PAC Minutes – March 18, 2002

The regular meeting of the Grand Bay-Westfield Planning Advisory Committee was held Monday, March 18, 2002 in Room “A”, 609 River Valley Drive.   Chairman, Larry Chapman conducted the meeting and called the meeting to order at 7:05 p.m.
1. RECORD OF ATTENDANCE
All Members were present with the exception of Michael Hare.
2. PLANNING ADVISORY COMMITTEE MINUTES OF MARCH 4, 2002
“…moved by Mel Steffens to accept as presented the March 4, 2002 Planning Advisory Committee Minutes….”
Motion seconded by Tony Ratchford.  Carried.
3. REGULAR COUNCIL MINUTES OF FEBRUARY 25, 2002
“…moved by Ralph Stevens to receive and file the Regular Council Minutes of February 25, 2002….”
Motion seconded by Tony Ratchford.  Carried.
4. CHAIRMAN’S REMARKS
No Remarks
5. DECLARATION OF CONFLICT OF INTEREST
No conflicts declared.
6. DEVELOPMENT OFFICER’S REPORT OF MARCH 12, 2002 RE:   APPLICATION FOR VARIANCE  DAWN TIBBETTS – 9 HIGHLAND ROAD
A Closed Session discussion was held regarding the above Application for Variance to construct an accessory building for expansion of a Home Occupation.
The Development Officer reported that the Applicant is presently conducting a legal Home Occupation in her home, and wishes to expand her business to an accessory building on the property, however, a variance cannot be granted on a Home Occupation under the Community Planning Act.  He further advised that the Application is not to rezone to Commercial under Section 39 of the Community Planning Act.  Also, the proposed building would be constructed on green area owned by the Town and consideration of the proposal would be subject to approval by Council for land transfer.
Applicant, Dawn Tibbetts was present during the Open Session and handed out a copy of the floor plan for the accessory building, and advised the Committee of the following:

  • She presently operates a home business inside her home,  consisting of making custom draperies, slip covers and some upholstery;
  • Her reason for expanding is that she presently works out of two rooms in her basement, however would like to have everything in one place with additional space for storing the large bulky rolls of fabric she purchases;
  • She is aware that permission is needed from the Town to build in the green area behind her home, however, she felt the first step was to come PAC to ascertain if her Application would be granted;
  • The accessory building would consist of her shop at the front and a work shop area at the back for her husband;
  • She is not interested in operating as Commercial,  as she plans on continuing her Home Occupation for 10 years and then turn the accessory building into a garage;
  • She does not have any signs advertising her business and is now in the process of hiring another person to help in her shop;
  • She advised that it is not feasible for her to rent out space for her shop;

There were no other presentations made in favor of or against this proposal.
Upon review of the floor plan submitted, the Committee noted that the overall size of the accessory building was 950 sq. ft., clearly exceeding the maximum allowable limit for an accessory building.
The Chairman then read the section of the by-law pertaining to Home Occupations, which clearly indicated that this Application does not meet the requirements for permitted use.
The following motion was then made:
“…moved by Ralph Stevens that the Planning Advisory Committee deny the request for variance to the Town’s Zoning By-law, Town of Grand Bay-Westfield By-law No. 16, Division 1, for the development of an accessory building to be used for the expansion of a Home Occupation, located at 9 Highland Road, PID Nos. 00063347/00085480….”
Motion seconded by James Evans.  Carried.
7. DEVELOPMENT OFFICER’S REPORT  OF MARCH 12, 2002, RE:   APPLICATION FOR VARIANCE RON & WENDY PYE – 23 MAJESTIC DRIVE
A discussion was held in Closed Session regarding the above Application for Variance to locate an accessory building.
The Development Officer reported that he was requested to bring this matter forward, however, there has been no change from the previous Application which was denied by P.A.C. on September 17, 2001.  The Applicants are still in violation of the Zoning By-law.
There were no presentations made during the Open Session either in favor of or against this proposal.
The following motion was then made:
“…moved by Ralph Stevens that the Planning Advisory Committee receive and file the Application for Variance for the development of a 3.0 m x 4.9 m accessory building, located at 23 Majestic Drive, PID No. 30070452; as no changes have been presented to differ from an identical Application having already been dealt with on September 17, 2001, no action is to be taken by the Committee in this matter….”
Motion seconded by Mel Steffens.  Carried.
8. DEVELOPMENT OFFICER’S REPORT OF MARCH 12, 2002 RE:   APPLICATION FOR VARIANCE DUANE BENSON – 210 HIGHLAND ROAD
A Closed Session discussion was held regarding an Application for Variance to construct an accessory building for a two car garage and workshop.
During the discussion, the Committee had the following concerns:

  • Proposed floor drain;
  • Definition of general purpose workshop.

Applicant, Duane Benson was present during the Open Session and advised the Committee of the following:

  • He wishes to have the floor drain as he plans on installing running water;
  • He could find no restrictions for the floor drain and would direct the run off towards the ditch or side of road;
  • He does not want to build a smaller garage and is requesting 896 sq. ft.;
  • He wishes to utilize the garage for work space to perform auto repair on his two vehicles and not a commercial venture, along with a little carpentry work.

There were no other presentations made in favor of or against this Application.
The Committee advised Mr. Benson that the present Zoning By-law allows a maximum of 645 sq. ft. for a garage and that the proposed new By-law is for an allowable limit to 800 sq. ft.  When asked if he would consider reducing the square footage, he advised that he did not wish to do so.
The Chairman then stated to Mr. Benson that he has two options:
1. He can go ahead with the Application or;
2. Request that the matter be tabled for two weeks to allow him time to reconsider.
Mr. Benson replied that he wished to go ahead with his present Application.
The following motion was then made:
“…moved by Ralph Stevens that the Planning Advisory Committee deny the Application as presented, Re: Application  for Variance, Duane Benson – 210 Highland Road….”
Motion seconded by James Evans.  Carried.
9. ADJOURNMENT
Ralph Stevens moved to adjourn at 8:42 p.m.

Respectfully submitted,

Laylia Nice,                                                              Larry Chapman,
P.A.C. Secretary                                                      P.A.C. Chairman