  The applicants are requesting consent to allow for the creation of one new lot as well as allow for a lot addition from 581 Big Moose Road to 171 Morgan Road.  

No public input was received at the public meeting and the application was approved.

DECISION OF COMMITTEE ON CONSENT

APPLICANT:                       Claude and Nicky Levasseur

CIVIC ADDRESS:               581 Big Moose Road

FILE NO.:                             B-2023-10 & B-2023-11

PURPOSE:  The applicants are requesting consent to allow for the creation of one new lot as well as allow for a lot addition from 581 Big Moose Road to 171 Morgan Road.

We, the undersigned, in making the decision upon this application have considered whether or not the requested consent is in conformity with the policies laid out in the East Ferris Official Plan and consistent with the requirements of section 51(24) of the Planning Act.

CONCUR in the following decision and reasons for decision on the 21st day of June, 2023.

DECISION:  That the requested consents to create one new additional and a lot addition be approved, conditional upon the following for each application:

1) That confirmation is provided that all taxes are paid up to date;

2) That a plan of survey is prepared and filed with the Municipality;

3) That a plan of survey be sent electronically to the Municipality of East Ferris’s Director of Community Services;

4) That the applicant pays $250.00 in finalization fee per consent application prior to the transfer of the parcel of land;

5) That the applicant is required to pay $1,250.00 per consent application to the Municipality of East Ferris for the Parkland Dedication Fee prior to the transfer of the severed land (File No. B-2023-10 only);

6) That the transfer(s)/Deed(s) of Land is submitted to the Secretary-Treasurer for the Issuance of the Certificate of Consent under      subsection 53 (42) of the Planning Act, R.S.O. 1990, c.P.13, as amended;

7) That prior to the endorsement of the transfer(s) the owner grants simply unto the Municipality of East Ferris free of any charges, all lands measured 10.0 metres (33 feet) from the centerline of any existing publicly maintained road along the full length of the owner’s total holdings being the subject of this consent; and

8) That all conditions must be filled within two years from the date the notice of decision has been given otherwise this provisional consent will lapse and the application for consent shall be deemed to be refused as per Section 53 (41) of the Planning Act, R.S.O. 1990, c.P.13, as amended.

REASONS FOR DECISION:                    

  The Committee has considered the application and based it’s decision upon:

  • Conformity with the Planning Act
  • Public comments submitted
  • Conformity with Provincial Policy
  • Conformity with East Ferris Official Plan

A public meeting was held on an application submitted by Bettina Chapman.  The applicant is requesting a minor variance to permit the following:

  • Recognize existing deficiency in lot frontage of 30.48m (100 feet)
  • Recognize existing deficiency in lot area, including the lands to be acquired through a lot addition from 581 Big Moose Road, of 0.15ha (0.39 acres)
  • Permit a reduction in front yard setback to the lake for the main building from 30m to 27.6m
  • Permit a reduction in the required setback to the rear lot line for a detached garage from 2m to 1m
  • Set back for the eaves of .5m

Mr. Kirton advised that the MTO and Hydro commented that the application is outside their jurisdiction.  The NBMCA advised that they have no objections in principal for this application.  Staff comments advised that variance for lot area is recognized.

No public input was received at the meeting and the application was approved.

DECISION OF COMMITTEE ON A MINOR VARIANCE APPLICATION

APPLICANT:                       Bettina Chapman

CIVIC ADDRESS:               171 Morgan Road

FILE NO.:                             A-2023-05

PURPOSE:   The owner is applying for a minor variance to permit the following:

  • Recognize existing deficiency in lot frontage of 30.48m (100 feet)
  • Recognize existing deficiency in lot area, including the lands to be acquired through a lot addition from 581 Big Moose Road, of 0.15ha (0.39 acres)
  • Permit a reduction in front yard setback to the lake for the main building from 30m to 27.6m
  • Permit a reduction in the required setback to the rear lot line for a detached garage from 2m to 1m.
  • Set back for the eaves of .5 m.

