The Corporation of the Town of Essex

Committee of Adjustment Meeting Minutes

Wednesday, May 22, 2024 at 5:00 P.m. - 7:00 P.m.

Location: Essex Municipal Building, 33 Talbot Street South

Present:

• Chair - Pocock, Phil
• Vice Chair - Baker, William
• Member - Child, Matthew
• Member - Lester, Dorene
• Member - Sauve, Danny

Also Present:

• Corinne Chiasson, Secretary-Treasurer, Senior Planner
• Ian Rawlings, Junior Planner
• Marsha Buchta, Recording Secretary

Accessible formats or communication supports are available upon request. Please contact the Clerk’s Office at [email protected] or 519-776-7336 extension 1100 or 1101.

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1.

Call to Order

The Vice-Chair, William Baker, called the meeting to order at 5:00 p.m.  Phil Pocock, Chair arrived at 5:07 p.m. William Baker, Vice presided as Chair for the remainder of the meeting.

2.

Land Acknowledgement

We acknowledge that this land is the traditional territory of the Three Fires Confederacy of First Nations (comprised of the Ojibway, the Odawa, and the Potawatomi Peoples), and of the Huron-Wendat Peoples. We value the significant historical and contemporary contributions of local and regional First Nations and all of the Original Peoples of Turtle Island who have been living and working on the land from time immemorial.

3.

Declarations of Conflict of Interest

There were no declarations of conflict of interest noted at this time.

4.

Adoption of Published Agenda

4.1

Committee of Adjustment Meeting Agenda for May 22, 2024

• COA24-05-33
  Moved By Dorene Lester
  Seconded By Danny Sauve

  That the published agenda for the May 22, 2024 Committee of Adjustment Meeting be adopted as presented.

  Carried

5.

Adoption of Minutes

5.1

Committee of Adjustment Minutes for April 16, 2024

• COA24-05-34
  Moved By Dorene Lester
  Seconded By Matthew Child

  That the minutes of the Committee of Adjustment meeting held April 16, 2024 be adopted as circulated.

  Carried

6.

Reports from Administration/Applications

6.1

B-08-24 William Robertson c/o Blair Robertson, 15403 County Road 8

A consent application has been received by the Town of Essex Committee of Adjustment for the lands located at 15403 County Road 8, former Colchester North. The applicants are proposing to sever a + 1,304 square metre (14,040 square foot) parcel from the existing + 2,963 square metre (31,896 square foot) rural residential lot. The retained rural residential lot is proposed to have an area of + 1,658 square metres (17,856 square feet). The applicant is proposing this consent for the creation of one (1) rural residential lot.

Ian Rawlings, Junior Planner, provided an overview of the application by way of a Report from the Planning Services Department, whereby the report recommended the approval of the application with the conditions specified.  The proposed consent application was brought before the Committee of Adjustment and granted approval on March 15th, 2022. However, the consent application was deemed to have lapsed as the associated conditions were not completed prior to March 15, 2024.

Mr. Blair Robertson and William Robertson spoke to the Applications at hand. Blair advised that due to Covid and increased costs, he was unable to finalize the conditions of the Consent within the allotted time.

• COA24-05-35
  Moved By Dorene Lester
  Seconded By Phil Pocock, Chair

  That application Consent application B-08-24 be approved to create one rural residential lot (R1.3) by severing a + 1,304 square metre (14,040 square foot) parcel from the existing + 2,963 square metre (31,896 square foot) rural residential lot with the following conditions:

  1. That at the time the conveyance is prepared for certification, a reference plan prepared by an Ontario Land Surveyor, which has been numbered, dated, signed and registered, be submitted to the satisfaction of the Town of Essex;
  2. That the appropriate documents for the conveyance be prepared and suitable for registration. All copies shall have original signatures and one digital copy will remain as a record with the Town;
  3. That at the time the conveyance is presented for certification, a tax certificate from the Treasurer of the Town or evidence showing all taxes for the current year have been paid in full to the date of consent approval, as well as any and all arrears owing on the total parcel, shall be submitted to the Town;
  4. That an apportionment of assessment pursuant to Section 65 of The Drainage Act, R.S.O. 1990, and amendments thereto, be provided to the satisfaction of the Drainage Superintendent for the Town of Essex, if deemed necessary by the Town;
  5. That the applicant pays the applicable parkland dedication fee charged against the lot created by consent and that the payment be made prior to the stamping of the deeds and/or issuance of the certificate;
  6. That all of the above conditions be fulfilled on or before May 22, 2026, as per Section 53(41) of the Planning Act, R.S.O. 1990.

