June 1, 2009 PAC Minutes

1....
CALL TO ORDER
 
The Town of Grand Bay-Westfield Planning Advisory Committee met for a regular meeting on Monday, June 1, 2009 at 8:05 p.m. with Chairman, Ralph Stevens presiding.
2. RECORD OF ATTENDANCE
 
All Members were present.
3. PLANNING ADVISORY COMMITTEE MINUTES OF MAY 4, 2009
 
“…moved Ron Daigle to accept as presented the May 4, 2009 Planning Advisory Committee Minutes ...”
 
Seconded by Jim Burke. Carried.
4. (A)    REGULAR COUNCIL MINUTES OF APRIL 27, 2009
(B)    REGULAR COUNCIL MINUTES OF MAY 11, 2009
 
“… moved by Cllr. Brenda Murphy to receive and file the April 27 and May 11, 2009 Regular Council Minutes .…”
 
Seconded by Linda Estabrooks.  Carried.
5.
 CHAIRMAN’S REMARKS
   
Cllr. Brenda Murphy was welcomed as Council Liaison due to the absence of Cllr. Bev Day.  
 
The Chairman requested the following Items be added to the Agenda: 
 
* Item # 13(b) Re:  Letter received from Thomas & Catherine Partridge dated June 1, 2009
 
“…moved by Chyann Kirby to add Item # 13(b) to the Agenda….”
 
       Seconded by Cllr. Brenda Murphy.
 
* Item # 14 Re:  PAC Summer Meeting Schedule
 
“…moved by Jim Burke to add Item # 14 to the Agenda….”
 
       Seconded by James Evans.  Carried.

* Item # 15  Re:  Adjournment

“…moved by Ron Daigle to add Item # 15 to the Agenda….”
 
Seconded by Jim Burke.  Carried.
6. DECLARATION OF CONFILCT OF INTEREST
 
None.
7. RECOMMENDATION TO COUNCIL/APPLICATION FOR VARIANCE  RE:  DON MYLES – CHESTNUT HILL ESTATES SUBDIVISION, PHASE 1
(A) DEVELOPMENT OFFICER’S REPORT DATED MAY 28, 2009
 
Applicant, Don Myles was present and stated he had nothing further to add to the above mentioned Application. 
 
There was no one present speaking in favor of or against this Application.
   
       “…moved by Ron Daigle:
       
1.    that the Planning Advisory Committee approve the name Myles Terrace and recommend to Council to assent to the name on the Final Subdivision Plan, based on the Tentative Subdivision Plan dated May 27, 2009 as prepared by Kierstead Quigley & Roberts Ltd.;
 
2 .    that the Planning Advisory Committee approve the following Variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 101, for the purpose of constructing a double car garage on the end of the 4-unit townhouse, to be located as shown on the Tentative Subdivision Plan, Chestnut Hill Estates, dated May 27, 2009 as prepared by Kierstead Quigley & Roberts Ltd.:
 
a) under Section 8.2.3.3(d), grant a Variance of 1.41 m to reduce the required Front Yard Setback from 7.5 m to 6.09  m;
 
3.    that the Planning Advisory Committee approve the following Variance to the Town’s Subdivision By-law, Town of Grand Bay-Westfield By-law No. 102, for the purpose of constructing a residential cul-de-sac to be located as shown on the Tentative Subdivision Plan, Chestnut Hill Estates, dated May 27, 2009 as prepared by Kierstead Quigley & Roberts Ltd.,
 
a) under Schedule “A” Drawing 2L, grant a Variance of 1.41 m to reduce the required radius for a cul-de-sac right-of-way from 25 m to 18 m to accommodate a 14 m radius curbed pavement surface….”
 
Seconded by Cllr. Murphy.  Carried.
8. APPLICATION FOR VARIANCE
    RE:    BRUCE GRAHAM  – 5 TANGLEWOOD COURT
  (A)    DEVELOPMENT OFFICER’S REPORT DATED MAY 22, 2009
 
    Applicant, Bruce Graham was not present regarding his Application for Variance. 
 
    There was no one present speaking in favor of or against this Application.
 
    “…moved by Linda Estabrooks that the Planning Advisory Committee approve the following Variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 101, for the purpose of renovating the existing structure with an addition to the bedroom area and provision of new uncovered front deck, to be located as shown on the site plan at 5 Tanglewood Court, PID No. 30046692:
 
a)    under Section 8.2.1.3(d), grant a Variance of 1.3 m to reduce the required Front Yard Setback from 7.5 m to 6.2  m…
 
       Seconded by Jim Burke.  Carried.
9. APPLICATION FOR DISCRETIONARY USE     
    RE:    TOWN OF GRAND BAY –WESTFIELD – 4 FERRY ROAD
    (A)    DEVELOPMENT OFFICER’S REPORT DATED MAY 27, 2009
 
    There was no one present speaking in favor of or against this Application.
     
