Committee of Adjustment

Application for relief of the following Sections: 6.35(c) – “Yard Encroachments Permitted” – seeking 2.5 metre encroachment into a required rear yard whereas 1.5 metres is allowed, is hereby GRANTED. 6.36(c) – “Yard Encroachments Permitted” – seeking 1.64 metre encroachment for height whereas 1.3 metres is allowed, to facilitate construction of stairs to a deck to create an additional ingress/egress access, is hereby: GRANTED. The above decision is based on the following reasons: Page 3 of 41 1. The variance is minor in nature in that the deck is appropriate in relation to the scale of the collective rear yards in the neighbourhood. 2. The general purpose and intent of the Zoning By-Law is maintained in that sufficient space is maintained between the rear yard lot line and abutting neighbours. 3. The intent of the Official Plan is maintained in that it will not negatively affect any neighbouring resident’s sight lines. 4. The proposal is desirable for the appropriate development and/or use of the land in that it will enhance the rear yard amenity area without negatively affecting neighbours. 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. Prior to issuance o

Application for relief of Section 6.35(c) – “Yard Encroachments Permitted” – seeking 2.72 metre encroachment into a required rear yard whereas 1.5 metres is allowed, is hereby: GRANTED. Application for relief of Section 6.36(c) – “Yard Encroachments Permitted” – seeking 1.7 metre encroachment for height whereas 1.3 metres is allowed, to facilitate construction of stairs to a deck to create an additional ingress/egress access, is hereby: GRANTED. The above decision is based on the following reasons: Page 6 of 41 1. The variance is minor in nature in that the deck is appropriate in relation to the scale of the collective rear yards in the neighbourhood. 2. The general purpose and intent of the Zoning By-Law is maintained in that sufficient space is maintained between the rear yard lot line and abutting neighbours. 3. The intent of the Official Plan is maintained in that the extension will not negatively affect any neighbouring resident’s sight lines. 4. The proposal is desirable for the appropriate development and/or use of the land in that it would enhance the rear yard amenity space without negatively affecting neighbours. 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 co

Application for relief of Section 6.35(c) – “Yard Encroachments Permitted” – seeking 2.75 metre encroachment into a required rear yard whereas 1.5 metres is allowed, is hereby GRANTED. Application for relief of Section 6.36(c) – “Yard Encroachments Permitted” – seeking 1.64 metre encroachment for height whereas 1.3 metres is allowed, to facilitate construction of stairs to a deck to create an additional ingress/egress access, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature in that, once reduced in size, the deck is appropriate in relation to the scale of the collective rear yards in the neighbourhood. 2. The general purpose and intent of the Zoning By-Law is maintained in that sufficient separation is maintained between the rear lot line and abutting neighbours. The deck also leaves little open space available to residents and affects the permeability of ground cover increasing storm water runoff. 3. The intent of the Official Plan is compromised in that the extension does protrude significantly beyond the neighbouring rear yard decks and is highly visible from various angles. The variance will increase the opportunity of land use conflicts with adjacent properties to a degree that is not appropriate. 4. The proposal is desirable for the appropriate development and/or use of the land in that it would enhance the rear yard amenity space and provide access t the rear yard from the deck. 5. This application is granted

Application for relief of Section 7.4(c) – “Maximum Lot Coverage” – seeking 16% whereas 10% is allowed, is hereby: GRANTED. Application for relief of Section 7.4(f) – “Minimum Side Yard” – seeking 2.5 metres whereas 9 metres is required, is hereby: GRANTED. Application for relief of Section 7.7(c) – “Minimum Distance from Dwelling” – seeking 2.5 metres whereas 3 metres is required, to facilitate construction of a sunroom, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature in that there is adequate open space and it will not trigger an increase of sewage flow rate. 2. The general purpose and intent of the Zoning By-Law is maintained in that adequate open space maintained. 3. The intent of the Official Plan is maintained in that no agricultural land is being impacted, rural aesthetics are maintained and there are no negative impacts on the neighbours. 4. The proposal is desirable for the appropriate development and/or use of the land in that it improves the indoor living space and maintains adequate outdoor amenity space. 5. This application is granted without prejudice to any other application in the Town of Pelham. 6. No objections were received from commenting agencies or abutting property owners. Page 12 of 41 7. 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 varianc