  Reason for Decision:

  That Application B-08-24 is in keeping with subsection 6.4 of the Town of Essex Official Plan respecting "Consents".

  Carried

6.2

A-08-24 William Robertson c/o Blair Robertson, 15403 County Road 8

An application for minor variance has been received by the Town of Essex Committee of Adjustment for the lands located at 15403 County Road 8, former Colchester North. As a result of severance for the creation of a rural residential lot (File No. B-08-24), the lot width for the severed parcel will be reduced from + 54.01 metres (177.2 feet) to + 23.77 metres (78 feet). Therefore, relief is required from Zoning By-law 1037, Residential District 1.3 (R1.3), Section 14.3 b) i) which states: the minimum lot width is the lesser of 30 metres (98.5 feet) or as lawfully existing.

• COA24-05-36
  Moved By Dorene Lester
  Seconded By Matthew Child

  That application A-08-24 be approved with the requested relief from Zoning By-law 1037, Residential District 1.3 (R1.3), Section 14.3 b) i) which states: the minimum lot width is the lesser of 30 metres (98.5 feet) or as lawfully existing.

  Reason for the Decision:

  1. The general intent of the Town of Essex Official Plan is maintained;
  2. The general intent of the Zoning Bylaw is maintained;
  3. The variance(s) is minor;
  4. The variance(s) is desirable for the appropriate use of the land;
  5. The variance is compatible with the established character of the neighborhood, traffic and parking patterns;
  6. The variance deals with circumstances particular to the site and development.
  Carried

6.3

B-09-24 Ruth Revenberg / W. Brady Holding Corporation c/o Ed Hooker / Frank Rappa, 1324 South Malden Road

A consent application has been received by the Town of Essex Committee of Adjustment for the lands located at 1324 South Malden Road, former Colchester North. The applicants are proposing to sever a + 1.62 hectare (4 acre) parcel from the existing + 20.41 hectare (50.43 acre) agricultural lot. The retained agricultural lot is proposed to have an area of + 18.62 hectares (46 acres). The applicants are proposing this consent because the dwelling has been deemed surplus to the needs of the farming operation.

Ian Rawlings, Junior Planner, provided an overview of the application by way of a Report from the Planning Services Department, whereby the report recommended the approval of the application with the conditions specified. 

William Baker, Vice Chair, read a letter received May 22, 2024 detailing the reasons for requesting 4 acres or 1.6 hectares for this Surplus lot application.  The 4300 square foot home, built in 2019-2020 during Covid, has 2 dwellings.  Ms. Revenberg, would like to build a barn and have a hobby farm with grazing area to accommodate chickens, goats and potentially a pig during her retirement.  There is a long family history of farming, and she wishes to continue to utilize the property for agricultural purposes.

Matthew Child questioned if Wayne Brady Holding Company was a farming operation, which Corinne Chiasson confirmed as they have a Farm Business Registration number and have completed the Farm Consolidation form listing at least 2 agricultural properties where they are receiving financial interest.

Corinne Chiasson identified that the Official plan does state the surplus dwelling lot should not be greater than 1 hectare or 2.47 acres, unless there are extenuating circumstances, heritage features, manmade features (windbreak) or consolidation of outbuildings.  Ms. Revenberg is requesting 1.62 hectare = approximately 4 acres.  The house is set very far back from the road, with septic located in the front yard, the additional acreage is requested to accommodate a large pole barn for future agricultural use.  

