Chatsworth Township of ChatsworthRR 1, Chatsworth, Ontario, NAH 1G0

Will Moore, CAO / ClerkTelephone 51 9-794 -3232

February 11,2415

Township of ChatsworthR.R. 1CHATSWORTH, OntarioNOH 1GO

G race N ayler, Treasu rerFax 519-794-4499

Chair Pringle and members of the Committee of Adjustment:

Re: Permission to Enlarge a Legal Non-Conforming UsePart Lot 60, Concession 1 NETSR, Geographic Township of Holland,Township of Chatsworth (776211 Highway 10)Owner: Ron and Vera Turnbull

The following has been drafted to provide the Committee of Adjustment with planningcomments concerning the above-noted matter.

The subject property is located within Berkeley, along the north side of Highway '10. Thesite comprises 1.1 hectares of land and has frontage along the Provincial Highway andSideroad 60

The lands are zoned 'C1' and 'R2'. Situated within the area zoned 'C1' are a post office/ dwelling and a shed. Situated on the 'R2' zoned lands are four mobile homes and twodwellings {cottages). The mobile homes are not permitted under the current ZoningBy-law; however, they legally predate the Zoning By-law and qualify as a legalnon-conforming use. Permission is being sought to construct a roof (with studs, plywoodand shingles) on one of the mobile homes bedause the original (factory) roof of the mobilehome is leaking. The new roof is considered an enlargement of a legal non-conforminguse, and thus Permission to Enlange A Legal Non-Canforming Use is therefore beingrequested.

Lands within Berkeley are designated 'Secondary Settlement Area' on Schedule A to theCounty of Grey Official Plan. Permitted uses wthin this land use designation includecommercial, industrial, residential, institutional and recreational" A mobile home ormobile home park would appear to be conform with the 'Secondary Settlement Area'

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polices.

With regard to the proposals to expand a legal non-conforming use, Section 6.8Non-Conformins Uses of the Official Plan states the foliowing:

(3) Where an applicatian is made to expand a legally established non-conforming use,the application may be dealt with by the Committee of Adjustment if the expansion s.minor, or by the local municipal Cauncil if it is major. ln the case af an applicatian fora maior expansion, Council will consider the feasibility af the owner acquiring an

.alternative propefty orassr'sfing the owner to find an alternative lacation for the use.If these are na apprapriate optians, Council rnay consider passing a by-law to permitthe enaryement under the fallowing conditions:(a) The prapased exfension or enlargement af the established non-conforming

use shall not unduly aggravate the situation created by the existence of theuse;

(b) The praposed extension or enlargement shall be reasanable relative to thesize of the existing use;

(c) The characfensfics of the existing nan-confarming use and the praposedextension or enargement shall be examined with regard to noise, vibrations,fumes, smoke, dust, odours, lighting and traffic generating capacity. Noamendment to the Zoning By-law shall be made if one or more such nuisancefactars will be created or increased;

(d) Neighbauring canforming uses shall be protected by the impasition of anyappropriate site plan control measures;

(e) The sewicing palicies of Section 5.3 can be met and the develapmentproposed obseryes campliance with the tntaria Building Code.

The replacement of an existing, factory built mobile home roof in order to stop leakageinto this dwelling would not conflict with any of the aforementioned policies"

The proposal would aiso not conflict with any of the direciives of the Provincial PolicyStatement.

Based on the foregoing, the Committee may wish to apprv the request. The DecisionSheet has been worded in such a manner that the request for Permission to Enlarge ALegal Non-Conforming Use would allow for the roCIves of the other three mobile homes tobe replaced as well, should the need arise in the future.

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This opinion is provided without the benefit of having received comments from any otheragency or any adjacent land owners. Should new information arise regarding thisproposal, the Committee is advised to take such information into account whenconsidering this application.

I trust'rthis information will be of asslstance.

\"Ron Davidson, BES, RPP, MCIP

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NOTICE OF A COMPLETE APPLICATIONAND

NOTICE OF A PUBLIC MEETINGCONCERNING A.N APPLICATION FOR

PERMISSION TO ENLARGE A LEGAL NON.CONFORMING USE

TAKE NOTICE that the Corporation of the Township of Chatsworth is in receipt of acomplete application for Permission to Enlarge a Legal Non-Conforming Use underSection 45 of the Planning Act, R.S.O. 1990, as amended.

