Corporation of the Town of Shelburne

Committee of Adjustment - Minutes

Monday, April 22, 2024

6:30 P.m. - 7:30 P.m.

Council Chambers

203 Main St. E, Shelburne

Members in attendance:

• Mayor Wade Mills
• Councillor Walter Benotto
• Councillor Len Guchardi
• Councillor Lindsay Wegener

Members Absent

• Deputy Mayor Shane Hall
• Councillor Kyle Fegan
• Councillor Dan Sample

Staff attending:

• Jennifer Willoughby, Director of Legislative Services/Clerk
• Denyse Morrissey, CAO
• Carey Holmes, Director of Financial Services/Treasurer
• Jim Moss, Director of Development and Operations
• Alice Byl, Deputy Clerk/Committee Coordinator

Others Present:

• Steve Wever, Town Planner

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1.

Call to Order

Meeting called to order at 6:32 pm by Chair Wade Mills.

Tonight, we have a public meeting being held under Section 53 of the Planning Act to consider 2 consent applications.

1)    Consent application #B24/01 is for property located at 616 Owen Sound Street in the Town of Shelburne. The purpose and effect of the application is to sever a portion of the property to have a land area of approximately 355 square metres to create a new residential lot for a semi-detached dwelling on the subject land.  The retained land will have an area of approximately 356 square metres and is proposed to be used for a semi-detached dwelling. The existing single detached dwelling is proposed to be demolished as part of this application.

2)    Consent application B24/02 is for property located at 250 Main St E. in the Town of Shelburne.  The applicants previously submitted an application for Consent in 2022 (B22/01) along with a Zoning By-law Amendment (Z22/01). Both applications were approved on May 30th, 2022. 

The applicant is applying for an additional Consent for the property in order to obtain a certificate for the retained land. In making the previous application, the applicants did not request that certificates be provided for both the severed and retained land, so the Committee’s decision was specifically for the severance of the new lot only.

The Mayor asked the Clerk for the method of notice for tonight’s public meeting.

The Clerk indicated that notice of tonight's public meeting was advertised in local media sources, notice is posted on the Town of Shelburne website and property owners within a 60-metre radius have received notification.

We will have a presentation by the Town Planner with a summary of written comments received, following which there will be an opportunity for Committee members and members of the public to ask questions or provide comments. 

2.

Motions for Decision

a.

Report P2024-04 from the Town Planner regarding Application for Consent B24/01 - RDA Designs - 616 Owen Sound Street

The Town Planner presented his report to the Committee of Adjustment and answered questions related to the zoning allowances and the size allowances for the proposed dwellings on the property.

Tyler MacLachlan of 615 Owen Sound Street expressed opposition due to the size of the development, the character of the neighbourhood and the construction noises and effects.

Miranda MacLachlan of 615 Owen Sound Street also expressed opposition to the development and requested a privacy barrier.

• Moved By Councillor Benotto
  Seconded By Mayor Mills

  BE IT RESOLVED THAT subject to the consideration of any input received at the public meeting, it is recommended that the Committee of Adjustment grant conditional approval of Consent Application B24/01 subject to the following:

  1. That the Secretary-Treasurer’s Certificates under subsections 53(42) and 53 (42.1) of the Planning Act R.S.O. 1990, c.P.13, as amended, shall be issued and the Secretary-Treasurer’s fees be paid;

  2. The payment of cash-in-lieu of parkland at the rate of 5% of the value of the newly created lot;

  3. That the owner enter into an agreement with the Town addressing the following matters:

  • site servicing and drainage requirements and the details of all servicing connections, modifications and improvements to existing services including sanitary sewers, water supply, storm sewers, roads, sidewalks, hydrants, utilities, and any required easements deemed necessary by the Town in accordance with Town standards and to the satisfaction of the Town’s Director of Development and Operations and the Town’s Engineer;
  • a Municipal Approval and Building Permit be obtained for the demolition of the existing dwelling and payment be made for the associated fees;
  • the requirement to construct a new mutual driveway and required parking spaces on the severed lot and retained lot;
  • the requirement to provide drawings indicating the location and details of the driveway including the requirement for replacement of any trees requiring removal, to the satisfaction of the Town;
  • design guidelines for the new dwelling to be constructed on the severed lot; and,
  • the payment of required fees.

  4. That the Secretary-Treasurer is provided with a solicitor’s undertaking to maintain and register the existing easements for the sanitary sewer and any utilities, where required, on title for the severed lot and retained lot;

  5. Approval of the draft reference plan, as applicable, shall be obtained at the Committee of Adjustment office (Town of Shelburne) and the required number of prints (3) of the resultant deposited reference plan shall be received; and,

  6. The conditions are to be fulfilled and the consent is to be finalized on or before two years from the date of the issuance of the Committee’s notice of decision.

  LOST
• Amendment:
  Motion # 1
  Moved By Councillor Guchardi
  Seconded By Councillor Wegener

  BE IT RESOLVED THAT the application be deferred.

  CARRIED

b.

Report P2024-05 from the Town Planner regarding Application for Consent B24/02 - Owen Bennington and Sarah Thompson - 250 Main Street East, Shelburne

The Town Planner presented his report to the Committee of Adjustment.

• Motion # 2
  Moved By Councillor Guchardi
  Seconded By Councillor Wegener

  BE IT RESOLVED THAT subject to the consideration of any input received at the public meeting, it is recommended that the Committee of Adjustment grant conditional approval of Consent Application B24/02 subject to the following:

  1. That the Secretary-Treasurer’s Certificate under subsection 53(42) of the Planning Act R.S.O. 1990, c.P.13, as amended, shall be issued and the Secretary-Treasurer’s fee be paid; and
  2. The conditions are to be fulfilled and the consent is to be finalized on or before two years from the date of the issuance of the Committee’s notice of decision.

  CARRIED

3.

Motion to Adjourn

• Motion # 3
  Moved By Councillor Guchardi
  Seconded By Councillor Wegener

  BE IT RESOLVED THAT the Committee of Adjustment now adjourns.

  CARRIED

  Chair Wade Mills adjourned the meeting at 7:28 pm.