• COA24-05-37
  Moved By Danny Sauve
  Seconded By Phil Pocock, Chair

  That Consent application B-09-24 be approved to sever a + 1.62 hectare (4 acre) parcel from the existing + 20.41 hectare (50.43 acre) agricultural lot, via surplus severance with the following conditions:

  1. That at the time the conveyance is prepared for certification, a reference plan prepared by an Ontario Land Surveyor, which has been numbered, dated, signed and registered, be submitted to the satisfaction of the Town of Essex;
  2. That the appropriate documents for the conveyance be prepared and suitable for registration. All copies shall have original signatures and one digital copy will remain as a record with the Town;
  3. That at the time the conveyance is presented for certification, a tax certificate from the Treasurer of the Town or evidence showing all taxes for the current year have been paid in full to the date of consent approval, as well as any and all arrears owing on the total parcel, shall be submitted to the Town;
  4. That an apportionment of assessment pursuant to Section 65 of The Drainage Act, R.S.O. 1990, and amendments thereto, be provided to the satisfaction of the Drainage Superintendent for the Town of Essex, if deemed necessary by the Town;
  5. That a septic test report be completed and filed with the municipality by a Certified Septic System Installer confirming that the septic system(s) meet Part 8 of the Ontario Building Code (OBC) regulations prior to the stamping of the Deeds and/or the issuance of the certificate.
  6. A restricted development layer will be applied to the property upon provisional consent approval on the Town’s Geographic Information System (GIS);
  7. That, prior to the granting of this consent, the requested variance should be granted by the Committee of Adjustment to accommodate the reduction in minimum lot area for the retained and severed parcel;
  8. That the retained agricultural parcel of approximately 18.62 hectares be conveyed to W. Brady Holding Corporation as per the signed purchase agreement;
  9. That all of the above conditions be fulfilled on or before May 22, 2026, as per Section 53(41) of the Planning Act, R.S.O. 1990.

  Reason for Decision:

  That Application B-09-24 is in keeping with subsection 6.4 of the Town of Essex Official Plan respecting "Consents" and subsection 6.5 respecting "Consents in Areas Designated Agricultural."

  Carried

6.4

A-09-24 Ruth Revenberg / W. Brady Holding Corporation c/o Ed Hooker / Frank Rappa, 1324 South Malden Road

An application for minor variance has been received by the Town of Essex Committee of Adjustment for the lands located at 1324 South Malden Road, former Colchester North. As a result of a surplus severance on the subject lands, the lot area for the severed and retained parcels will be reduced from + 20.41 hectares (50.43 acres) to + 1.62 hectares (4 acres) and + 18.62 hectares (46 acres), respectively. Relief is therefore, required from Section 13.1 b) ii) of the Zoning By-law which states: The minimum lot area for lots within Agricultural District 1.1 (A1.1) is 40 hectares (100 acres) or as existing.”

• COA24-05-38
  Moved By Danny Sauve
  Seconded By Phil Pocock, Chair

  That application A-09-24 be approved with the requested relief required from Section 13.1 b) ii) of the Zoning By-law which states: The minimum lot area for lots within Agricultural District 1.1 (A1.1) is 40 hectares (100 acres) or as existing.”

  As a result of the surplus severance on the subject lands, the lot are for the severed and retained parcels will be reduced from + 20.41 hectares (50.43 acres) to + 1.62 hectares (4 acres) and + 18.62 hectares (46 acres), respectively. 

  Reason for the Decision:

  1. The general intent of the Town of Essex Official Plan is maintained;
  2. The general intent of the Zoning Bylaw is maintained;
  3. The variance(s) is minor;
  4. The variance(s) is desirable for the appropriate use of the land;
  5. The variance is compatible with the established character of the neighborhood, traffic and parking patterns;
  6. The variance deals with circumstances particular to the site and development.
  Carried

6.5

B-10-24 A.F.F. Farms Ltd. c/o Karl G. Melinz, 0 Gore Road

A consent application has been received by the Town of Essex Committee of Adjustment for the lands located at 0 Gore Road, former Colchester South. The applicants are proposing to sever a + 0.63 ha (1.56 acre) parcel from the existing +61.05 ha (150.87 acre) agricultural lot to be added to the adjacent property identified as 1248 Gore Road. The retained agricultural lot is proposed to have an area of + 60.3 ha (149 acres). The applicant is proposing this consent for the purposes of a lot addition.

