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THE MUNICIPALITY OF LAMBTON SHORES CL Report No. 56-2011 Thursday, August 11, 2011 TO: FROM: Mayor Weber and Members of Council Carol McKenzie, Clerk RE: Applications heard by the Committee of Adjustment on July 28, 2011 RECOMMENDATION: For information only. The Committee of Adjustment met on Thursday, July 28, 2011 to hear the following applications: Stephen & Stephanie Mathers – 86 Ontario St. S., Grand Bend – Consent Application B-05/2010 Mr. & Mrs. Mathers have submitted a consent application requesting permission to legally create an already existing easement right-of-way, located on the lands immediately to the north of the restaurant and municipally known as 82 Ontario St. South, also owned by the Applicant. This easement currently allows the patrons of Denny’s Restaurant to exit the parking area with ease as there is not enough room to have both the ingress and egress at the existing south entrance. This application was originally heard in May, 2010, however the Conditions of Approval were not satisfied within the one year time limit prescribed by the Planning Act and therefore, the consent approval lapsed. This application was granted with the following conditions: 1. That the Owner submits to the Municipality of Lambton Shores, two copies of a reference plan, showing the severed and retained lots or submit a written description which is acceptable to the County of Lambton Registrar. 2. That all municipal taxes and local improvements, including interest and penalties thereon, that are owing and payable with respect the lands being severed and the lands from which they are being severed be paid to date. 3. That the easement contains provisions respecting the joint maintenance of the driveway on the easement, which are satisfactory to the Municipality of Lambton Shores.
Gerhard Banman & Andrew Aitken – 9625 Ipperwash Rd. – Consent Application B-06/2011 The Applicants are requesting permission to sever a parcel of land that will have a frontage of 36 metres and a depth of 43.5 metres and will front onto Ipperwash Road. The retained parcel will have a lot area of 1.65 hectares and will be accessed by Beachway Drive. The proposed severed commercial portion is to be sold and the rear portion that is for the most part zoned “Environmentally Protection- Natural Conservation” will be retained by the Applicants. This application was refused as it did not comply with the Provincial Policy Statement. John McMahon – 9917 Nipigon St., Port Franks – Minor Variance Application A- 03/2011 Mr. John McMahon, in March of this year, requested approval of minor variances from the provisions of Zoning By-law 1 of 2003 as they relate to lands known as 9917 Nipigon Street in Port Franks to permit a detached accessory building to be constructed that will have: a) a lot coverage (ground floor building area) of 297.3 m², whereas the By-law permits a maximum lot coverage of 67 m² for accessory buildings; and b) a height of 7.62 metres, whereas the By-law permits an accessory building to have a maximum height of 5.5 metres. The application was deferred for the applicant to revise his application, Mr. McMahon has revised his application a second time and is now proposing a detached accessory building that will have a lot coverage (ground floor building area) of 153.3 m² and a height of 6.7 metres, and is proposed to be constructed in the front yard 13.4 metres from the front lot line (Nipigon Street). This application was granted with the following conditions: 1. That this minor variance applies only to the proposal as presented in Revised Application A-03/2011. Any change to that proposal will require further permission from the Committee. 2. That the Applicant receives prior written permission from the Ausable Bayfield Conservation Authority for the proposed works. 3. That the current septic system be clearly identified and protected throughout the construction process and is not to be utilized as a lay down area for building materials. Gerald Rupke, Agent for Tracy Rupke & David Barkwell – 6804 East Parkway Dr., Ipperwash – Minor Variance Application A-08/2011 The Applicants, in April of this year, requested approval of minor variances from the provisions of Zoning By-law 1 of 2003 as they relate to lands known as 6804 East Parkway Drive, Ipperwash, to permit a detached accessory building to be constructed that would:
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