The Middlesex Centre Record

Regular Meeting of Council (Planning)

January 25, 2023

Who was there

Present (7): Hugh Aerts, Frank Berze, John Brennan, Sue Cates, Aina DeViet, Heffernan, Wayne Shipley

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (31 motions)

29 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

the minutes of the Council meeting held on January 11, 2023 be adopted as printed.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
Consent items 6.1 through 6.7 listed on the January 25, 2023 agenda be adopted as recommended.
Moved by Councillor Berze, seconded by Deputy Mayor Brennan
Carried
in accordance with the Council Grants Policy: the request from the Del-Ko-Brydge Canada Day Community be approved in the amount of $1,000; and the request from the Middlesex Centre Archives be approved in the amount of $5,000; and the request from the Optimist Club of Bryanston-Birr be approved in the amount of $1,500; and the request from the Optimist Club of Ilderton be approved in the amount of $750; and the request from the Poplar Hill Picnic be approved in the amount of $1,200; and the request from the Royal Canadian Legion Branch 531 be approved in the amount of $2,600, pending approval from Middlesex Centre Building Division; and the request from the Tri-County Heritage Club be approved in the amount of $1,500; and the request from Turtle Watch - Middlesex Centre be approved in the amount of $1,000; AND THAT the request from the Delaware Lioness be approved in the amount of $800 in accordance with the Delaware Hydro Reserve Fund Policy; AND FURTHER THAT staff be directed to prepare correspondence and/or issue payment to the above noted organizations.
Moved by Councillor Cates, seconded by Councillor Heffernan
Carried
Consent Applications B-12/2022, filed by Wayne Lewis, Lynda White, Nancy White, Steve White, and Patty Munkittrick, in order to sever a 4.33 acre (1.755 hectare) residential land holding from a 48.52 acre (19.64 hectare) agricultural parcel, to facilitate future residential lot creation, with the severed lot having a front of approximately 130 metres (426.5 ft) on Thirteen Mile Road, and an area of approximately 4.33 acres (1.755 hectares), and the retained a frontage of approximately 20 metres (66 feet) along Thirteen Mile Road and an area of approximately 44.5 acres (18.03 hectares), from a property legally described as Part of Lot 17, Concession 13 South, in the Municipality of Middlesex Centre, County of Middlesex; be GRANTED; AND THAT Consent B-12/2022 be subject to the following conditions: That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-12/2022 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. That the Owner’s solici
Moved by Councillor Aerts, seconded by Councillor Heffernan
Carried
Council adjourn its regular meeting at 6:31 pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act, 1990, as amended, to consider the Minor Variance applications listed on the January 25, 2023 Council Agenda.
Moved by Councillor Cates, seconded by Councillor Shipley
Carried
Minor Variance Application A-18/2022, filed by Lindsay Bruce on behalf of Michael and Marilea Johnston, relief from the Comprehensive Zoning By-law in order to establish a minimum front yard setback of 31.6 metres from the centreline of County Road 22, for a property legally described as Part of Lot 14, Concession 3 North, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED, subject to the following conditions: THAT the Owner be required to successfully obtain a section 28 permit for the Conservation Authority; AND THAT the Owner successfully apply for an entrance permit from the County of Middlesex for access to County Road 22, AND FURTHER THAT the reasons for granting Minor Variance Application A-25/2022: The request complies with the general intent and purpose of Middlesex Centre’s Official Plan; The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; The request is minor in nature; and The request represents appropriate development on the subject property.
Moved by Councillor Cates, seconded by Councillor Berze
Carried
Minor Variance Application A-26/2022, filed by Scott and Shayla McGuire for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 200.6 square metres (2159 square feet) and a height of 7.24 metres (23.77 feet) for all accessory buildings, for a property legally described as Lot 12, Plan 682, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 14673 Medway Road, be GRANTED, subject to the following conditions: THAT the accessory building be located in the same general location as shown on the attached drawings; AND THAT the Owner be required to successfully obtain and Section 28 permit from the Conservation Authority prior to the issuance of a building permit; AND THAT the accessory building shall only be used for personal use, or as permitted in the in force and effect Zoning By-law, AND FURTHER THAT the reasons for granting Minor Variance Application A-26/2022: The request complies with the general intent and purpose of Middlesex Centre’s Official Plan; The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; The request is minor in nature; and The request represents appropriate development on the subject property.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
Files: A-26/2022
Minor Variance Application A-27/2022, filed by Carlo Iarusso on behalf of Patrick Cox and Jennifer Dickenson for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 269.4 square metres (2900 square feet) for all accessory buildings, for a property legally described as Part of Lot 10, Concession 8 North, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 10651 Ilderton Road, be
