Committee of Adjustment Agenda

Transcription

1 TOWN OF GRIMSBY Committee of Adjustment Agenda Tuesday, August 9, :00 p.m. Town Hall, 160 Livingston Avenue Page 1. Call to Order 2. Disclosure of Interest 3. Minutes 2-6 i) Minutes of Committee of Adjustment Meeting of July 19, Minor Variance 7-8 i) A Roberta Davis Lot 10 Plan Geddes Street, Grimsby ON 9-10 ii) A Susan Golfi & Zenia Horton Part of Lot 5 Concession Main Street East, Grimsby ON 5. Adjournment Page 1 of 10

2 Agenda item i) The Corporation of the Town of Grimsby Present: K. Antonides, Chairperson N. Andreychuk R. Bennett H. Nobes P. Settimi Staff: J.R. Schonewille, Secretary/Treasurer Committee of Adjustment Meeting Minutes Town Hall Council Chambers 160 Livingston Avenue July 19, Call to Order The meeting was called to order at 7:pm, Tuesday July 19, 2016 in the Council Chambers. 2. Disclosure of Interest The Chairperson outlined the procedures of the Committee for all in attendance and asked if any members had a pecuniary interest. No pecuniary interests being declared. 3. Minutes Minutes of Committee of Adjustment meeting of June 21, a) Minutes of Committee of Adjustment meeting of June 21, CA Moved by H. Nobes; Seconded by R. Bennett; Resolved that the minutes of the Committee of Adjustment meeting of June 21, 2016 be approved as circulated. CARRIED Page 2 of 10

3 4. Minor Variance a) A Jacobus & Anne Marie Haas Part of Lot 5 Concession Elm Tree Road East, Grimsby ON Committee of Adjustment July 19, 2016 The Committee then considered Submissions A-26/16 by Jacobus & Anne Marie Haas to allow for the reconstruction of a new Single Dwelling Unit with a lot coverage of 11.5% in the Specialty Crop (SC) Zone at #192 Elm Tree Road East, Grimsby The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation #787/80. Correspondence was received from: Town Planning Department: No objections. Page 2 of 5 Agenda item i) Mrs. Anne Mari Haas appeared before the Committee to support the application. Mrs. Haas noted that she and her husband had been residents of Grimsby for 21 years and have a local business. They purchased this property 6 years ago to eventually build a home in the country. They also require garage space for their lawn equipment. Their neighbours are not opposed to the improvement to the property and are pleased with their plans. The structure will be a bungalow as the previous home was. They are preserving all the trees and shrubs as before the new home was planned. Michelle Seaborn, Alderman, owner stated her opinion that the house was in need of removal and that in her opinion no agricultural activity will occur on this small parcel. Page 3 of 10

4 Page 3 of 5 Agenda item i) Committee of Adjustment July 19, 2016 CA Moved by N. Andreychuck; Seconded by P. Settimi; Resolved that Submission A-26/16 by Jacobus & Anne Marie Haas, to allow for a Minor Variance of the provisions of By-law as amended, to permit maximum Lot coverage % (6.2.1) in the Specialty Crop (SC) Zone Section 6 at #192 Elm Tree Road East, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. b) A Filan Inc. Part Lot L East Gore 585 Sobie Road, Grimsby ON CARRIED The Committee then considered Submission A-25/16 by Filan Inc., to allow for the establishment of a Medical Marihuana Grow Operation in an existing greenhouse facility with a sideyard setback of 20 metres in the Specialty Crop (SC) Zone at #585 Sobie Road, Grimsby The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation#787/80. Correspondence was received from: Town Planning Department - No objections. Mr. Shan Jamal, representative for the owner, appeared before the Committee to support the application and stated a current licence to Page 4 of 10

