THE CORPORATION OF

HALDIMAND COUNTY

Committee of Adjustment Minutes

Meeting #:
Date:
Time:
-
Location:
Haldimand County Administration Building - Council Chambers
Members Present
  • P. Brown, Chair
  • C. Bowman, Member
  • P. Makey, Member
  • D. Ricker, Member
  • B. Snyder, Member
  • B. Wagter, Member
Staff Present
  • M. Andrews, Senior Planner
  • J. Cleaver, Secretary Treasurer, Committee of Adjustment
  • S. VanDalen, Manager, Planning & Development
  • K. Wheatley, Supervisor , Planning and Division
  • C. Tang, Planner

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

Chair Brown made a statement regarding the passing of Stewart Patterson and Marie Trainer:

"We recently lost two former members of our Council, Stewart Patterson and Marie Trainer. Stew was a knowledgeable and dedicated contributor not only to the Council but also to the Committee of Adjustment. He served for four years with the Committee of Adjustment and, following that, was successful in his bid to become a Haldimand County Councillor. Marie Trainer served as Mayor of Haldimand County before transitioning to the role of Councillor, dedicating many years of hard work to Haldimand County. Our thoughts and prayers are with their families and friends. Let us now observe a moment of silence in memory of Stewart Patterson and Marie Trainer."

Member Makey read the Land Acknowledgement.

Member Fleck was not present, all other members were present.

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

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

    APPROVED

Henry Westerveld (Applicant) was present

No comments or concerns of application.

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

    THAT application PLB-2024-019 be approved subject to the attached conditions. The application is consistent with the Provincial Planning Statement, 2024 and conforms to the intent of the Haldimand County Official Plan and Haldimand County Zoning By-law HC 1-2020.

    APPROVED

Edward McCarthy (Agent), Henk Lise (Neighbor)

Edward McCarthy comments that the subject lands are surrounded by cedar trees, which contributes to the proposed size of the severed lands. He states that the size provided is the only practical option, and the proposed easements for water, hydro, and gas are necessary to keep the dwelling functional.

Henk Lise expresses concerns about the easement and states that, while they have no concerns about the current owner using the gas well, they will not support the transfer of the gas well.

Member Makey asks the agent who will be responsible for maintaining the water and gas wells.

Edward McCarthy replies that the homeowner will be responsible for maintenance.

Member Ricker comments that this application should not be supported, as the lot size does not meet the required size for surplus farm dwelling severances.

Edward McCarthy responds that, if possible, they would amend the site plan to reduce the lot size. However, they do not see a way to make the lot smaller due to the agricultural lands and mature trees on the property.

Chair Brown explains that some lots are shaped with long driveways, making it difficult to meet the maximum size requirements for surplus farm dwelling severances.

Member Makey agrees with Chairman Brown’s point, but in this situation, he is of the opinion that the application should not be approved.

Edward McCarthy explains that the easements and right-of-ways have been addressed on the site plan and provides an explanation of their necessity for the application.

Henk Lise reiterates that he has no concerns with the current owners having gas rights, but the gas rights should not be transferred to the future residents.

Mark Andrews comments that there was prior discussion with the proponents confirming that the gas lease is registered on title and that Mr. Lise will always retain those rights. He adds that this concern is a civil matter between the applicant and Henk Lise.

Member Makey asks if the gas lease has an expiration or renewal period.

Henk Lise confirms there is no expiration or renewal period for the lease.

Mark Andrews restates that, if the lease does not expire, it will remain in effect unless surrendered by Henk Lise.

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

    THAT application PLB-2024-199 be refused. The application is generally consistent with the Provincial Planning Statement, 2024, maintains the general intent and conforms with the Haldimand County Official Plan. The proposed application, however, does not have regard for Section 51(24)(f) of the Planning Act and does not conform to the applicable provisions of the Haldimand County Zoning By-law HC 1-2020.

    APPROVED

Elizabeth Reu and Charles Reu Present (Applicant)

No comments or concerns.

  • ResolutionAPPROVED
    Moved By:D. Ricker, Member
    Seconded By:C. Bowman, Member

    THAT application PLA-2024-213 be approved, subject to the attached conditions. The application is consistent with the Provincial Planning Statement, 2024 and conforms to the intent of the Haldimand County Official Plan and Haldimand County Zoning By-law HC 1-2020.

    APPROVED

Courtney Boyd (Agent)

No comments or concerns.

  • ResolutionAPPROVED
    Moved By:B. Wagter, Member
    Seconded By:P. Makey, Member

    THAT application PLB-2024-244 be approved, subject to the attached conditions. The application is consistent with the Provincial Planning Statement, 2024 and conforms to the intent of the Haldimand County Official Plan and Haldimand County Zoning By-law HC 1-2020.

    APPROVED

Kim Hessels (Agent) was present

Kim Hessels comments that the applicant had previously discussed this application and wanted to do a boundary adjustment, but planning staff had concerns and stated that it would not be supportable through a boundary adjustment application. Now, a boundary adjustment is being required for this application, while the surplus farm dwelling severance is being refused. She also expressed concerns about the Environmental Impact Study (EIS) requirement, stating that she is unsure why this is needed, as no development is being proposed.

