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Committee of Adjustment
December 4, 2018
What was decided (3 motions)
3 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
Application for relief from Section 7.7(a) “Maximum Lot Coverage” to permit a 2.6% overall coverage whereas 1% is permitted and Section 7.7(d) “Maximum Building Height” to permit a building height of 4.3 metres to the mid point of the pitched roof, whereas the bylaw permits a maximum height of 3.7 metres, for the construction of a detached accessory building, is hereby: GRANTED The above decision is based on the following reasons: The variance is minor in nature. 1. The general purpose and intent of the Zoning By-Law is maintained as the proposal is appropriate given the rural context. 2. The intent of the Official Plan is maintained as the proposed use of a building accessory to a single detached house is permitted in the ‘Good General Agricultural’ designation of the Official Plan and the policy does permit uses which are compatible with agriculture. The increase in accessory building height will not compromise the objective of the Official Plan. 3. The proposal is desirable for the property as it allows for enhanced storage and use of the facility. 4. This application is approved without prejudice to any other application in the Town of Pelham. 5. No objections were received from commenting agencies or abutting property owners. 6. The Committee of Adjustment considered the written and oral comments and agrees with the minor variance report analysis and recommendation that this application meets the Planning Act tests for minor variance. The above decision is subject to the
Moved by Donald Cook, seconded by Brian DiMartile
Carried
Application for relief from Section 7.7 (a) “Maximum Accessory Lot Coverage” for accessory building to permit a lot area coverage of 2% whereas 1% is allowed, is hereby: GRANTED The above decision is based on the following reasons: The variance is minor in nature. 1. The general purpose and intent of the Zoning By-Law is maintained as the proposal leaves adequate open space. 2. The intent of the Official Plan is maintained as there will be no negative impacts that will be created for any natural heritage feature or neighbouring properties. 3. The proposal is desirable for the property as it allows flexibility in terms of property usage. 4. This application is approved without prejudice to any other application in the Town of Pelham. 5. The Committee of Adjustment considered the written and oral comments and agrees with the minor variance report analysis and recommendation that this application meets the Planning Act tests for minor variance. The above decision is subject to the following conditions: 1. That all necessary building permits must be obtained prior to construction commencing, to the satisfaction of the Town of Pelham Chief Building Official; and 2. That no plumbing or living space be included within the accessory building to the satisfaction of the Chief Building Official.
Moved by Donald Cook, seconded by Brian DiMartile
Carried
Application for relief from Section R1-187 (g) “Minimum Rear Yard” to permit a minimum rear yard setback of 13 metres whereas 15 metres is allowed and Section R1-187 (k) “Building and Structures to Rear Lot Line” to permit buildings and structures to be constructed within 13 metres of the rear lot line whereas 15 metres is required, is hereby: GRANTED The above decision is based on the following reasons: The variance is minor in nature. 1. The general purpose and intent of the Zoning By-Law is maintained as there is a sufficient setback maintained to the woodland and stable top-of-bank. 2. The intent of the Official Plan is maintained as the variance will have minimal impact on the landscape. 3. The proposal is desirable for the property. 4. This application is approved without prejudice to any other application in the Town of Pelham. 5. No objections were received from commenting agencies or abutting property owners. 6. The Committee of Adjustment considered the written and oral comments and agrees with the minor variance report analysis and recommendation that this application meets the Planning Act tests for minor variance. The above decision is subject to the following conditions: 1. That all necessary building permits must be obtained prior to construction commencing, to the satisfaction of the Town of Pelham Chief Building Official