5 Page 4 of 5 Agenda item i) Committee of Adjustment July 19, 2016 operate is in place. The company will make application for a marihuana licence for medical purposes (MMPR) from Health Canada which is very involved and restrictive. They forecast a maximum production startup costs of over $300, The application to Health Canada could take 2 years for approval. They can build further back on the property should they care to expand. The new Greenhouses would be built by GGS which incorporates a carbon filter system to minimize odour. The company (THCRX) would make the applications to Health Canada and would lease from the current owner. There would be tight security including, fencing, fingerprint access, RCMP screening, video and lighting. The current soybean farm land would not be disturbed if the application was approved for the existing layout. The new lease would hope for a licence to have production of 40,000 sq ft and could be upwards of 100,000 sq ft. Ms. Anise Drzazga of 615 Sobie Road read her letter submitted to the committee on July 18, 2016 noted that though she is not opposed to medical marihuana use, criminal activity should not be wrapped in an agricultural area. Ms. Sheila Don and Mr. Chris Thornton of 581 Sobie Road noted that they are not opposed to medical marihuana the history of the property under the current owner has been punctuated with illegal activity. They noted that there was a fire which was disturbing in its size and lack of attention by the workers at that time. The period before the fire there were a number of police contacts with the owner with regards to criminal activity. They are very concerned with the value of their property being adjacent to a derelict structure that currently sits on the site. Mr. John Drzazga of 615 Sobie Road noted his oppositions to the proposed large facility. Ms. Sandra Romagnoli of 592 Kemp Rd E who backs onto the applicants property also noted she is not opposed to medical marihuana she is opposed to the odour of a grow operation. She has 2.5 acres on which she has lived for 30 years and has experienced a Page 5 of 10

6 5. Adjournment Page 5 of 5 Agenda item i) Committee of Adjustment July 19, 2016 drop in the water table in that time. She is concerned with the ability of the water resources to fill the requirements of greenhouses and the property value of her home. Mr. Shan Jamal clarified that 110,000 sq ft of greenhouse already exist. Ms. Romagnoli expressed her concern about the esthetics of the proposed development and the potential growth of the facility. Ms. Michele Seaborn, Alderman noted that she had been on the Planning Committee and feels that the owner should use the depth of the lot to build and not request a change in the setbacks. Mr. Dave Kadwell, Alderman stated that he felt the application was not minor in nature. CA Moved by P. Settimi; Seconded by R. Bennette; Resolved that Submission A-25/16 by Filan Inc. to allow for a Minor Variance of the provisions of By-Law as amended for the establishment of a Medical Marihuana Grow Operation in an existing greenhouse facility with a sideyard setback of 20 metres in the Specialty Crop (SC) Zone at #585 Sobie Road, Grimsby be denied for the following reasons: 1. The Variance is not minor in nature and is deemed as premature in, the movers opinion. 2. The intent of the Official Plan and Zoning By-law is not maintained. 3. The proposal is not desirable for the appropriate development of the land. CARRIED Page 6 of 10