Moved by Councillor Cates, seconded by Deputy Mayor Brennan
Referred
Files: A-27/2022
the Committee of Adjustment adjourn at 7:01 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:01 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the January 25, 2023 Council agenda.
Moved by Councillor Cates, seconded by Deputy Mayor Brennan
Carried
Consent Application B-13/2022, filed by Rob Sanderson on behalf of Victoria, Lisa and Rob Sanderson, in order to permit the adjustment of a boundary by conveying approximately 981.75 square metres to be merged with an abutting lot legally described as part of lot 5, Concession 8 N, Plan C Baptist Church, for a lot legally described as Part of Lot 5, Concession 8, (geographic Township of Lobo), in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 2 Park Crescent, be GRANTED. AND THAT Application for Consent B-13/2022 be subject to the following conditions: THAT the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. THAT the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law. THAT a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-13/2022, and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. THAT the Owners’ solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred for each parcel, for the purposes of the issuance of a Cer
Moved by Councillor Aerts, seconded by Councillor Cates
Carried
Files: B-13/2022
the Official Plan Amendment No. 61 to implement policies as a result of legislative changes to the Planning Act be adopted and forwarded to the County of Middlesex for consideration of approval.
Moved by Deputy Mayor Brennan, seconded by Councillor Berze
Carried
the public meetings adjourn at 7:43 pm and Council resume their regular meeting;
Moved by Councillor Aerts, seconded by Councillor Shipley
Carried
the Correspondence items 12.1 through to 12.5 be received as information.
Moved by Councillor Heffernan, seconded by Councillor Cates
Carried
By-Laws 2023-008 through to 2023-010 listed on the January 25, 2023 agenda be adopted as printed.
Moved by Councillor Aerts, seconded by Councillor Shipley
Carried
the Council for the Municipality of Middlesex Centre adjourns the January 25, 2023 Council meeting at 7:49 p.m.
Moved by Deputy Mayor Brennan, seconded by Councillor Cates
Carried
THAT the Correspondence items 12.1 through to 12.5 be received as information
Moved by Councillor Heffernan, seconded by Councillor Cates
Carried
THAT the minutes of the Council meeting held on January 11, 2023 be adopted as printed.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
THAT Consent items 6.1 through 6.7 listed on the January 25, 2023 agenda be adopted as recommended.
Moved by Councillor Berze, seconded by Deputy Mayor Brennan
Carried
THAT in accordance with the Council Grants Policy:  the request from the Del-Ko-Brydge Canada Day Community be approved in the amount of $1,000; and  the request from the Middlesex Centre Archives be approved in the amount of $5,000; and  the request from the Optimist Club of Bryanston-Birr be approved in the amount of $1,500; and  the request from the Optimist Club of Ilderton be approved in the amount of $750; and  the request from the Poplar Hill Picnic be approved in the amount of $1,200; and  the request from the Royal Canadian Legion Branch 531 be approved in the amount of $2,600, pending approval from Middlesex Centre Building Division; and  the request from the Tri-County Heritage Club be approved in the amount of $1,500; and  the request from Turtle Watch - Middlesex Centre be approved in the amount of $1,000; AND THAT the request from the Delaware Lioness be approved in the amount of $800 in accordance with the Delaware Hydro Reserve Fund Policy; AND FURTHER THAT staff be directed to prepare correspondence and/or issue payment to the above noted organizations.
Moved by Councillor Cates, seconded by Councillor Heffernan
Carried
THAT Consent Applications B-12/2022, filed by Wayne Lewis, Lynda White, Nancy White, Steve White, and Patty Munkittrick, in order to sever a 4.33 acre (1.755 hectare) residential land holding from a 48.52 acre (19.64 hectare) agricultural parcel, to facilitate future residential lot creation, with the severed lot having a front of approximately 130 metres (426.5 ft) on Thirteen Mile Road, and an area of approximately 4.33 acres (1.755 hectares), and the retained a frontage of approximately 20 metres (66 feet) along Thirteen Mile Road and an area of approximately 44.5 acres (18.03 hectares), from a property legally described as Part of Lot 17, Concession 13 South, in the Municipality of Middlesex Centre, County of Middlesex; be GRANTED; AND THAT Consent B-12/2022 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law. 3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-12/2022 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That t
Moved by Councillor Aerts, seconded by Councillor Heffernan
Carried
THAT Council adjourn its regular meeting at 6:31 pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act, 1990, as amended, to consider the Minor Variance applications listed on the January 25, 2023 Council Agenda.
Moved by Councillor Cates, seconded by Councillor Shipley
Carried