We, the undersigned, in making the decision upon this application have considered whether or not the variance requested was minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and Official Plan will be maintained.

CONCUR in the following decision and reasons for decision on the 21st day of June, 2023.

DECISION:  That the requested variances to recognize existing deficiency in lot frontage of 30.48m (100 feet), recognize existing deficiency in lot area, including the lands to be acquired through a lot addition from 581 Big Moose Road, of 0.15ha (0.39 acres), permit a reduction in front yard setback to the lake for the main building from 30m to 27.6m, and permit a reduction in the required setback to the rear lot line for a detached garage from 2m to 1m., setback for the eaves of .5 m.

REASONS FOR DECISION:                    

  The general purpose and intent of the Official Plan is being maintained;

  • The general purpose and intent of the Zoning By-law is being maintained;
  • The development is desirable and appropriate for the land and consistent with the neighbourhood; and
  • The variance is minor in nature.

PUBLIC INFORMATION:

No public input was received at the public meeting and COA is of the opinion that the proposal is consistent with Provincial Policy, the general intent and purpose of the Official Plan and Zoning By-law, the development is desirable and appropriate for the land and the variance in minor in nature.

A public meeting was held on the application submitted by Marc Champagne.  Ray Champagne was in attendance as the Agent for March Champagne.  The applicant is requesting consents to sever from the Committee of Adjustment to allow for two separate lot additions from 294 South Shore Road to the adjacent properties to the north (324 South Shore Road and 0 South Shore Road).

No public information was received at this meeting. The Committee approved the application.

DECISION OF COMMITTEE ON CONSENT APPLICATION

APPLICANT:                       Marc Champagne

CIVIC ADDRESS:               294 South Shore Road

FILE NO.:                              B-2023-07 & B-2023-08

PURPOSE:  The applicant is requesting consents to sever from the Committee of Adjustment to allow for two separate lot additions from 294 South Shore Road to the adjacent properties to the north (324 South Shore Road and 0 South Shore Road).

We, the undersigned, in making the decision upon this application have considered whether or not the requested consent is in conformity with the policies laid out in the East Ferris Official Plan and consistent with the requirements of section 51(24) of the Planning Act.

CONCUR in the following decision and reasons for decision on the 21st day of June, 2023.

DECISION:  That the requested consents for lot additions from 294 South Shore Road to 324 South Shore Road and 0 South Shore Road be approved, conditional upon the following for each application:
1) That confirmation is provided that all taxes are paid up to date;

2) That a plan of survey is prepared and filed with the Municipality;

3) That a plan of survey be sent electronically to the Municipality of East Ferris’s Director of Community Services;

4) That the applicant pays $250.00 in finalization fee per consent application prior to the transfer   of the parcel of land;

5) That the transfer(s)/Deed(s) of Land is submitted to the Secretary-Treasurer for the Issuance of the Certificate of Consent under subsection 53 (42) of the Planning Act, R.S.O. 1990, c.P.13, as amended;

6) That prior to the endorsement of the transfer(s) the owner grants simply unto the Municipality of East Ferris free of any charges, all lands measured 10.0 metres (33 feet) from the centerline of any existing publicly maintained road along the full length of the owner’s total holdings being the subject of this consent; and

7) That all conditions must be filled within two years from the date the notice of decision has been given otherwise this provisional consent will lapse and the application for consent shall be deemed to be refused as per Section 53 (41) of the Planning Act, R.S.O. 1990, c.P.13, as amended.

REASONS FOR DECISION:                    

The Committee has considered the application and based it’s decision upon:

  • Conformity with the Planning Act
  • Public comments submitted
  • Conformity with Provincial Policy
  • Conformity with East Ferris Official Plan

A public meeting was held on an application submitted by Jason Seguin and Richard Seguin for consent to sever.  The NBMCA commented that their have no objection for this application.  MTO advised that Hwy 94 is controlled by them, they have no objection.  Staff comments advised that they have no objections.

