Minutes

Committee of Adjustment

Municipality of West Grey

Monday, November 01, 2021 at 1:00 P.m. - 2:30 P.m.

Virtual meeting

Committee members present:

• Chair T. Hutchinson,
• Member R. Hergert,
• Vice-Chair D. Hutchinson,
• Member C. Robinson,
• and Member S. Townsend

Staff members present:

• Chief Administrative Officer L. Johnston,
• Secretary-Treasurer G. Scharback,
• Manager Planning & Development L. Spencer,
• and Tanya Patterson

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1.

Call to order

Chair Hutchinson called the meeting to order at 1:01 p.m.

Staff reviewed instructions for members of the public to participate via Zoom, telephone, and how to contact staff for assistance if disconnected. It was noted that this meeting will be livestreamed to the West Grey YouTube channel.

4.

Approval of minutes

4.1

September 13, 2021 Committee of adjustment

• Resolution: COA68-2021
  Moved by: Vice-Chair D. Hutchinson
  Seconded by: Member S. Townsend

  That the committee of adjustment approves the minutes of September 13, 2021, as circulated.

  Disposition: Carried

5.

Consent to sever No. B18.2021 (Maria Mychalchuk and Cuesta Planning Consultants Inc., Agent) - 313807 Highway 6, Lot 21, Concession 1, Township of Glenelg

5.1

Application No. B18.2021 (Maria Mychalchuk and Cuesta Planning Consultants Inc., Agent)

5.2

Planner L. Spencer - report

Planner Spencer reviewed her report and recommendation for approval of the application subject to the following conditions:

• Payment of any outstanding municipal taxes;
• Payment of the zoning by-law amendment application fee;
• Passage of the zoning by-law amendment; and
• Payment of a Parkland dedication fee for the newly created parcel.

She noted that the purpose and effect of the application is to sever approximately 14 acres (5.7 hectares) of rural and hazard lands for the purposes of lot creation and retain approximately 133 acres 53.9 hectares) of rural and hazard lands. The effect of which will create a new lot with access along Concession 2.

• Resolution: N/A - completed under item 5.5

  That committee of adjustment receives report for application B18.2021, Maria Mychalchuck and Cuesta Planning Consultants Inc., Agent, from Planner Spencer and the recommendations therein.

  Disposition:

5.3

Written comments

5.3.1

Hydro One

Written comments noting no objections were received from Hydro One.

5.3.2

Enbridge Gas Inc.

Written comments noting no objections were received from Enbridge Gas Inc.

5.3.3

Saugeen Valley Conservation Authority

Written comments noting no objections were received from Saugeen Valley Conservation Authority.

5.4

Verbal comments

5.4.1

Committee members

Member D. Hutchinson inquired about the amount of land clearing required. Planner Spencer noted that the frontage of the lot is ideal but will be discussed with the Director of Infrastructure and Public Works.

Member Townsend inquired about the level of service and type of service treatment required on the road allowance. Planner Spencer noted this would be the discretion of the Director of Infrastructure and Public Works.

Member Townsend also inquired about the impact of service on the local residents. Planner Spencer noted that the upgrades and improvements to the unopened/unmaintained road allowance will benefits the residents of the road.

5.4.2

Members of the public

Planner Spencer noted that public comments have been received indicating concerns of maintenance of the road.

Ryan Kochuta, Cuesta Planning Consultants Inc., noted that he is available for questions regarding this application.

Vicki Laplante and Jean-Paul Laplante, residents, noted their concerns about the road allowance being closed for public access. Planner Spencer confirmed the road will remain open for public access as it is public property. The road allowance is not considered part of the land in question.

5.5

Decision

**After resolutions

Betty Hines, resident, noted her concerns about osprey birds nesting within a protected area on the property. Planner Spencer confirmed that any alterations to the plans will require approval from Saugeen Valley Conservation Authority and/or under the Endangered Species Act through the Ministry of the Environment, Conservation, and Parks.

• Resolution: COA69-2021
  Moved by: Vice-Chair D. Hutchinson
  Seconded by: Member R. Hergert

  That committee of adjustment does hereby approve consent to sever application No. B18.2021, Mychalchuk and Cuesta Planning Consultants, Agent, for the reasons and subject to the conditions as set out in the planner's report.

  Disposition: Carried
• Resolution: COA70-2021
  Moved by: Member C. Robinson
  Seconded by: Member S. Townsend

  That committee of adjustment receives report for application B18.2021, Maria Mychalchuck and Cuesta Planning Consultants Inc., Agent, from Planner Spencer and the recommendations therein.

