May 22, 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
May 22, 2003
MEMBERS PRESENT:
Chairman: Duncan McPhail
Members: Trudy Balint, Brad Bandeen,
Michael Mooser, Graham Warwick
STAFF PRESENT:
Joanne Groch Secretary -Treasurer
ALSO IN ATTENDANCE:
Ted Halwa Planning Consultant
Chairman Duncan McPhail called the meeting to order at 10:00 a.m.
RES. NO. 1 Moved by Balint
Seconded by Bandeen
RESOLVED that the Committee of Adjustment hereby appoints Joanne
Groch as Acting Secretary-Treasurer in the absence of Norma Bryant.
DISPOSITION: Carried
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, Charlie Cronkite, Thelma Gillies and Willard Carnegie.
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 objections.
Ted Halwa, Planning Consultant reported that the lands are designated Rural
Residential in the Township of Aldborough Official Plan and are zoned Rural Residential
Two (RR2) and Agricultural (A1) in the Township of Aldborough Zoning By-law 90-50.
The applicant proposes to construct a single unit detached dwelling on the northernmost
of two parcels which is zoned A1 and which is legally separated by a Hydro One
transmission corridor from the smaller southernmost parcel which is zoned RR2. Under
the Zoning By-law a lot may not be used and buildings and structures may not be
erected unless the lot abuts an improved street (Section 4.5) and has frontage on that
street (Section 4.10). A minimum frontage of 15 metres is also required under Section
4.7. The proposed single unit dwelling is subject to all applicable yard requirements of
the A1 zone.
Discussion arose as to whether the laneway at the rear of the property was a public road
and could be used for access. The Secretary advised that the laneway was not a public
road.
May 22, 2003…Pg 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 8, 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:
i. That an easement in perpetuity be obtained from Hydro One and
said easement document be registered on title.
ii. That parts 1,3,4 & 5 Plan 11R-7479 are registered and maintained
in the same name and title.
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
Trudy Balint Committee Member
Brad Bandeen Committee Member
Duncan McPhail Committee Member
SUBJECT: ADJOURNMENT
RES. NO. 3 Moved by Bandeen
Seconded by Mooser
RESOLVED that this Committee of Adjustment Meeting, held under
Section 44(5) of the Planning Act be hereby adjourned.
DISPOSITION: Carried
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These minutes were adopted the 12 day of June, 2003.
___________________________ ___________________________
Chairman Secretary-Treasurer