Township of Elizabethtown-Kitley Notice of Committee of Adjustment Meeting Applications for An Extension to a Non Conforming Use & Minor Variances (Section 45 of the Planning Act, 1990, R.S.O.) Date of Meeting: Thursday, April 7, 2016 Time of Meeting: 4:00 p.m. Location: Council Chambers, 6544 New Dublin Road Application: A03/16*, (Kennedy) 1937/1939 County Rd.2 A04/16, (James Ross Limited) 4503 Rowsome Rd.E. A05/16, (O Shaughnessy) 540 Sherwood Bay Lane * Please refer to reverse side of this notice for details regarding this application. Note to Any Potentially Interested Persons: You have been circulated with this notice under the Planning Act, as you are a property owner within 60 m (200ft) of the subject property as asterisked (*) above or are a potentially interested agency/party. If you have no objections it is not necessary for you to attend this meeting or make submissions. Any interested party may attend the public meeting and/or make written or oral submissions on the application. Any written submissions by parties unable to attend the meeting are requested to be submitted to the Secretary-Treasurer by noon (12:00 p.m.) on the date of the meeting. All submissions received will remain in the subject file and will not be returned. If you wish to be notified of the Decision of the Committee of Adjustment in respect of this application, you must submit a written request to be notified to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the Decision since the Committee of Adjustment Decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Additional information concerning the application is available at the Township's New Dublin Municipal Office, 6544 New Dublin Road, during normal office hours. Dated March 18, 2016 Barbara A. Kalivas, Secretary-Treasurer Committee of Adjustment Township of Elizabethtown-Kitley 6544 New Dublin Road R.R. #2, Addison, ON KOE 1A0 Phone (613) 345 7480, Fax (613) 345-7235 Email: bkalivas@elizabethtown-l<itlev.on.ca
' hence Application: A03/16 (Kennedy Property) Location: Concession 1, Pt. Lot 1(Geographic Elizabethtown) Street Address: 1937/1939 County Rd.2 Purpose and Effect: The applicant is seeking an extension/enlargement to a non-conforming use (1939 County Rd.2) under Section 45(2) of the Planning Act ap_c_la minor variance/relief from Zoning By-law 13-21, as amended, under Section 45(1) of the Planning Act. The existing cottage like dwelling structure located close to the St. Lawrence River (and addressed as 1939 County Rd. 2) is on the same property as the main dwelling located close to County Rd. 2 (and addressed as 1937 County Rd. 2). This cottage dwelling use is a legal non-conforming (a second dwelling use) on this property. As an addition and alteration/enlargement in volume is proposed, to provide for an internal stairway access to access a proposed new basement/ce//ar space under the cottage, permission under Section 45(2) of the Planning Act is required to permit the proposed residential construction additions/alterations to this non-conforming use. The cottage/dwelling is proposed to be raised and a basement constructed under the existing 987 sq.ft. dwelling. This will result in an increase to the cottage/dwelling height, to provide for a foundation construction under the dwelling. An internal basement height between the floor and underside of the beam is proposed to be 6.5 ft. at maximum. Also, a 14.2 by 5.9 sq.ft. (84 sq.ft.) one-storey addition is also proposed onto the north west corner of the dwelling to provide for an internal stairway construction to access the proposed new basement area from the main floor of the dwelling. With the above constructions, a cottage/dwelling size of 1071 sq.ft., with full basement underneath would result. The proposal requires relief from Zoning By-law 13-21, as amended: Section 3.13 Non-Conforming Uses and Non-Complying Uses, Buildings and Structures: 3. Repair, Restoration and Reconstruction of Non-Conforming Uses or Non-Complying Uses, Buildings or Structures where the height, size and volume of the building shall not be increased except in accordance with Section 3.13.5 or 3.13.6 as applicable. (where 3.15.5 provides that a legal non-conforming use shall not be enlarged or extended, except with the permission of the Committee of Adjustment for the Township pursuant to the provisions of the Planning Act and the Official Plan AO3/16 has been filed to seek permission).
6. Enlargements of Non-Complying Uses, Buildings or Structures which provides that a legal non comp ying structure shall not be enlarged except in accordance with all applicable provisions of the By-/aw. The proposed basement excavation/addition requires the following zoning by awvariance: Section 3.27, 2. Water setbacks where the minimum water setback shall be 30m (98.4 ft) for all buildings where the following construction setbacks are proposed from the floodline of the St.Lawrence River: - 12 m (39 ft. ) +/- to the existing dwelling and proposed basement area at its closest point and; - 21 m (70 ft.) +/- to the proposed one storey addition onto the north west corner of the dwelling. Attached is a SITE PLAN of the property, identifying the location of the subject dwelling and proposed addition/basementaddition and their locations and a surveyed sketch of the PROPOSED FOUNDATION depicting the floodplain location. These lands are not the subject of any other application under the Planning Act. Additional information concerning this application is available at the Township's New Dublin Municipal Office, 6544 New Dublin Road, during normal office hours.
