Committee of Adjustment

THAT the agenda for the December 2, 2024 Committee of Adjustment meeting be adopted, as circulated.

THAT the public portion of the meeting be closed.

Application for relief of Section 3.2.1(a) “Agriculture-Related Uses” – to permit an agricultural related use within the primary dwelling and not in conjunction with an operation farm, whereas the By-law requires the use be conducted entirely within a detached accessory building in conjunction with an operational farm, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature as the scale and use of the agricultural related use is appropriate for the site and remains secondary to the primary rural residential use of the property, both visually and functionally. 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 retail operation will support agriculture by selling local agricultural products. 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 3.2.1(c) “Agriculture-Related Uses” – to permit a maximum floor area of 38m2 (or 16.67%) for ancillary retail/commercial sales and service activities whereas the By-law permits ancillary retail/commercial sales and service activities be li

Application for relief of Section 3.1(g) “Accessory Uses, Buildings and Structures” and 3.29.1(b)(ix) “Urban Areas” – to permit a minimum setback of 0.29m for an accessory structure (second dwelling unit) whereas the by-law requires accessory buildings and structures not attached to the main building to be located not less than 1.0m from an interior side or rear yard lot line, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature as it is not anticipated to result in a negative impact on the adjacent uses, drainage, streetscape, or substantially remove amenity space on the lot. 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 is compatible with the existing dwelling and the built form of the area and will recognize an existing deficiency and bring the existing structure into conformity with the Town’s Zoning By-law. 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: 1. That the applicant applies for and receives approval for a Building Permit for

THAT the Committee of Adjustment minutes dated October 7, 2024 and November 4, 2024, be approved.

BE IT RESOLVED THAT this Meeting of the Committee of Adjustment be adjourned until the next regular meeting scheduled for January 13, 2024 at 4:00 p.m.