7 3 TOWN OF GRIMSBY Agenda item i) File Number A-27/16 COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING OF APPLICATION FOR MINOR VARIANCE THE PLANNING ACT, R.S.O. 1990, SECTION 44 AND 45. Name of REGARDING AN ROBERTA DAVIS Applicant APPLICATION BY #17 GEDDES STREET, GRIMSBY, ONTARIO, L3M 1J3 LOCATION OF LOT 10 PLAN 403 PROPERTY #17 GEDDES STREET, GRIMSBY, ONTARIO Brief Description PURPOSE OF APPLICATION: TO ALLOW FOR THE CONSTRUCTION OF A NEW 7.3 METRE As set out in the X 7.3 METRE ACCESSORY BUILDING WITH A SIDE YARD SETBACK OF.76 METRES, IN A app?cation RURAL (RU) ZONE AT #17 GEDDES STREET, GRIMSBY. BY-LAW 14-45, RURAL (RU) ZONE SECTION 6.0 _ Zoning Minimum Side Yard Setback Metres (Table 2) Requirement TAKE NOTICE that an Application under the above File Number will be heard by the Committee on the date, time and place shown below. DATE: Tuesday, August 9, 2015 Time: 7:00 p.m. PLACE: MUNICIPAL OFFICE, 160 LIVINGSTON AVENUE, GRIMSBY, ONTARIO L3M 4G3 PUBLIC HEARING: You are entitled to attend this Public Hearing in person to express your views about this Application, or you may be represented by Council for that purpose. If you are aware of any person interested in or affected by this Application who has not received a copy of this Notice, you are requested to inform that person of this Hearing. If you wish to make written comments on this Application, please fonnard to the Secretary/Treasurer of the Committee at the address shown below. FAILURE TO ATTEND HEARING: If you do not attend at the Hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice in the proceedings. Non attendance of the Applicant and/or his authorized representative or agent may result in the denial of the Application in accordance with the Rules of Procedure of the Committee of Adjustment. NOTICE OF DECISIO N: A copy of the Decision of the Committee will be sent to the Applicant and to each on who appeared in person or by Counsel at the Hearing and who has filed with the Secretary/Treasurer a writte uest for notice of the Decision. DATED this 28th day of July, 2016 Secret reasurer Committee Adjustment of Grimsby P.O. Box 1, 160 Livin n Avenue 4G3 Page 7 of 10

8 Agenda item i) : \\. /Ia 2. 4 m Page 8 of 10

9 Permitted Agenda item ii) TOWN OF GRIMSBY File Number A-28/16 COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING OF APPLICATION FOR MINOR VARIANCE THE PLANNING ACT, R.S.O. 1990, SECTION 44 AND 45. Name of REGARDING AN SUSAN GOLFI & ZENIA HORTON Applicant APPLICATION BY #168 MAIN STREET EAST, GRIMSBY, ONTARIO, L3M 1P4 LOCATION OF PART OF LOT 5 CONCESSION 2 PROPERTY #168 MAIN STREET EAST, GRIMSBY, ONTARIO Brief Description PURPOSE OF APPLICATION: TO ALLOW FOR THE CONSTRUCTION OF A 23.2 SQAURE As set out in the METRE ONE STOREY ADDITION TO THE EXISTING DWELLING WITH A SIDEYARD application SETBACK OF 2.93 METRES AND A COVERED PORCH WITH A SIDE YARD SETBACK OF.92 METRES IN A NEIGHBOURHOOD COMMERCIAL ZONE (NC) ZONE AT #168 MAINSTREET EAST, GRIMSBY. Zoning Requirement BY-LAW 14-45, NEIGHBOURHOOD COMMERCIAL(NC) ZONE SECTION 9.0 Dwelling Unit only at or above the second storey. (Q1) TAKE NOTICE that an Application under the above File Number will be heard by the Committee place shown below. on the date, time and DATE: Tuesday, August 9, 2015 Time: 7:00 p.m. PLACE: MUNICIPAL OFFICE, 160 LIVINGSTON AVENUE, GRIMSBY, ONTARIO L3M 4G3 PUBLIC HEARING: You are entitled to attend this Public Hearing in person to express your views about this Application, or you may be represented by Council for that purpose. If you are aware of any person interested in or affected by this Application who has not received a copy of this Notice, you are requested to inform that person of this Hearing. If you wish to make written comments on this Application, please forward to the Secretary/Treasurer of the Committee at the address shown below. FAILURE TO ATTEND HEARING: Ifyou do not attend at the Hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice in the proceedings. Non-attendance of the Applicant and/or his authorized representative or agent may result in the denial of the Application in accordance with the Rules of Procedure of the Committee of Adjustment. NOTICE OF DECISION: A copy of the Decision of the Committee will be sent to the Applicant and to each person who appeared in person or by Counsel at the Hearing and who has filed with the Secretary/Treasurer a written for notice of the Decision DATED this 29th day of July, 2016 Sec rer ittee Adjustment T of Grimsby P.O. Box L n Avenue Grims ON L3M 4G3 Page 9 of 10

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