June 14, 2001 Committee of Adjustment
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
COMMITTEE OF ADJUSTMENT
WEST ELGIN COUNCIL CHAMBERS
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June 14, 2001
MEMBERS PRESENT:
Chairman: Mayor Duncan McPhail
Councilors: Deputy Graham Warwick, Mike Mooser,
Trudy Balint, Brad Bandeen.
STAFF PRESENT:
Linda Cranston Secretary/Treasurer
ALSO IN ATTENDANCE:
Ted Halwa Planning Consultant
SUBJECT: MINOR VARIANCE APPLICATION A-1/2001 – Aida & Maria Oliveira
Chairman McPhail called the meeting to order at 9:30 a.m. to discuss the Minor
Variance Application for Aida & Maria Oliveira, at 199 Main Street, West Lorne.
The Secretary/Treasurer advised that proper notice had been given under Section 44(5)
of the Planning Act. Comments were received from the Lower Thames Valley
Conservation Authority with no concerns.
Ted Halwa, Planning Consultant reported that the lands are zoned Residential First
Density (R1) in the Village of West Lorne Zoning By-law No. 89-20. Ted advised that
the applicants propose to construct a dwelling that would be situated 9.0 metres (29.5
ft.) from the rear lot line (i.e. abutting the Chesapeake & Ohio railway right-of-way)
whereas the By-Law stipulates a minimum distance of 30 metres (94.4 ft.) between the
nearest main wall of a single unit detached dwelling and a railway right-of-way (Section
5.1.12). The variance is required, according to the applicants, to permit the erection of a
dwelling on an undersized building lot which has insufficient depth to accommodate a
dwelling and still maintain the minimum setback from the railway.
Discussions followed, and it was determined that the railway was not used on a very
regular basis. A similar minor variance for a property next to this one on the west side
was allowed last year. The property to the ease is also owned by the applicant and it is
contains a small pond and landscaping. There will be no buildings erected on the pond
property. Ted recommended that the variance be allowed.
RES. NO. 1 Moved by Mooser
Seconded by Warwick
In the matter of Section 44 of the Planning Act, Zoning By-law No. 89-20
as amended, specifically Section 5.1.12, application for minor variance to
allow:
RESOLVED that the applicants be given relief for a minor variance on
the property owned by Aida & Maria Oliveira, located at Part Lot 34,
Registered Plan No. 199, on the north side of Main Street east, and it
will permit a decrease in separation between a single unit dwelling
and a railway right-of-way for a lot in the Residential First Density
(R1) Zone to a minimum of 9.0 metres (29.5 ft.).
Location of the property: Part Lot 34 Registered Plan No. 199
Street Address 99 Main Street East, West Lorne
The request is granted.
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REASONS
:
i) the intent of the Village of West Lorne Official Plan is maintained;
ii) the intent of the Village of West Lorne Zoning By-Law is maintained;
iii) the variance is considered “minor” given the circumstances;
iv) the variance is desirable for the appropriate use and development of
the lands.
Concur in the decision
:
Trudy Balint Committee Member
Graham Warwick Committee Member
Duncan McPhail Committee Member
Mike Mooser Committee Member
Brad Bandeen Committee Member
SUBJECT: ADJOURNMENT
Council adjourned to the Special Session of Council.
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These minutes were adopted this 26 day of July, 2001.
___________________________ ___________________________
Chairman Secretary/Treasurer
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