“……moved by Cllr. Brenda Murphy that the Planning Advisory Committee approve the following Request for Discretionary Use under the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 101, to permit the construction/location of a kiosk structure and emergency generator, to be located as per submitted site plan at 4 Ferry Road, PID No. 30243935….”
 
Seconded by James Evans.  Carried.
10.  
APPLICATION FOR VARIANCE
    RE:    MALCOLM HAMILTON – 425 NEREPIS ROAD
   (A)    DEVELOPMENT OFFICER’S REPORT DATED MAY 28, 2009
   (B)    LETTER FROM MATTHEW & ROBYNE FOSTER RECEIVED MAY 28, 2009
 
    Applicant, Malcolm Hamilton was present regarding his Application for Variance to construct an addition to his existing detached garage, requesting to increase the maximum allowed area of 75 m² to 157.6 m². 
 
     Mr. Hamilton addressed the Committee and advised the following:
 
* the purpose of this Application is to construct a new garage bay to house his tractor cab and to do general maintenance on it;
* he prefers to construct the addition at the back of his property, leaving the tree line all the way around;
* he does not wish to put it at the front of his property for esthetic reasons;
* he feels his proposal will not affect his neighbours, as he has a large treed lot and they are at a higher elevation than his property. 
 
The Committee informed Mr. Hamilton that his Application is much greater than typical requests for minor variances and questioned him on other options.  Mr. Hamilton stated that he does not wish to construct the garage any where but at the back and that his only other option would be to connect the garage to his house or by a breeze-way, and in doing so, would not require a Variance.
 
There was no one else present speaking in favor of or against this Application.
 
Letter received from Mr. and Mrs. Foster sated no objection to this Application.
 
“…moved by James Evans that the Planning Advisory Committee deny the Request for a Variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 101, to increase the maximum area of accessory buildings, located at 425 Nerepis Road, PID No. 458687….”   
 
Seconded by Jim Burke.  Carried.
11. APPLICATION FOR VARIANCE
RE:  SUZANNE HENWOOD & J. D. HOHMANN – 42 YOUNG ST.  
(A)    DEVELOPMENT OFFICER’S REPORT DATED MAY 28, 2009
(B)    LETTER FROM JAMIE BONE DATED MAY 28, 2008     
 
    Applicants Suzanne Henwood and J. D. Hohmann were present with regard to their Request for Variance for the location of an accessory building (which is under construction), within 1.8 m of the street line,   therefore exceeding the 7.5 m as stated in the By-law.
 
Letter received from Jamie Bone states opposition to this Application due to the location, as he feels it creates a visual barrier to traffic in the southeast corner.  A copy of the letter was given to Mr. Hohmann for his perusal. 
 
In response to Mr. Bone’s comments, Mr. Hohmann submitted photos of his property to the Committee for their viewing, which in his  opinion, depicts no obstruction to traffic in the area.     
 
    Mr. Hohmann then addressed the Committee and advised the following:
 
* this is just a temporary location for the structure in question,  as he plans to construct a garage off Pine Street next year;
* he now realizes that the shed is partially on the Kirtley Street right-of-way (which is closed during the winter months), he had not realized where his property pin is located; 
* he intends this to be a temporary storage space and plans to remove the shed once his garage is built this fall or next spring.
 
The Committee questioned Mr. Hohmann as to whether there was any other place he could relocate the shed, as it is now situated on land that he does not own, and if indeed he was willing to move it.
Mr. Hohmann advised that there is no other place for the shed at this time as there is a 4 ft drop off from Pine Street. However, he stated that he could shift the back corner of the shed around and then have it removed at a future date when he builds his garage.     
 
There was no one present speaking in favor of or against this Application.
 
“…moved by Chyann Kirby that the Planning Advisory Committee approve the following Variance Request to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 101, for the proposed accessory structure, shown on the submitted site plan at 42 Young Street, PID No. 330188700:
 
a) under section 8.2.1.3 (d), grant a variance of 5.7 m, to reduce the required set back from Kirtley Avenue from 7.5 m to 1.8 m,
 
subject to the temporary structure being moved from the present location to meet the 1.8 m setback from the property line and that the structure be removed from the property by September 1, 2010….”
 
Seconded by Jim Burke.  Carried.
13.
 APPLICATION FOR VARIANCE     
        RE:    JOSEF HOHMANN – 150 RIVER VALLEY DRIVE
     (A)        DEVELOPMENT OFFICER’S REPORT DATED MAY 28, 2009
 
Applicant, Josef Hohmann was present with regard to his Application for Variance to convert a former Non-Conforming Use (Residential) to Commercial retail space, therefore requiring Variances with regard to the Front Yard Setbacks.
 
Mr. Hohmann submitted photos to the Committee depicting types of decorative metal works/fences he proposes to manufacture and sell from this location.  
 