Mark Andrews replies to Kim Hessels’ comments on the EIS and explains that an EIS is triggered because the surplus farm dwelling severance still creates a new lot, which is considered development. Since there are woodland features on the subject lands, the surplus farm dwelling severance triggers the requirement for an EIS. He adds that further discussion can take place with planning staff and forestry staff to explore possibilities for mitigating or waiving this condition.

Kim Hessels responds that she had discussions with the GRCA and that they had already received their approvals.

Don Ricker comments that he has not previously seen an EIS being required, so he questions why it is coming up now.

Mark Andrews replies to Don Ricker that every application is reviewed independently. Due to the woodlot on the property, it triggered the EIS requirement through the forestry division.

Don Ricker then asks why this is not being addressed at the time of building permits.

Mark Andrews replies that these comments are typically addressed during planning applications.

Don Ricker asks if the committee would consider proceeding with a boundary adjustment instead and suggests deferring the application for reevaluation.

Chris Tang comments that there are multiple issues with this application. A boundary adjustment would be considered a "land swap," which planning staff would be unable to support.

Brian Snyder asks planning staff what a "lot swap" is.

Shannon Van Dalen responds to Brian Snyder’s question, explaining that, according to the Provincial Policy Statement (PPS), no new residential lots are permitted unless through surplus farm dwelling severance. Even though no new buildings are being created, the surplus farm dwelling severance still results in the creation of a new farm lot that did not exist before.

Brian Wagter comments that part of the refusal is due to the applicant not owning a sufficient amount of farmland.

Chris Tang confirms that the property owners do not own two farm parcels that have dwellings on the properties.

Kim Hessels responds that they have a farmhouse on the dairy farm and recently purchased a dairy farm in West Lincoln, which does have a dwelling on the property.

Brian Wagter asks planning staff if the applicant were to return at a later time with two farm dwellings, would the application then be supportable?

Chris Tang replies that yes, the application would be supportable if they had two farm dwellings.

Kim Hessels comments that the boundary adjustment and farm dwelling severance application are essentially the same in this case.

Mark Andrews replies to Kim Hessels that the proposal involves surplus land from a property that does not have a farm cluster. Additionally, this application would cause a landlock on the retained lands. Planning staff could consider a boundary adjustment more likely to be supported than the surplus farm dwelling severance.

Paul Makey comments that he is not opposed to the severance, but the landlock issue is a concern. He suggests that amalgamation followed by severance seems like the best option.

Shannon Van Dalen comments that the application is worth exploring, but at this time, it would be best to set up a meeting with Kim Hessels and the applicant to discuss the options

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

    THAT application PLB-2024-239 be refused as the application is not consistent with the Provincial Planning Statement, 2024 and does not conform to the intent of the Haldimand County Official Plan and Haldimand County Zoning By-law HC 1-2020.

    DEFEATED
  • THAT application PLB-2024-239 be DEFERRED, to allow the applicant time to discuss options further with planning staff.

    APPROVED

Kim Hessels (Agent) was present

Kim Hessels comments on the building comment regarding the septic evaluation, stating that it is not acceptable because the side yard setback to the mantle is a concern. The septic evaluation submitted indicates that this was acceptable for the property line, but the septic evaluator disagreed with the building comments.

Planning staff comment that the applicant needs to show proof of a legal entrance for the retained parcel.

Kim Hessels replies that there is a visible farm entrance on the property.

Planning staff comment that, according to Form 4, the farm properties are not considered viable due to their size.

Kim Hessels replies that she is a full-time expert in agriculture and has known the applicant since he was 12. She vouches that he has always been a farmer and provides pictures of the viable farm crops the applicant grows.

Don Ricker asks how many acres the applicant owns.

Kim Hessels replies that the applicant owns 9 acres and 6 acres, and with the new farm, it would be an additional 42 acres.

Don Ricker asks staff what is required for the septic system and whether the letter is sufficient to address the issues.

Shannon Van Dalen replies that these are building comments, and planning staff is unable to speak to that.

Don Ricker asks planning staff, regarding lot size, how to justify what constitutes workable land.

Shannon Van Dalen responds that planning staff looks at the average viable size of farmlands within Haldimand County. When reviewing policies, they consider what constitutes the average farm parcel size. While she understands Kim Hessels' perspective, they must approach the matter from a planning standpoint, based on policy.

Member Makey asks Kim Hessels how many acres the applicant farms in total, including both rented and owned.

Kim Hessels confirms that the applicant farms 425 acres.

Member Makey responds that rented lands do not factor into the application requirements. However, it does show that the applicant is using the land for agricultural purposes, not for development. He adds that in situations like this, it’s important to consider that young farmers need opportunities to grow as older farmers retire.