Ian Rawlings, Junior Planner, provided an overview of the application ultimately recommending approval of the application with conditions specified.

Mr. Felix Weigt-Bienzle owner A.F.F. Farms Ltd. retired from farming in 2020 and all land is currently sharecropped. The parcel identified is too small for the big farm equipment to get into properly and has been mowed for 5 years.  The neighbours had approached Mr. Weigt-Bienzle to purchase the identified parcel for eight years to add to their property at 1248 Gore Road.

Mr. Tom Oriet from Karl Melinz Law firm specified this application is really a 1.5 acre boundary line adjustment enhancing the efficiency of the land use by making it easier for planting for A.F.F. Farms and providing a larger pasture for the horses at 1248 Gore Road.

• COA24-05-39
  Moved By Matthew Child
  Seconded By Phil Pocock, Chair

  That Consent application B-10-24 be approved to sever a + 0.63 ha (1.56 acre) parcel from the existing +61.05 ha (150.87 acre) agricultural lot to be added to the adjacent property identified as 1248 Gore Road with the following conditions:

  1. That at the time the conveyance is prepared for certification, a reference plan prepared by an Ontario Land Surveyor, which has been numbered, dated, signed and registered, be submitted to the satisfaction of the Town of Essex;
  2. That the appropriate documents for the conveyance be prepared and suitable for registration. All copies shall have original signatures and one digital copy will remain as a record with the Town;
  3. That at the time the conveyance is presented for certification, a tax certificate from the Treasurer of the Town or evidence showing all taxes for the current year have been paid in full to the date of consent approval, as well as any and all arrears owing on the total parcel, shall be submitted to the Town;
  4. That an apportionment of assessment pursuant to Section 65 of The Drainage Act, R.S.O. 1990, and amendments thereto, be provided to the satisfaction of the Drainage Superintendent for the Town of Essex, if deemed necessary by the Town;
  5. That the severed parcel be consolidated with the lands known as 1248 Gore Road. In accordance with Subsection 3 of Section 50 of the Planning Act, the applicant shall submit to the Secretary-Treasurer satisfactory evidence that the transferee of the severed portion of the property and the owner of the abutting property are identical, together with an undertaking from the applicant’s solicitor to consolidate the severed portion and the abutting into one parcel. Within thirty days of the issuance of the certificate of consent to sever, the applicant shall provide evidence to the Secretary-Treasurer that an application to consolidate parcels has been filed with the Land Registry Office;
  6. That all of the above conditions be fulfilled on or before May 22, 2026, as per Section 53(41) of the Planning Act, R.S.O. 1990.

  Reason for Decision:

  That Application B-10-24 is in keeping with subsection 6.4 of the Town of Essex Official Plan respecting "Consents" and subsection 6.5 respecting "Consents in Areas Designated Agricultural."

  Carried

6.6

B-11-24 Jarrod & Margaret Banyai / Silva Homes Inc., 4644 4th Concession Road

A consent application has been received by the Town of Essex Committee of Adjustment for the lands located at 4644 4th Concession Road, former Colchester South. The applicants are proposing to sever a + 0.81 hectare (2 acre) parcel from the existing + 21.45 hectares (53 acre) agricultural lot. The retained agricultural lot is proposed to have an area of + 20.64 hectares (51 acres). The applicant is proposing this consent because the dwelling has been deemed surplus to the needs of the farming operation.

Ian Rawlings provided an overview of the application and recommended approval with the specified conditions.

Ms. Karen Robertson detailed her concerns for the application being brought forward for surplus severance.  Karen is the neighbouring property owner and has seen 3 family farms lost to severances in the area within the last year.  She is concerned about the potential development in the area as there is currently declining levels in the aquifer.  Severing these parcels changes the neighbourhood from small family farms and makes it more difficult to see small family farms develop or exist in the future.

Corinne Chiasson agreed that the area is seeing a trend in surplus dwellings as farmers are retiring.  Surplus dwelling lots have a restrictive layer applied to the property so no dwellings can be built.  Farming structures are permitted in the A1.1 zoning which may include barns, farm labour housing or other farming structures, but no single-family dwellings would be permitted.  The parcel is not near the settlement boundaries and would not allow for subdivisions or other development at this time.