* this is Phase 1 – to fix up the building and build a garage; 
* the existing front entry porch is to be removed, which would allow for 1 additional parking space;
* there will be 2 parking spaces along the side of the building in front of the garage doors;
* a deck is planned on the Elsie Lane side of the property and the new entry and garage will be off the River Valley Drive;
* he is aware that the hill on River Valley Drive is a challenge, however, plans are to build the driveway up which will make it higher than the road and enhance visibility;
* there will be no welding done in this building and no general repair business is proposed;
* to restrict tractor trailers delivering materials, they will do their own transporting with a smaller truck.
 
The following people were present speaking in favor of this Application:
 
* Brent Hohmann – son of Applicant, Josef Hohmann.
 
Mr. Brent Hohmann advised that he has just moved home from Alberta and will be working with his father.
 
* Brenda Graham – 9 Harmony Road
 
Ms. Graham advised that she formally owned the property in question and thinks this new business will be good for the Town.
 
The following people were present speaking against this Application
 
* Shandra Short – 174 River Valley Drive
 
Mrs. Short raised an issue of traffic safety as a major problem, and also the fact that there are no sidewalks going up the hill on that side of River Valley Drive posses another danger. 
 
The Committee stated to the Hohmans’ their concerns with regard to safety.  Due to the fact parking is proposed at the front of the building and in front of the garage, there will be no room for vehicles to turn around, therefore forcing people to back out onto River Valley Drive.
 
 
“…moved by Chyann Kirby that the Planning Advisory Committee approve the following Variances to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 101, for the purpose of renovating the existing structure for Commercial Use, with provision for an unenclosed deck on the rear of the building, to be located as shown on the proposed site plan at 150 River Valley Drive, PID No. 219246:
  
1) under Section 9.2.1.3(d):
i) grant a Variance of 13.0 m to reduce the required Front Yard Setback from 15.0 m to 2.0 m from the Elsie Lane right-of-way, (requiring the deck to also maintain the 2 m setback); and
ii) deny a Variance of 9.6 m to reduce the required Front Yard Setback on River Valley right-of-way to allow for a new garage and loading area;
 
Seconded by James Evans.
 
Upon hearing this, Mr. Joseph Hohmann stated that the property does have access onto Elsie Lane and that parking at the back would be an option, in order to accommodate a turn around area.
 
Chyann Kirby then amended her motion to read as follows:
 
“…moved that the Planning Advisory Committee approve the following Variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 101, for the purpose of renovating the existing structure for Commercial Use, with provision for an unenclosed deck on the rear of the building, to be located as shown on the proposed site plan at 150 River Valley Drive, PID No. 219246:
 
1) under Section 9.2.1.3(d):
i)    grant a Variance of 13.0 m to reduce the required Front Yard Setback from 15.0 m to 2.0 m from the Elsie Lane right-of-way, (requiring the deck to also maintain the 2 m setback); and
ii)    grant a Variance of 9.6 m to reduce the required Front Yard Setback from 15.0 m to 5.4 m from the River Valley right-of-way to allow for a new garage and loading area;
 
subject to providing all required parking spaces at the back of the building….”
 
Seconded by James Evans.  Carried.
13. APPLICATION FOR DISCRETIONARY USE
    RE:    WOANGJEAN KIM – 22 EDGEMOUNT DRIVE
   (A)    DEVELOPMENT OFFICER’S REPORT DATED MAY 20, 2009
   (B)    LETTER FROM THOMAS & CATHERINE PARTRIDGE RECEIVED JUNE 1, 2009
 
    Applicant, Woangjean Kim was not present with regard to his Application for a Discretionary Use to operate a Home Occupation (Woodworking Service). 
 
    Letter received from Thomas & Catherine Partridge stated opposition to this Application, due to the following reasons:
 
* Noise; Expansion; Traffic; Precedent; Real Estate Values.
 
There was no one present speaking in favor of or against this Application.
 
    “…moved by Cllr. Brenda Murphy that the Planning Advisory Committee grant approval for a Discretionary Use for the operation of a woodworking service under provisions of Section 5.4 Home Occupations, of the Zoning By-law No. 101 to be located at 22 Edgemount Drive, PID No. 30167654….”
 
    Seconded by Ron Daigle.  Carried.
14.
PAC SUMMER MEETING SCHEDULE
 
“…moved by Jim Burke that the Planning Advisory Committee adopt a summer meeting schedule by cancelling the regularly scheduled meetings of July 20 and August 4, 2009, noting that a special meeting may be called if required….” 
 
    Seconded by Linda Estabrooks.  Carried.

15. ADJOURNMENT
 
“… moved by Ron Daigle to adjourn at 9:04 p.m.…”
 
Seconded by Jim Burke.  Carried.
 
 
Respectfully submitted,

Ralph Stevens,                                                                                 Laylia Nice,
Chairman                                                                                     PAC Secretary