Mark Andrews readdresses the issue, stating that, notwithstanding the farm size, the matter must now be considered under the Provincial Planning Statement (PPS). One of the criteria is farm consolidation, and this application has not demonstrated that it is farm consolidation. Therefore, it is being recommended for refusal because it does not align with the PPS.

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

    THAT application PLB-2024-209 be refused as the application is not consistent with the Provincial Policy Statement, 2024 and does not conform to the intent of the Haldimand County Official Plan.

    DEFEATED
  • Moved By:D. Ricker, Member
    Seconded By:P. Makey, Member

    THAT application PLB-2024-209 be approved, and the rationale for approval is as follows: while the proposal does not have regard for the lot creation policies in prime agricultural areas pursuant to the provincial Planning Statement, 2024, specifically for a residence surplus to a farming operation as a result of farm consolidation, it does demonstrate a general conformity to the County's Zoning By-law and Official Plan and does continue to maintain and contribute
    towards protecting and enhancing the viability of agricultural operations within the County.

    APPROVED

Thomas Vis (Applicant) was present

 Thomas Vis has questions for Planning Staff on the lot grading plan, assuming this was for the building permit due to the oversized structure being proposed.

 Shannon VanDalen replies that lot grading plans are a basic design to show how storm water, grading and drainage will be handled to ensure that any water from construction of building will not create issues for the neighboring property.

 

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

    THAT application PLA-2024-211 meets the four tests of a minor variance. Therefore, Planning staff recommends approval of the application subject to the following conditions:

    1. That the accessory building meet all other provisions (setbacks) of the Haldimand County Zoning By-law HC 1-2020 to the satisfaction of Building & Municipal Enforcement Division.
    2. Receipt of a letter from the Planning & Development Division indicating that their requirements, regarding a partial lot grading plan to address surface drainage of the property, have been satisfied. Please note that grading plans must be prepared/stamped/signed by a qualified Professional Engineer as per Haldimand County Design Criteria. Contact the Development Technologist at 905-318-5932, ext. 6253 for further clarification regarding required extent/limits. Please allow approximately six (6) to eight (8) weeks for completion of this process.
    3. That the applicant enter into an agreement with Haldimand County regarding the required partial lot grading plan. Contact Chris Tang, Planner at the Planning & Development Division at 905-318- 5932 ext. 6203 for further clarification. As this process can take a number of months to complete, early action of this condition is essential.

       

       

    APPROVED

Applicant/Agent not present

No comments or concerns.

  • Moved By:D. Ricker, Member
    Seconded By:C. Bowman, Member

     Planning staff recommended approval of this application subject to two conditions because it meets the four test of a minor variance. The Committee deferred this application due to failure to post the public notice sign within the legislated timeline required by the Planning Act. An updated public notice sign was posted on the subject lands on November 26, 2024 in accordance with the timeline required by the Planning Act. As the sign has now been posted appropriately, Planning staff recommend that this application be approved subject to the following conditions:

    1. Receipt of a letter from the Planning & Development Division indicating that their requirements, regarding a partial lot grading plan to address surface drainage of the property, have been satisfied. Please note grading plans must be prepared/stamped/signed by a qualified Professional Engineer as per Haldimand County Design Criteria. Contact the Development Technologist at 905-318-5932, ext. 6253 for further clarification regarding required extent/limits. Please allow approximately six (6) to eight (8) weeks for completion of this process.
    2. That the applicant enter into an agreement with Haldimand County regarding the required partial lot grading plan. Contact Chris Tang, Planner at the Planning & Development Division at 905-318- 5932 ext. 6203 for further clarification. As this process can take a number of months to complete, early action of this condition is essential.
    3. That all existing accessory structures be removed to the satisfaction of the Building & Municipal Enforcement Division through the building permit process, as they have not been included in the minor variance approval for accessory building area.
    APPROVED

Patrick Hague (Applicant) present

No comments or concerns.

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

    THAT application PLA-2024-235 be approved as it meets the four tests of a minor variance. Therefore, Planning staff recommends approval of the application subject to the following conditions:

    1. Receipt of a letter from the Planning & Development Division indicating that their requirements, regarding a partial lot grading plan to address surface drainage of the property, have been satisfied. Please note that grading plans must be prepared/stamped/signed by a qualified Professional Engineer as per Haldimand County Design Criteria. Contact the Development Technologist at 905-318-5932, ext. 6253 for further clarification regarding required extent/limits. Please allow approximately six (6) to eight (8) weeks for completion of this process.
    2. That the applicant enter into an agreement with Haldimand County regarding the required lot grading plan. Contact Chris Tang, Planner at the Planning & Development Division at 905-318- 5932 ext. 6203 for further clarification. As this process can take a number of months to  complete, early action of this condition is essential.
    APPROVED

Paul Vanderwillik (agent) was present

No comments or concerns.

 

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

    THAT application PLA-2024-240 be approved. The application meets the four tests of a minor variance.

    APPROVED

Meeting adjourned at 10:40

  • THAT this meeting is now adjourned at 10:40am.