June 19, 2003 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
June 19, 2003
MEMBERS PRESENT:
Chairman: Duncan McPhail
Members: Brad Bandeen, Michael Mooser, Graham
Warwick
STAFF PRESENT:
Norma Bryant Secretary -Treasurer
Chairman Duncan McPhail called the meeting to order at 1:30 p.m.
SUBJECT: MINOR VARIANCE APPLICATION A-4/2003 – CHRISTOPHER &
SANDRA LEYS
The Chairman announced that a Minor Variance Application of Christopher & Sandra
Leys, Part of Lot 17, Concession 8 will be considered.
Also present: Sandra Leys, Thelma Gillies and Willard Carnegie.
The Secretary/Treasurer advised that this second public meeting was called to correct
the property description and address issues raised by Canadian National Railways not
previously brought forward. It was 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 objections. Correspondence was also received
from Canadian National Railway Properties, which noted conditions regarding buffering
and setbacks.
Ted Halwa, Planning Consultant was not in attendance Committee was referred to his
th
report dated June 18, 2003. The report referred to correspondence dated June 11,
2003 from CN outlining their requirements for buffering where a dwelling is proposed
closer than 120 metres and a vibration study if closer than 75 metres. Mr. Halwa noted
that CN has acknowledged mitigation is possible by maintaining a minimum separation
distance between the railway and the proposed single unit dwelling. CN has also
requested a chain link fence be erected along the mutual property line. Mr. Halwa
advised that through discussions with CN fencing is recommended, however the
decision is the Committee’s given the distances involved.
June 19, 2003…..Page 2 of 2
RES. NO. 2 Moved by Bandeen
Seconded by Warwick
RESOLVED that the Committee of Adjustment grants the minor variance
application from Christopher & Sandra Leys, located on Part of Lot 17,
Concession VIII, to provide relief under Aldborough Zoning By-law 90-50,
specifically Sections 4.5, 4.7 and 4.10, to permit a single unit dwelling on a
parcel of land not having direct frontage on a public road, subject to the
following conditions:
1. That an easement for the purposes of allowing access at all times
and for all purposes between Part 1 and part 3 is granted in
perpetuity over Part 2 by the owner thereof to the owners of Parts 1,
3, 4 and 5 and all successors in title as described on Plan 11R-
7479.
2. That Parts 1,3,4 & 5 Plan 11R-7479 are registered and maintained
in the same name and title.
3. That a minimum rear yard width of 75 metres applies to any single
unit dwelling or dwelling unit notwithstanding any requirements of
the Zoning By-law to the contrary.
Reasons: i. The intent of the Township of Aldborough official Plan is maintained
ii. The intent of the Township of Aldborough 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:
Graham Warwick Committee Member
Michael Mooser Committee Member
Brad Bandeen Committee Member
Duncan McPhail Committee Member
SUBJECT: ADJOURNMENT
RES. NO. 2 Moved by Bandeen
Seconded by Warwick
RESOLVED that this Committee of Adjustment Meeting, held under
Section 44(5) of the Planning Act be hereby adjourned.
DISPOSITION: Carried
h
These minutes were adopted the 10 day of July, 2003.
___________________________ ___________________________
Chairman Secretary-Treasurer