AND TAKE FURTHER NOTICE that the Committee of Adjustment for the Corporation ofthe Township of Chatsworth will hold a Public Meeting on

f^flArc,,h qh 2y15 l:lDO,r.(date and time)

in the Municipal Council Chambers to consider the proposed Minor Variance, as per therequirements of Section 45 of the Planning Act, R.S.O. 1990, as amended.

The proposed Minor Variance will affect the lands described as:

Part Lot 60. Concession 1 NETSR. 9eoqraphic Township of Holland.Township of Chatsworth (776211 Hiqhway 10)

(p/ease refer to the sketch on the reverse of this form)The purpose of the application is to allow for the roof of an existing mobile home to bereplaced with a new roof comprising of studs, plywood and shingles. The new roof isconsidered an enlargement of a legal non-conforming use, and thus Permission toEnlarge A Legal Non-Conforming Use is therefore necessary.

ANY individuals, corporations and public bodies may attend the Public Meeting and/ormake written or verbal representation either in support of or in opposition to the proposal.An individual, corporation or public body that does not make an oral submission at thepublic meeting or make a written submission to the Committee of Adjustment with regardto the application prior to the request being approved is not entitled to appeal thedecision, nor is such person entitled to be added as a party to the hearing of an appealbefore the Ontario Municipal Board unless, in the opinion of the Board, there arereasonable grounds to do so.

ADDITIONAL information relating to this application may be obtained by contacting theundersigned.

DATED at Chatsworth this l21h dayof %,2015Will Moore, CAO / ClerkTownship of ChatsworthR.R. #1CHATSWORTH, OntarioNOH 1GOTel. (519)7e4-3232Fax (5'1 9) 794-4499

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COMMITTEE OF ADJUSTMENT FOR THE TOWNSHIP OF CHATSWORTHDECISION SHEET

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Application No.Date of Meeting:Applicant:Legal Description:

A-1t2015March 4,2015Ron and Vera TurnbullPart Lot 60, Concession 1 NETSR, Geographic Township of Holland,Township of Chatswotth (776211 Highway 10)

ln the matter of Section a5(2Xa) of the Planning Acf and Township of Chatsworth Zoning By-law2006-45.

The subject lands are zoned 'C1' and 'R2'. Situated within the area zoned 'C1' are a post office /dwelling and a shed. Situated on the 'R2' zoned lands are four mobile homes and two dwellings(cottages). The mobile homes are not permitted under the current Zoning By-law; however, theylegally predate the Zoning By-law and qualify as a legal non-conforming use. Permission is beingsought to construct a roof on one of the mobile homes because the original (factory) roof of the mobilehome is leaking. The new roof is considered an enlargement of a legal non-conforming use, and thusPermission to Enlarge A Legal Non-Conforming Use is therefore being requested.

The application is hereby ( ) refused or (x) granted subject to the following conditions:

1. That the enlargement be limited to a new roof on the mobile home, as well as a new roofon any of the other existing mobile homes that may require a new roof in the future.

Reasons:

1. The expansion does not unduly aggravate the situation created by the existence of theuse;

2. The proposed extension is reasonably relative to the size of the existing use;3. The characteristic of the non-conforming use and the proposed expansion causes no

concern with regard to noise, vibrations, fumes, smoke, dust, odours lighting and trafficincrease.

WE, the undersigned, concur in the decision and reasons given for the decision of the Committee ofAdjustment for the Township of Chatsworth this 4th day of March, 201S

Present Absent() ()Committee Member, Bob PringleCommittee Member, Scott Mackey

Committee Member, Brian Gamble

Committee Member, Shawn Greig

()()()

()()()()Committee Member, Elizabeth Thompson ( )

********cERTl FICATIO N OF COM M ITTEE'S DECISION*********************

l, Will Moore, being the Secretary-Treasurer of the Committee of Adjustment for the Township ofChatsworth, certify that this is a true copy of the Committee's decision of the 4th day of March, 2015.

Secretary-Treasurer Date

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(sEE TNFoRMATIoN oN REVERSE oF THts FoRM)*************************NOTICE THAT NO APPEALS HAVE BEEN RECEIVED*******************TO B SIGNED BY THE SEcRETARY.TREASURER AFTER THE APPEAL PERIoD HAS LAPSEDWITHOUT ANY

APPEALS BEING FILED.This is to certify that no appeals have been received.