  Disposition: Carried

5.6

Next steps

Upon approval of the applications there is a twenty day appeal period. If no appeals are received in that time staff will advise the applicant that they have 12 months from the date of the decision to satisfy all conditions, including draft deeds and a survey for approval by the municipality, and have the same registered by their lawyer at the land registry office.

6.

Consent to sever No. B26.2021 (Howard Weber and Ross Firm Professional Corporation, Agent) - 238 Forler Street & 110 William Street, Lot 2-3, Part Lots 4 & 5, Concesssion 13, RP 17R1861 Pt 3, 17R1008 Pt 1 and 16R6065 Pat 1, Village of Neustadt

6.1

Application No. B26.2021 (Howard Weber and Ross Firm Professional Corporation, Agent)

6.2

Planner L. Spencer - report

Planner Spencer reviewed her report and recommendation for approval of the application subject to the following conditions:

• Payment of any outstanding municipal taxes
• Payment of the parkland dedication fee for the newly created lot
• Payment and receipt of an entrance permit for the retained parcel

She noted that the purpose and effect of B26.2021 is to sever a 46.5 ha. (115 acre) agricultural parcel and retain a 28.7 ha. (71 acre) rural parcel.  The effect of which will separate two (2) original parcels which merged through registration.

• Resolution: N/A - completed under item 6.5

  That committee of adjustment receives report for application B26.2021, Howard Weber and Ross Firm Professional Corporation, Agent, from Planner Spencer and the recommendations therein.

  Disposition:

6.3

Written comments received

Written comments were received from Grey County after publication of the agenda indicating the preference for a 5.18 metre road widening, equivalent to the widening on the south side of the road.

Planner Spencer noted written comments were received from Larry and Merelda Lantz regarding their concerns of future developments resulting in a road allowance being opened along the east boundary of their home.

6.3.1

Hydro One

Written comments noting no objections were received from Hydro One.

6.3.2

Saugeen Valley Conservation Authority

Written comments noting no objections were received from Saugeen Valley Conservation Authority.

6.4

Verbal comments

6.4.1

Committee members

Member Townsend inquired about the Hydro One easement noted on the application, as well as if the water and sewage capacity is adequate for the use. Planner Spencer noted that the landowner is responsible for the transfer of the Hydro One easement and it will become part of the deed. She also noted that the water and sewage capacity will be reviewed and considered with the application.

Member Hergert inquired if approval is required should there be changes to the zoning and any development on the property, as well as the merging of the previous two parcels. Planner Spencer confirmed that council approval would be required for changes to zoning or any development. She also noted that the two parcels were merged through the estate and virtue of registration.

6.4.2

Members of the public

Tammy Grove-McClement, Ross Firm Professional Corporation, the agent for this application noted that she was available for questions.

6.5

Decision

• Resolution: COA71-2021
  Moved by: Member R. Hergert
  Seconded by: Member S. Townsend

  That committee of adjustment does hereby approve consent to sever application No. B26.2021, Weber and Ross Firm Professional Corporation, Agent, for the reasons set out in the planner's report and subject to the following conditions:

  • Payment of any outstanding municipal taxes; and
  • Payment and receipt of an entrance permit for the retained parcel.
  Disposition: Defeated
• Resolution: COA72-2021
  Moved by: Member C. Robinson
  Seconded by: Member R. Hergert

  That committee of adjustment does hereby approve consent to sever application No. B26.2021, Weber and Ross Firm Professional Corporation, Agent, for the reasons set out in the planner's report and subject to the following conditions:

  • Payment of any outstanding municipal taxes;
  • Payment of the parkland dedication fee for the newly created lot; and
  • Payment and receipt of an entrance permit for the retained parcel.
  Disposition: Carried
• Resolution: COA73-2021
  Moved by: Member C. Robinson
  Seconded by: Member R. Hergert

  That committee of adjustment receives report for application B26.2021, Howard Weber and Ross Firm Professional Corporation, Agent, from Planner Spencer and the recommendations therein.

  Disposition: Carried

6.6

Next steps

Upon approval of the applications there is a twenty day appeal period. If no appeals are received in that time staff will advise the applicant that they have 12 months from the date of the decision to complete the conditions as set out in the decision sheet.

7.

Next meeting

The next meeting is scheduled for Monday November 15, 2021 at 1:00 p.m.

8.

Adjournment

• Resolution: COA74-2021
  Moved by: Member R. Hergert
  Seconded by: Chair T. Hutchinson

  That committee of adjustment hereby adjourns this meeting at 1:55 p.m.

  Disposition: Carried