Township of East Garafraxa

Committee of Adjustment Minutes

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In-Person and Virtual (Hybrid)
065371 Dufferin County Road 3, Unit 2, East Garafraxa ON L9W 7J8
Committee Members Present:
  • Chair Guy Gardhouse
  • Committee Member John Stirk
  • Committee Member Lenora Banfield
  • Committee Member Dave Halls
  • Committee Member Jeremy Zukowski
Staff/Consultants:
  • Jessica Kennedy, Secretary-Treasurer
  • Jennifer Maestre, Township Planning Consultant, Fotenn Consultants Inc.
  • Shannon Peart, Administration/Clerk's Dept.

Meeting was held as a hybrid meeting, with in-person and remote participation. 

Chair Gardhouse, and Committee Members Stirk (arrived at 3:50 p.m.), Banfield, Halls and Zukowski were in attendance in-person. 

Chair Gardhouse called the meeting to order. 

  • Moved by:Zukowski
    Seconded by:Halls

    BE IT RESOLVED THAT: The agenda be approved as circulated. 

    CARRIED
  • Moved by:Zukowski
    Seconded by:Banfield

    BE IT RESOLVED THAT: the Committee do hereby adopt the minutes of the November 26, 2024 meeting, as circulated.

    CARRIED

Jennifer Maestre, Fotenn Consultants, the Township Planning Consultant, attended remotely and presented a PowerPoint presentation regarding the property located at 152179 12th Line.

The purpose of the application is to permit a maximum gross floor area (GFA) of 80% for a proposed accessory attached dwelling unit, whereas Zoning By-Law 60-2004, as amended by By-Law 26-2023, permits a maximum GFA of no more than 50% of the main dwelling's gross floor area. The proposed accessory attached dwelling unit will be contained within the existing dwelling, with no changes to the dwelling’s footprint.

Additionally, the variance application seeks to recognize an interior side yard of 3.6 m for the existing dwelling, whereas Section 4.3 of the Rural Residential Zone in Zoning By-Law 60-2004, as amended, requires a minimum interior side yard of 6 m. The reduced interior side yard is an existing condition, and no changes are proposed.

Comments were received from the following:

  • R.J Burnside and Associates, Township Engineering Consultants
    The approval should include a condition that as part of their new sewage system for the additional dwelling unit that a Level IV Treatment Unit with minimum nitrate removal capabilities of at least 75% is installed and maintained for the property.
  • Grand River Conservation Authority (GRCA)
    The subject property at 152179 12th Line is not regulated by the GRCA under Ontario Regulation 41/24.

The application meets the four tests for a minor variance as prescribed under Section 45(1) of the Planning Act, therefore, it is recommended that the application be approved with conditions.

Applicant Derek Knot and owner Rob Vansydenburg attended the meeting and addressed Council regarding the condition of approval related to the Level IV Treatment Unit for the proposed sewage system, as requested by R.J. Burnside & Associates. They noted that the associated costs for this system are significant.

Discussion ensued regarding the requirement for a Level IV Treatment Unit and nitrate removal capabilities.

After considering the comments, the Committee determined it was appropriate to amend the condition, removing the reference to the Level IV Treatment Unit. The motion was amended to note that the proposed sewage system must be to the satisfaction of R.J. Burnside & Associates and the County of Dufferin Building Department.

  • Moved by:Halls
    Seconded by:Banfield

    BE IT RESOLVED THAT: The Consultant Planning Report be received for information; 

    AND THAT the Committee of Adjustment is satisfied that the proposed variance for property location 152179 12th Line, Concession 13, West Part Lot 13, RP 7R4215; Part 1 and Part 2, application A3-24, meets Township objectives and the Committee has considered any appropriate comments from the public and agencies;

    AND THAT the Committee of Adjustment deems the proposal minor in nature and appropriate for the lands, as well as maintaining the general intent and purpose of the Official Plan and Zoning By-law, and approves the application with the following conditions:

    1. The proposed accessory attached dwelling unit under the approval of Application A3-24 shall be in conformity with the design and location of the plans submitted with the application.

    2. The owner/applicant shall obtain a building permit application within one year of the final date of appeal of A3-24.

    3. The owner/applicant shall obtain approval for the new sewage system to the satisfaction of R.J. Burnside and Associates Limited and the County of Dufferin Building Department. 

    4. The approval of the variance shall apply only to the conversion of the existing accessory structure to an accessory attached dwelling unit.

    5. The owner/applicant shall satisfy all conditions of the variance no later than one year from the end of the appeal period established under the Planning Act.
    CARRIED
  • Moved by:Zukowski
    Seconded by:Halls

    BE IT RESOLVED THAT: The Committee do now adjourn to meet again at the call of the Chair.

    CARRIED