THE CORPORATION OF

HALDIMAND COUNTY

Committee of Adjustment Minutes

Meeting #:

Date:

Tuesday, April 22, 2025

Time:

9:00 A.m. - 12:00 P.m.

Location:

Haldimand County Administration Building - Council Chambers

Members Present

• P. Brown, Chair
• C. Bowman, Member
• P. Fleck, Member
• P. Makey, Member
• D. Ricker, Member
• B. Snyder, Member
• B. Wagter, Member

Staff Present

• J. Cleaver, Secretary Treasurer, Committee of Adjustment
• K. Wheatley, Senior Planner
• C. Tang, Planner

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A.

Call to Order

Chair Brown called the meeting to order at 9:00 a.m.

B.

Land Acknowledgement

Member Makey read the Land Acknowledgement.

C.

Roll Call

All members of the Committee were present.

D.

Disclosures of Pecuniary Interest

None.

E.

Approval of Previous Committee of Adjustment Meeting Minutes

1.

Committee of Adjustment Minutes - March 25th, 2025

• Moved By: P. Makey, Member
  Seconded By: P. Fleck, Member

  That the minutes of the March Committee of Adjustment meeting be approved as circulated.

  APPROVED

F.

Hearings Re: Consents

1.

PLB-2024-263 - Connie DiGregorio

No representation present

Member Fleck makes comment on property size including the shape and sewage that could cause potential drainage issues.

Planner Andrews responds that this will be dealt with, as condition 3 requires full lot grading plan and retention walls.

• Moved By: B. Wagter, Member
  Seconded By: B. Snyder, Member

  THAT application PLA-2024-263 be APPROVED, subject to the attached conditions. The application is consistent with the Provincial Planning Statement, 2024 and conforms with the intent and purpose of the Haldimand County Official Plan and Haldimand County Zoning By-law HC 1-2020, as amended for the subject lands by By-law Number 1378-HC/24.

  APPROVED

2.

PLB-2025-014 - James Neil McCallum

Micheal Fowler (Agent) Present 

Chair Brown asks if all properties are to be consolidated as one

Agent Fowler confirms that is correct

Member Fleck asks why the properties were severed in the first place if they belong to the same owner

Agent Fowler responds that once all completed, they were not all originally owned by current owner.

• Moved By: D. Ricker, Member
  Seconded By: P. Fleck, Member

  THAT application PLA-2024-014 be APPROVED, subject to the attached conditions. The application is consistent with the Provincial Planning Statement, 2024 and conforms to the intent and purpose of the Haldimand County Official Plan and Haldimand County Zoning By-law HC 1-2020.

  APPROVED

3.

PLB-2025-028 - Villam Ltd.

Edward McCarthy (Agent) Present

Agent McCarthy has no comments other than concern of the right of way for the hydro line

Planner Andrews recommends that HydroOne condition be amended

Member Makey asks about water source, and puts motion on the floor to amend the HydroOne condition

Applicant confirms that water source is on the property

Member Fleck notes that he did not see the sign posted

Member Makey confirms that it blew down a bit but it was there

Don Ricker asks for confirmation of the size of the severed lands beign 2 acres

Planner Andrews confirms yes, County Official Plan does allow for some flexibility consideration for the lots that are appropriate to be larger and do not impact the agricultural properties.

Don Ricker asks why we typically recommend refusal to surplus farm dwelling severances over 1.6 hectares, where this one is appropriate 

Planner Andrews responds that each application is reviewed differently and this one was appropriate 

• Moved By: P. Makey, Member
  Seconded By: B. Snyder, Member

  THAT application PLB-2025-028 be APPROVED, subject to the attached conditions. The application is consistent with the Provincial Planning Statement, 2024 and conforms to the intent and purpose of the Haldimand County Official Plan and Haldimand County Zoning By-law HC 1-2020.

  APPROVED

4.

PLB-2025-037 - Jonathon Creighton

Jonathon Creighton present (applicant)

No comments or concerns.

• Moved By: D. Ricker, Member
  Seconded By: B. Wagter, Member

  THAT application PLB-2025-037 be APPROVED, subject to the attached conditions. The application is consistent with the Provincial Planning Statement, 2024 and conforms to the intent and purpose of the Haldimand County Official Plan and Haldimand County Zoning By-law HC 1-2020.

  APPROVED

G.

Hearings Re: Minor Variances

1.

PLA-2025-032 - Harry J. Wood

Applicant not present

No comments or concerns

• Moved By: P. Fleck, Member
  Seconded By: P. Makey, Member

  THAT application PLA-2025-032 be APPROVED. The application meets the four tests of a minor variance.

  APPROVED

2.

PLA-2025-040 - Arnold Eising and Karen Eising

Kim Hessel (agent) present

Kim Hessels has issues with condition for lot grading since the previous lot grading plan was already approved.

Planner Andrews recommends waiving the condition,

Member Makey comments that the lands are zoned commercial but residential is being developed on the subject lands

Planner Andrews responds that it is legal non-conforming.

Member Makey asks how could we confirm they would not put a store in the residential dwelling 

Planner Andrews replies that there would not be anything stopping that since it was already in commercial and that it would be encouraged since the zoning is commercial

Member Makey asks what the intent of the application is

Agent Hessels responds that the intent is only residential

• Moved By: C. Bowman, Member
  Seconded By: P. Fleck, Member

  THAT application PLA-2025-040 be APPROVED subject to the attached conditions. The application meets the four tests of a Minor Variance and is considered appropriate and compatible development.

  1. Receipt of a letter from the Planning & Development Division indicating that their requirements, regarding a lot grading plan to address surface drainage of the property, have been satisfied. Please note that the owner/developer is responsible to have the grading plans prepared/stamped/signed by a qualified Professional Engineer as per Haldimand County Design Criteria. Contact the Development & Design Technologist at 905-318-5932, ext. 6253, if further clarification required. Please allow approximately six (6) to eight (8) weeks for completion of this process.
  APPROVED

H.

Hearings Re: Previously Deferred Matters

1.

PLA-2024-166 - David Rose

Kim Hessels (Agent) Present, David Rose (Applicant)

Agent Hessels has concerns for conditions 1 and 2, regarding the septic evaluation

Secretary Treasurer replies that these conditions came directly from building

Planner Andrews confirms that the application is to allow access to the retained lands 

Applicant comments if there is not enough room for septic as is, would they not just need to add fill to the lot?

Planner Andrews comments that we require the septic evaluation to esnrue that septic can function properly, as we require class 4 septic to fit on the property

Member Makey opinion is condition 1 & 2 for septic evaluation be amended. 

Member Fleck agrees and it is his opinion we should only be dealing with the lot lines. 

Member Fleck would like to motion to remove conditions 1 and 2

Conditions 1 and 2 are removed. 

• Moved By: B. Wagter, Member
  Seconded By: B. Snyder, Member

  THAT application PLA-2024-166 be approved subject to the condition below.

  APPROVED

I.

Other Business

No other business discussed.

J.

Adjournment

• THAT this meeting is now adjourned at 11.07am