THAT Minor Variance Application A-18/2022, filed by Lindsay Bruce on behalf of Michael and Marilea Johnston, relief from the Comprehensive Zoning By-law in order to establish a minimum front yard setback of 31.6 metres from the centreline of County Road 22, for a property legally described as Part of Lot 14, Concession 3 North, in the Municipality of Middlesex Centre, County of Middlesex, be GRANTED, subject to the following conditions: THAT the Owner be required to successfully obtain a section 28 permit for the Conservation Authority; AND THAT the Owner successfully apply for an entrance permit from the County of Middlesex for access to County Road 22, AND FURTHER THAT the reasons for granting Minor Variance Application A-25/2022:  The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;  The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;  The request is minor in nature; and  The request represents appropriate development on the subject property.
Moved by Councillor Cates, seconded by Councillor Berze
Carried
THAT Minor Variance Application A-26/2022, filed by Scott and Shayla McGuire for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 200.6 square metres (2159 square feet) and a height of 7.24 metres (23.77 feet) for all accessory buildings, for a property legally described as Lot 12, Plan 682, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 14673 Medway Road, be GRANTED, subject to the following conditions: THAT the accessory building be located in the same general location as shown on the attached drawings; AND THAT the Owner be required to successfully obtain and Section 28 permit from the Conservation Authority prior to the issuance of a building permit; AND THAT the accessory building shall only be used for personal use, or as permitted in the in force and effect Zoning By-law, AND FURTHER THAT the reasons for granting Minor Variance Application A-26/2022:  The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;  The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;  The request is minor in nature; and  The request represents appropriate development on the subject property.
Moved by Councillor Shipley, seconded by Councillor Aerts
Carried
THAT Minor Variance Application A-27/2022, filed by Carlo Iarusso on behalf of Patrick Cox and Jennifer Dickenson for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 269.4 square metres (2900 square feet) for all accessory buildings, for a property legally described as Part of Lot 10, Concession 8 North, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 10651 Ilderton Road, be
Moved by Councillor Cates, seconded by Deputy Mayor Brennan
Referred
THAT the Committee of Adjustment adjourn at 7:01 pm and Council resume their regular meeting; AND THAT Council move into Public Meetings at 7:01 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the January 25, 2023 Council agenda.
Moved by Councillor Cates, seconded by Deputy Mayor Brennan
Carried
THAT Consent Application B-13/2022, filed by Rob Sanderson on behalf of Victoria, Lisa and Rob Sanderson, in order to permit the adjustment of a boundary by conveying approximately 981.75 square metres to be merged with an abutting lot legally described as part of lot 5, Concession 8 N, Plan C Baptist Church, for a lot legally described as Part of Lot 5, Concession 8, (geographic Township of Lobo), in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 2 Park Crescent, be GRANTED. AND THAT Application for Consent B-13/2022 be subject to the following conditions: 1. THAT the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. 2. THAT the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law. 3. THAT a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-13/2022, and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. THAT the Owners’ solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred for each parcel, for the purposes of the
Moved by Councillor Aerts, seconded by Councillor Cates
Carried
THAT Consent Applications B-14/2022 and B-15/2022, filed by Connor Brown on behaf of Quirinus Antonius Versteegh, in order to sever two residential lots from a 2,051 square metre (0.51 ac) residential property, in order to facilitate the construction of a single-detached dwelling on the severed lots, one having a frontage of approximately 18.44 metres (60.5 feet) on Prince Street and an area of approximately 620.6 square metres (0.15 acres), and the second with a frontage of approximately 16.9 metres (55.4 feet) on Duke Street, and an area of approximately 689.7 square metres (0.17 acres), and the retained having a frontage of approximately 22.2 metres (72.8 feet) on Prince Street, and an area of approximately 761.7 square metres (0.188 acres), from a property legally described as Lot 57 to 58, Plan 55, in the Township of Middlesex Centre, County of Middlesex, and is municipally known as 115 Prince Street; be GRANTED; AND THAT Consent B-14/2022 and B-15/2022 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. 2. That the fees for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law. 3. That a draft reference plan be prepared by an Ontario
Moved by Councillor Cates, seconded by Councillor Berze
Carried
THAT the Official Plan Amendment No. 61 to implement policies as a result of legislative changes to the Planning Act be adopted and forwarded to the County of Middlesex for consideration of approval.
Moved by Deputy Mayor Brennan, seconded by Councillor Berze
Carried
THAT the public meetings adjourn at 7:43 pm and Council resume their regular meeting;
Moved by Councillor Aerts, seconded by Councillor Shipley
Carried
THAT By-Laws 2023-008 through to 2023-010 listed on the January 25, 2023 agenda be adopted as printed.
Moved by Councillor Aerts, seconded by Councillor Shipley
Carried
THAT the Council for the Municipality of Middlesex Centre adjourns the January 25, 2023 Council meeting at 7:49 p.m.
Moved by Deputy Mayor Brennan, seconded by Councillor Cates
Carried

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