No public information was received at the public meeting.

DECISION OF COMMITTEE ON A CONSENT APPLICATION

APPLICANT:                       Jason Seguin & Richard Seguin

CIVIC ADDRESS:               1326 Highway 94

FILE NO.:                              B-2023-09

PURPOSE:   The applicants are requesting consent to sever from the Committee of Adjustment to allow for a lot addition to the adjacent property at 1296 Highway 94.  

We, the undersigned, in making the decision upon this application have considered whether or not the requested consent is in conformity with the policies laid out in the East Ferris Official Plan and consistent with the requirements of section 51(24) of the Planning Act.

CONCUR in the following decision and reasons for decision on the 21st day of June, 2023.

DECISION:   That the requested consent for a lot addition from 1326 Highway 94 to 1296 Highway 94 be approved, conditional upon the following:

1) That confirmation is provided that all taxes are paid up to date;

2) That a plan of survey is prepared and filed with the Municipality;

3) That a plan of survey be sent electronically to the Municipality of East Ferris’s Director of Community Services;

4) That the applicant pays $250.00 in finalization fee per consent application prior to the transfer of the parcel of land;

5) That the transfer(s)/Deed(s) of Land is submitted to the Secretary-Treasurer for the

    Issuance of the Certificate of Consent under subsection 53 (42) of the Planning Act,  R.S.O. 1990, c.P.13, as amended;

6) That prior to the endorsement of the transfer(s) the owner grants simply unto the Municipality

     of East Ferris free of any charges, all lands measured 10.0 metres (33 feet) from the

     centerline of any existing publicly maintained road along the full length of the owner’s total

     holdings being the subject of this consent; and

7) That all conditions must be filled within two years from the date the notice of decision has been given otherwise this provisional consent will lapse and the application for consent shall be deemed to be refused as per Section 53 (41) of the Planning Act, R.S.O. 1990, c.P.13, as amended.

REASONS FOR DECISION:                    

     The Committee has considered the application and based it’s decision upon:

  • Conformity with the Planning Act
  • Public comments submitted
  • Conformity with Provincial Policy
  • Conformity with East Ferris Official Plan

A public meeting was held on an application submitted by Rachel Taillefer and Luc Gaudreault.  The applicant is requesting a minor variance to permit the construction of an addition to the existing home with reduced side yard setback.  Comments received from the MTO and Hydro advising of no objection.  NBMCA advised of no objections in principal, increase in floor area meet existing septic system.

No public input was received at the public meeting.

DECISION OF COMMITTEE ON A MINOR VARIANCE APPLICATION

APPLICANT:                       Rachel Taillefer and Luc Gaudreault

CIVIC ADDRESS:               352 Taillefer Road

FILE NO.:                              A-2023-06

PURPOSE:   The owners are seeking a minor variance to permit the construction of an addition to the existing home at 352 Taillefer Road with a reduced side yard setback of 4.9 m whereas the Zoning By-law a side yard setback of 8 m.

We, the undersigned, in making the decision upon this application have considered whether or not the variance requested was minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and Official Plan will be maintained.

CONCUR in the following decision and reasons for decision on the 21st day of June, 2023.

DECISION:  That the requested variance to permit an addition to the home at 352 Taillefer Road with a side yard setback of 4.9 m be approved.

 REASONS FOR DECISION:                    

    The general purpose and intent of the Official Plan is being maintained;

  • The general purpose and intent of the Zoning By-law is being maintained;
  • The development is desirable and appropriate for the land and consistent with the neighbourhood; and
  • The variance is minor in nature.
  • 2023-09
    Moved byBill Boake
    Seconded bySteve Austin

    That the Committee of Adjustment meeting adjourn at 8:02 p.m.

    Carried Chair Kelly