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Committee of Adjustment
May 6, 2024
What was decided (6 motions)
6 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That the public portion of the meeting be closed.
Moved by Brenda Stan, seconded by John Cappa
Carried
Application A4-2024P(2) for relief of Section 3.1(c) On-Farm Diversified Uses - Requesting a front yard setback of 12 metres to a 40m² accessory structure related to an on-farm diversified use (covered tent), whereas on-farm diversified uses are not permitted in the required front yard, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as the agricultural character of the neighbourhood is not anticipated to be impacted through the reduced setback to the OFDU. As well, the lot area remains available to handle stormwater runoff and has adequate area for the OFDU to function. 2. The general purpose and intent of the Zoning By-Law is maintained. 3. The intent of the Official Plan is maintained. 4. The proposal is desirable for the appropriate development and/or use of the land as the reduced setback will enable the proposed use to be located close to the street for visibility, however, maintaining a generous setback as to not affect sightlines and to alter the character of the surrounding agricultural area. 5. This application is granted without prejudice to any other application in the Town of Pelham. 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: To the Satisfaction of the Director of Community Plann
Moved by Brenda Stan, seconded by John Cappa
Carried
Application A8-2024P for relief of Section 3.17(a) “Minimum Distance Separation Requirements” – to permit a setback of 4.57m to an interior lot line whereas Minimum Distance Separation II (MDS II) regulations require a setback of 13m, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as no adverse impacts to sensitive land uses are anticipated. 2. The general purpose and intent of the Zoning By-Law is maintained. 3. The intent of the Official Plan is maintained. 4. The proposal is desirable for the appropriate development and/or use of the land because it facilitates an expansion to an existing operation with the construction of a new barn. 5. This application is granted without prejudice to any other application in the Town of Pelham. 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. Application for relief of Section 5.1.2 “Zone Requirements for Agricultural Use” – to permit an interior side yard setback of 4.57m whereas the By-law requires a minimum side yard setback of 20m, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as the proposed siting of the agricultural building reduces odour and visual impacts. 2. The general purpose and intent of the Zoning By-Law is maintained. 3. The intent of the Of
Moved by John Cappa, seconded by Brenda Stan
Carried
Application A9-2024P for relief of Section 4.1.1 “Minimum Parking Requirements” – to permit a minimum number of vehicular parking spaces of 1.17 spaces per dwelling unit (55 spaces), whereas the By- law requires a minimum of 1.25 vehicular parking spaces per dwelling unit (59 spaces), is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as each of the 47 residential units will have a dedicated parking space, with seven (7) additional spaces that can be dedicated for visitor parking, or additional spaces for a certain unit. In addition, the commercial parking spaces can be used as visitor spaces outside of business hours. 2. The general purpose and intent of the Zoning By-Law is maintained. 3. The intent of the Official Plan is maintained. 4. The proposal is desirable for the appropriate development and/or use of the land because the residential and commercial spaces are synergistic from a parking perspective as they have differing peak parking demands at different times of the day. This allows for more efficient use of spaces and ultimately a reduced parking supply that avoids an oversupply. 5. This application is granted without prejudice to any other application in the Town of Pelham. 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. 7. The Applicant understan
Moved by Brenda Stan, seconded by John Cappa
Carried
THAT the Committee of Adjustment minutes dated April 02, 2024, be approved.
Moved by Brenda Stan, seconded by Isaiah Banach
Carried
BE IT RESOLVED THAT this Meeting of the Committee of Adjustment be adjourned until the next regular meeting scheduled for June 3, 2024, at 4:00 p.m.