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Application: A04/ 16 (James Ross Properties Ltd.) Location: Ft. Lot 20, Con. 4 (Geographic Elizabethtown) Street Address: 4503 Rowsome Rd.E. (Applicant -= J. Bergwerff) Purpose and Effect: The applicant is seeking relief from Zoning By law13-21, as amended, to permit the construction of a 371.6 sq.m. (4,000 sq.ft.) one-storey addition onto the existing industrial facility (for manufacturing/assembly use). To permit the proposed addition, relief from Zoning By-law 13-21, as amended, including the following provision is required: Business Park Industrial (MBP) Zone: Section 7.2, 2., Lot Coverage (maximum) 20% where the current permitted lot coverage at 23.67% would result in being 26.6% with the proposed industrial addition. A Location Map and Site Plan are attached to identify the location of the property and the location of the proposed addition. These lands are also the subject of a site plan amendment application under the Planning Act, related to the proposed addition. This application is being processed concurrently. Additional information concerning this application is available at the Township's New Dublin Municipal Office, 6544 New Dublin Road, during normal office hours.
A04/16 Location Map 4503 Rowsome Road E. James Ross Properties Inc
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Application: A05/ 16 (O Shaughnessy Property) Location: Concession 1, Pt. Lot 18(Geographic Elizabethtown) Street Address: 540 Sherwood Bay Lane Purpose and Effect: The applicant is seeking an extension/enlargement to a nonconforming/non-complying boathouse under Section 45(2) of the Planning Act 1 minor variance/relief from Zoning By-law 13-21, as amended, under Section 45(1) of the Planning Act. The existing 8 ft. high, 379 sq.ft. (17.5 ft. wide by 21.66 ft. long) boathouse located 3 ft. +/ to the west side property line is proposed to be replaced by a new 10 ft. high, 653 sq.ft. boathouse (19.0 ft. wide by 35 ft. long) proposed to be located 1.75 ft. +/ to the west side property line. In addition, a rooftop deck on the new boathouse with stairway access is proposed, in addition to a 5 ft. by 19 ft. cantilevered balcony off the south end of the boathouse. Privacy lattice is proposed along the west side of the rooftop deck. The existing boathouse is located in a legal non-conforming/non complying location on the property, being 3 ft. +/ to the west property line. As an enlarged sized boathouse, at a higher height is proposed, permission under Section 45(2) of the Planning Act is required to permit the proposed reconstruction of a larger boathouse. The proposal requires relief from Zoning By-law 13-21, as amended: Section 3.13 Non-Conforming Uses and Non-Complying Uses, Buildings and Structures: 3. Repair, Restoration and Reconstruction of Non-Conforming Usesor Non-Complying Uses, Buildings or Structures where the height, size and volume of the building shall not be increased except in accordance with Section 3.13.5 or 3.13.6 as applicable. (where 3.15.5 provides that a legal non~conforming use shall not be enlarged or extended, except with the permission of the Committee of Adjustment for the Township pursuant to the provisions of the Planning Act and the Official Plan hence A05/16 has been filed to seek permission). 6. Enlargements of Non-Complying Uses, Buildings or Structures which provides that a legal non-complying structure shall not be enlarged except in accordance with all applicable provisions of the By /aw. The proposed enlarged boathouse requires the following zoning by awvariance: Section 3.1, 3., where a marine facility (boathouse, which can include a deck on top) shall provide a minimum side yard setback of 4.5 m (14.76 ft. where 3 ft. +[- currently exists and 1.75 ft.+ 1- is proposed.
Attached is a LOCATION MAPof the property and a SITE SKETCHES of the west waterfront area of the property, which identifies the EXISTING BOATHOUSE and setback to property line and the PROPOSED NEW ENLARGEDBOATHOUSE (with new cantilevered balcony/stairway and deck proposed above) Note: a deck above the new boathouse is proposed with privacy lattice along the west side. These lands are not the subject of any other application under the Planning Act. Additional information concerning this application, including proposed building A plans, is available at the Township's New Dublin Municipal Office, 6544 New Dublin Road, during normal office hours.
A05/16 EXISTING BOATHOUSE