June 22, 2006 Public Rezoning Meeting Newman
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
PUBLIC MEETING
WEST ELGIN COUNCIL CHAMBERS
JUNE 22, 2006
MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle
Councillors: Trudy Balint, Mary Bodnar, Michael Mooser
STAFF PRESENT: Norma Bryant Clerk
ALSO IN ATTENDANCE:
Ted Halwa Planning Consultant
SUBJECT: REZONING – PART LOT 4, CONC IX – RUTH NEWMAN
Also in attendance: Blair and Karen Schweitzer
The Mayor called the meeting to order at 10:15 a.m.
The Clerk informed those present that notice of this meeting had been given under
Section 34(12) of the Planning Act by prepaid first class mail to all assessed owners
within 150 metres of the subject property as well as provincial agencies and ministries
as prescribed by regulation. Correspondence was received from the Lower Thames
Valley Conservation Authority advising of no objections. Correspondence was read
from Blair and Karen Schweitzer.
The proposed amendment would continue to permit an additional dwelling unit on part of
Lot 4, Concession IX and fronting on the south side of Pioneer Line south of the Village
of Rodney (as shown on the attached key map). The owner of the parcel, Ruth Ann
Newman, is seeking permission to continue to use the dwelling unit for the purposes of
providing accommodation for a caregiver for a period of 10 years. The Municipality
previously adopted a temporary use by-law in 2001 to permit the dwelling unit; however,
the by-law expired in 2004 following the lapsing of the maximum three year period for
such by-laws.
The subject lands comprise a rectangularly-shaped parcel having an area of 5,383
square metres (1.3 acres), a depth of 61.5 metres (202 ft) and a frontage of 87.7 metres
(288 feet). The parcel is occupied by a single unit dwelling with attached garage to which
is attached the accessory dwelling unit. The dwelling unit has a floor area of 71.3 square
metres (768 sq. ft.). The accommodation is required for attendant care for Ms Newman
who is a quadriplegic.
The lands are zoned Special Agricultural (A2) in the Township of Aldborough Zoning By-
law. A maximum of one dwelling lot is permitted on a lot (Section 6.1.13) whereas the
proposed amendment would permit a maximum of two dwelling units on the subject
lands. At such time as the dwelling unit ceases to be occupied for the purpose intended,
or at such time as the By-law expires, the dwelling unit would be demolished, removed
from the lot or converted to non-residential purposes. The existing agreement between
the Municipality and the owner which addresses the terms and conditions under which
the dwelling unit is permitted, would require revision.
June 22, 2006 …Pg 2 of 2
Under the Planning Act, a temporary dwelling unit may be permitted up to 10 years
provided the dwelling unit qualifies as a garden suite. A garden suite is defined in the
Act as ... a one-unit detached residential structure containing bathroom and kitchen
facilities that is ancillary to an existing residential structure and that is designed to be
portable. As the subject dwelling unit has not been designed or constructed to be
portable, the temporary use period could not exceed three years. Alternatively,
consideration may be given to allowing the dwelling unit as-of-right without any condition
pertaining to its occupancy or period of existence.
'
The subject lands are designated 'Agricultural in the Township of Aldborough Official
Plan.
The Planner noted that to be considered as a garden suite, it must be designed and
constructed to be portable and if portable a ten year period can be granted.
Councillor Mooser asked about the requirement for a health care worker? Mrs.
Schweitzer noted that there is no one there that is qualified. The Clerk noted that her
son is looking after her.
Mr. Schweitzer asked what happens if she goes into a nursing home, they don’t want
two apartments.
The Mayor noted that with a three year limit there is more control. If she moves, then
the agreement is null and void.
The Planner noted that after the time period has lapsed, they are required to convert to
what is permitted or get rid of the structure.
An agreement is required and the Planner was directed to prepare it. Once the
agreement is signed, a temporary use by-law will be introduced.
The pubic meeting was adjourned.
th
These minutes were adopted on this 13 day of July, 2006.
______________________________ _______________________________
MAYOR CLERK