Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 06, 2021
CASE NO(S).: PL210280
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Duane & Shelly Akins
Subject: Minor Variance
Variance from By-law No.: 034-2014
Property Address/Description: 11210 Golf Course Road
Municipality: Township of Wainfleet
Municipal File No.: A05/2021W
OLT Case No.: PL210280
OLT File No.: PL210280
OLT Case Name: Akins v. Wainfleet (Township)
Heard: September 27, 2021 by Video Hearing
APPEARANCES:
| Parties | Representative |
|---|---|
| Duane Akins | Self-represented |
| Township of Wainfleet | Not represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON SEPTEMBER 27, 2021 AND ORDER OF THE TRIBUNAL
Background
1The subject property is located on the west side of Golf Course Road, between the Gord Harry Trail and Lakeshore Road, and is known municipally as 11210 Golf Course Road, in the Township of Wainfleet (“Township”). The subject property is zoned Lakeshore Residential – RLS.C10 under Zoning By-law No. 034-2014 and presently contains a single detached dwelling and two smaller sheds, one of which is portable. The property is approximately 2.5 hectares in total area.
2Duane Akins (the “Applicant”) wishes to construct a 167 square metre accessory building (detached garage) on his property in order to store vehicles, tractors and seasonal powersports equipment.
3In support of this intention, the Applicant applied to the Township’s Committee of Adjustment (“CoA” or “Committee”) for a minor variance from the Township’s Zoning By-law No. 034-2014 to request relief from the maximum accessory lot coverage of 100 square metres, as the proposed accessory structure of 167 square metres and the two smaller existing sheds at 8.8 square metres each will total 185 square metres.
4The Township’s Planning Report, which was provided to the CoA at the April 21, 2021 meeting, concluded that the proposal met the four (4) tests of Minor Variance and recommended approval of the request.
5At the CoA meeting of April 21, 2021, although a report from planning staff recommended approval of the requested variance, the application was denied by the Committee.
The Hearing
6The Applicant was self-represented at the Hearing and did not call any expert witnesses.
7The Township of Wainfleet was not represented at the Hearing, neither by counsel nor planning staff.
8There were no requests for Party or Participant status at the Hearing.
9The Applicant advised the Tribunal that the staff report of April 21, 2021, contained a thorough review of the proposal and the application of the four tests. The Tribunal relied on the staff report of April 21, 2021 and the Applicant’s oral submission in adjudicating this matter.
The Four Tests
10As per s. 45(1) of the Planning Act, the four tests must be considered when evaluating a minor variance application. The four tests are as follows:
Does the application meet the general intent and purpose of the Official Plan;
Does the application meet the general intent and purpose of the Zoning By-law;
Is the requested variance minor in nature, and;
Is the requested variance desirable for the appropriate development or use of the land, building or structure.
Does the Variance Meet the General Intent of the Official Plan(s)
11The subject property is designated Lakeshore Residential in the Township Official Plan. Permitted uses within the Lakeshore Residential Area include seasonal and year-round single detached dwellings, secondary suites, tourist cabins and resorts, bed and breakfast establishments, group homes, communal housing and day care facilities. Other uses include home occupations, parks and open spaces, and public and private utilities.
12The staff report stated that a single detached dwelling along with any structure accessory to the dwelling are a permitted use.
13It was staff’s opinion that the proposed variance meets the intent and maintains the goals and objectives of the Township Official Plan.
Does the Variance meet the General Intent of the Zoning By-law
14The staff report stated that the proposed accessory building is a permitted use in the Residential Lakeshore - RLS.C10 zone. The accessory building has been sited to comply with the setback and height requirements but exceeds the accessory building lot coverage. Zoning By-law No. 034-2014 permits a maximum of 100 square metres for accessory buildings and the Applicant is requesting 185 square metres. A larger accessory building (167 square metres) is needed to accommodate a personal workshop and storage of vehicles, tractors and seasonal powersports equipment. The Applicant would also like to keep two smaller sheds on the property - these sheds (8.8 square metres each) also contribute to the requested accessory building lot coverage.
15The subject property is approximately 2.5 hectares in size, which is much larger than a typical Lakeshore area property and as such, can accommodate larger structures. In their report, staff opined that the proposed accessory building will not affect the amount of amenity space or the ability to service the dwelling with a septic system and it is significantly less than the permitted overall lot coverage of 10%. The proposed accessory building, existing sheds and the dwelling have an overall lot coverage of 1.8%.
16Staff stated that, in their opinion, the proposed variance meets the intent of the Zoning By-law.
Is the Variance Minor in Nature
17Staff stated that while an increase of 85 square metres may appear as a significant increase if taken out of context, it represents less than 1% of the total lot area. The increase in lot coverage is considered reasonable and appropriate given the context of the area and the proposed accessory building has been located to minimize impacts on adjacent properties and the streetscape.
18It is staff’s opinion that the proposed variance is minor in nature and will not generate any negative impacts on adjacent properties.
Is the Variance Desirable for the Appropriate Development or Use of the Land
19The staff report stated that the proposed accessory building represents appropriate development for the subject property as it is an accessory use to the dwelling. The proposed accessory building has minimal impact on the streetscape due to the existing vegetation along the frontage of Golf Course Road and the tree/bush line along the farm field to the north of the subject property. Additionally, the proposed accessory building is partially screened from the adjacent lots to the south and south-west with existing vegetation.
20It is staff's opinion that the proposed variance is considered desirable and an appropriate development of the lands.
Analysis and Findings
21Based on the thorough review and evidence provided via the Township’s planning staff report dated April 21, 2021 and the oral submission of the Applicant, the Tribunal finds that the proposal meets the general intent of the Official Plan, meets the general intent of the Zoning By-law, is minor in nature and is desirable for the appropriate development or use of the land.
22The Tribunal discussed the siting of the proposed accessory structure in relation to the existing dwelling with the Applicant. He agreed to move the structure as far west as possible and as far north as possible on his property, subject to existing site conditions, to minimize visual impacts to the south and south-west. It was agreed that the existing vegetation will assist in partial screening from the adjacent lots to the south and south-west.
Order
23The Tribunal Orders that the appeal is allowed and the variance to the Township of Wainfleet’s Zoning By-law No. 034-2014 is authorized, subject to the following conditions:
That the Applicant site the proposed accessory structure, in consultation with Township staff, in a location to minimize visual sightline impacts to the south and south-west; and,
That the Applicant comply with all approval processes with Township staff in obtaining a building permit.
“T. Prevedel”
T. PREVEDEL
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.