Silva Homes Inc. does own 2 farm properties and has a Farm Business registration number and therefore meets the criteria for surplus dwelling severance by a farm operation.

• COA24-05-40
  Moved By Phil Pocock, Chair
  Seconded By William Baker, Vice Chair

  That Consent application B-11-24 be approved to sever a + 0.81 hectare (2 acre) parcel from the existing + 21.45 hectares (53 acre) agricultural lot, via surplus severance, with the following conditions:

  1. That at the time the conveyance is prepared for certification, a reference plan prepared by an Ontario Land Surveyor, which has been numbered, dated, signed and registered, be submitted to the satisfaction of the Town of Essex;
  2. That the appropriate documents for the conveyance be prepared and suitable for registration. All copies shall have original signatures and one digital copy will remain as a record with the Town;
  3. That at the time the conveyance is presented for certification, a tax certificate from the Treasurer of the Town or evidence showing all taxes for the current year have been paid in full to the date of consent approval, as well as any and all arrears owing on the total parcel, shall be submitted to the Town;
  4. That an apportionment of assessment pursuant to Section 65 of The Drainage Act, R.S.O. 1990, and amendments thereto, be provided to the satisfaction of the Drainage Superintendent for the Town of Essex, if deemed necessary by the Town;
  5. That a septic test report be completed and filed with the municipality by a Certified Septic System Installer confirming that the septic system(s) meet Part 8 of the Ontario Building Code (OBC) regulations prior to the stamping of the Deeds and/or the issuance of the certificate.
  6. A restricted development layer will be applied to the property upon provisional consent approval on the Town’s Geographic Information System (GIS);
  7. That, prior to the granting of this consent, the requested variance should be granted by the Committee of Adjustment to accommodate the reduction in minimum lot area for the retained and severed parcel;
  8. That all of the above conditions be fulfilled on or before May 22, 2026, as per Section 53(41) of the Planning Act, R.S.O. 1990.

  Reason for Decision:

  That Application B-11-24 is in keeping with subsection 6.4 of the Town of Essex Official Plan respecting "Consents" and subsection 6.5 respecting "Consents in Areas Designated Agricultural."

  Carried

6.7

A-10-24 Jarrod & Margaret Banyai / Silva Homes Inc., 4644 4th Concession Road

An application for minor variance has been received by the Town of Essex Committee of Adjustment for the lands located at 4644 4th Concession Road, former Colchester South. As a result of a surplus severance on the subject lands, the lot area for the severed and retained parcels will be reduced from + 21.45 hectares (53 acre) to + 0.81 hectare (2 acre) and + 20.64 hectares (51 acres), respectively. Relief is therefore required from Section 13.1 b) ii) of the Zoning By-law which states: The minimum lot area for lots within Agricultural District 1.1 (A1.1) is 40 hectares (100 acres) or as existing.”

• COA24-05-41
  Moved By Danny Sauve
  Seconded By Dorene Lester

  That application A-10-24 be approved with the requested relief from Section 13.1 b) ii) of the Zoning By-law which states: The minimum lot area for lots within Agricultural District 1.1 (A1.1) is 40 hectares (100 acres) or as existing.” As a result of a surplus severance on the subject lands, the lot area for the severed and retained parcels will be reduced from + 21.45 hectares (53 acre) to + 0.81 hectare (2 acre) and + 20.64 hectares (51 acres), respectively.

  Reason for the Decision:

  1. The general intent of the Town of Essex Official Plan is maintained;
  2. The general intent of the Zoning Bylaw is maintained;
  3. The variance(s) is minor;
  4. The variance(s) is desirable for the appropriate use of the land;
  5. The variance is compatible with the established character of the neighborhood, traffic and parking patterns;
  6. The variance deals with circumstances particular to the site and development.
  Carried

7.

Adjournment

• COA24-05-42
  Moved By Phil Pocock, Chair
  Seconded By Dorene Lester

  That the meeting be adjourned at 6:20 p.m.

  Carried

8.

Future Meetings

Tuesday, June 18, 2024, at 5:00 p.m. at Town Hall, Council Chambers, 33 Talbot Street South, Essex.