Secretary-Treasurer Date

THE FOLLOWNG APPEARS FOR INFORMATION PURPOSES ONLYACCURATE REFERENGE SHOULD BE MADE FROM THE OFFICIAL

VOLUMES OF THE PLANNING ACT OF ONTARIO,1990, AS AMENDED.

Under the Planninq Act. 1990, the applicant or any person who has an interest in the application may within twenty (20) days ofthe Committee's decision appealthis decision to the Ontario Municipal Board by serving personally on, or sending by registeredmail, to the Secretary-Treasurer of the Committee, a Notice of Appeal.

The right to appeal is prescribed by law. Excerpts from the Planning Act, 1990, as amended, describing the manner in whichappeals may be lodged against the Committee's decision, and the procedures involved in the final adjudication of theseappeals, have been reproduced below.

NOTICES OF APPEAL SHOULD BE FORWARDED TO THE FOLLOWING ADDRESS:

Attention: Will Moore, Secretary-Treasurer, Township of Chatsworth Committee of AdjustmentTownship of ChatsworthRR1Chatsworth, OntarioNOH 1Go

THE PLANN|NG ACT, 1990, AS AMENDED451121APPEAL TOo.M.B.

The applicant, the Minister o.rany other person which has an interest in the matter maywithin twenty days of the making of the decision, appeal to the Municipal Board againstthe decision of the Committee by filing with the Secretary-Treasurer o the commjttee, anotice of appeal settng out the objection to the decision and the reasons in support of theobjection accompanied by payment to the secretary{reasurer of the fee presciibed by theMunicipal Board under the Ontario Municipal Board Acf, ($125.00 payable to the Miniiterof Finance) as payable on an appeal from a Committee of Adjustment to the Board.

45(13) IDEM The Secretary-Treasurer of a Committee, upon receipt of a notice of appeal filed undersubsection (12), shall forthwith forward the notice of appeal and the amount of the feementioned in subsection (121to the Municipal Board by registered mail together with allpapers and documents filed with the Committee of Adjustment relating to the matterappealed from and such other docqments and papers as may be required bv the Board.

45{14)WHERE NOAPPEAL

lf within such twenty days no notice of appeal is given, the decision of the Committee isfinal and binding, and the Secretary-Treasurer shall notify the applicant and shall filed a9!4!Iied clpy oJ the decision with the Clerk of the Municiatity.

45(15)WHEREAPPEALSWITHDRAWN

Where all appeals to the Municipal Board are withdrawn by the persons who gave noticeof appeal, the decision of the Committee is final and binding and the Secretary of theBoard shall notify the Secretary-Treasurer of the Committee who in turn shall notify theapplicant and file a certified coy of the decision with the Clerk of the Municinalitv.

45(16) HEARTNG On an appeal to the Municipal Board, the Board shall, except as provided in subsections(15) and (17), hold hearing of which notice shall be given to the applicant, the appellant,the secretary-treasurer of the Committee and to such other persons and in such manneras the Board may determine.

45(17)DrSMSSAL OFAPPEAL BY O.M.B.

Despite the Sfafufory Powers Procedure Acf and subsection (16), the Municipal Boardmay dismiss all or part of an appeal without holding a hearing, on its own motion or on themotion of any party if, (a) it is of the opinion that (i) the reasons set out in the notce ofappeal do not disclose any apparent land use planning ground upon which the Boardcould allow all or part of the appeal (ii) the appeal is not made in good faith or is frivolousor vexatious, or (iii) the appeal is made only for the purpose of delay. (b) the appellant hasnot provided written reasons for the appeal (c) the appellant has not paid the feeprescribed under the Ontario Municipal Board Act or (d) the appellant has not respondedto a request by the Municipal Board for further information within the time specified by theBoard.

45(18)POWERS OFo.M.B.

The Municipal Board may dismiss the appeal and may make any decision that theCommittee could have made on the original application.

45(1e) NOTTCE OFDECtStON

When the Municipal Board makes an order on an appeal, the secretary of the Board shallsend a copy thereof to the applicant, the appellant and the secretary-treasurer of theCommittee.

45(20)rDEM The secretary-treasurer shall file a copy of the Order of the Municipal Board with the Clerkof the Municipality, R.S.O. 1990, c. P.13, s. 45