Application for consent to convey 286.5 square metres of land, shown as Part 2, being part of Lot 166, Geographic Township of Thorold, in the Town of Pelham, is hereby: GRANTED. This decision is based on the following reasons: 1. The application conforms to the policies of the Town of Pelham Official Plan, Regional Policy Plan and Provincial Policy Statement, and complies with the Town’s Zoning By-law. 2. This Decision is rendered having regard to the provisions of Sections 51(24) and 51(25) of the Planning Act, R.S.O., as amended. 3. The Committee of Adjustment considered all written and oral submissions and finds that, subject to the conditions of provisional consent, this application meets Planning Act criteria, is consistent with the Provincial Policy Statement and complies with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan. The above decision is subject to the following conditions: 1. That the applicant enters into either a Development Agreement or a Site Plan Agreement with the Town of Pelham for the purposes of constructing the public lane (Part 2), addressing all development issues including, but not limited to, extension of and connection to services, lot grading and drainage, availability of building permits, etc., to the satisfaction of the Director of Public Works & Utilities. 2. That the applicant conduct an Archaeological Assessment(s) and receive clearance from the Ministry of Tourism, Culture, and Sport. 3. That the lands shown a

Application for consent to convey 4740 square metres of land (Part 1), being Part Lot 1, Concession 8, in the Town of Pelham, is hereby: GRANTED. This decision is based on the following reasons: 1. The application conforms to the policies of the Town of Pelham Official Plan, Regional Policy Plan and Provincial Policy Statement, and complies with the Town’s Zoning By-law. 2. This Decision is rendered having regard to the provisions of Sections 51(24) and 51(25) of the Planning Act, R.S.O., as amended. Page 18 of 41 3. The Committee of Adjustment considered all written and oral submissions and finds that, subject to the conditions of provisional consent, this application meets Planning Act criteria, is consistent with the Provincial Policy Statement and complies with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan. The above decision is subject to the following conditions: 1. That the applicant conduct an archaeological assessment(s) and receive clearance from the Ministry of Tourism, Culture, and Sport. 2. That final approval of a Zoning By-law amendment be obtained, zoning the remnant lands of Part 2 to an appropriate site specific “Institutional” zone to address any zoning deficiencies, to the satisfaction of the Director of Planning and Development Department. 3. That the applicant sign the Town of Pelham’s standard Memorandum of Understanding” explaining that development charges and cash-in-lieu of the dedication of land for park purposes are r

Application for consent to convey 701 square metres of land (Part 2) being Part Lot 177, Plan 59R-13374, known municipally as 62 Bacon Lane, in the Town of Pelham, is hereby: GRANTED. This decision is based on the following reasons: 1. The application conforms to the policies of the Town of Pelham Official Plan, Regional Policy Plan and Provincial Policy Statement, and complies with the Town’s Zoning By-law. 2. No objections to this proposal were received from commenting agencies or neighbouring property owners. Page 25 of 41 3. This Decision is rendered having regard to the provisions of Sections 51(24) and 51(25) of the Planning Act, R.S.O., as amended. 4. The Committee of Adjustment considered all written and oral submissions and finds that, subject to the conditions of provisional consent, this application meets Planning Act criteria, is consistent with the Provincial Policy Statement and complies with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan. The above decision is subject to the following conditions: 1. That the applicant submit a comprehensive overall lot grading & drainage plan for all parcels demonstrating that the drainage neither relies upon nor negatively impacts neighbouring properties, and that all drainage will be contained within the respective boundaries of the new parcel, to the satisfaction of the Director of Public Works & Utilities. 2. That the applicant provide written confirmation along with video records showing the c

Application for consent to convey 701 square metres of land (Part 3) being Part Lot 177, Plan 59R-13374, known municipally as 62 Bacon Lane, in the Town of Pelham, is hereby: GRANTED. This decision is based on the following reasons: 1. The application conforms to the policies of the Town of Pelham Official Plan, Regional Policy Plan and Provincial Policy Statement, and complies with the Town’s Zoning By-law. 2. No objections to this proposal were received from commenting agencies or neighbouring property owners. 3. This Decision is rendered having regard to the provisions of Sections 51(24) and 51(25) of the Planning Act, R.S.O., as amended. 4. The Committee of Adjustment considered all written and oral submissions and finds that, subject to the conditions of provisional consent, this application meets Planning Act criteria, is consistent with the Provincial Policy Statement and complies with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan. The above decision is subject to the following conditions: 1. That the applicant submit a comprehensive overall lot grading & drainage plan for all parcels demonstrating that the drainage neither relies upon nor negatively impacts neighbouring properties, and that all drainage will be contained within the respective boundaries of the new parcel, to the satisfaction of the Director of Public Works & Utilities. 2. That the applicant provide written confirmation along with video records showing the current conditi

Application for consent to convey 701 square metres of land (Part 4) being Part Lot 177, Plan 59R-13374, known municipally as 62 Bacon Lane, in the Town of Pelham, is hereby: This decision is based on the following reasons: Page 32 of 41 1. The application conforms to the policies of the Town of Pelham Official Plan, Regional Policy Plan and Provincial Policy Statement, and complies with the Town’s Zoning By-law. 2. No objections to this proposal were received from commenting agencies or neighbouring property owners. 3. This Decision is rendered having regard to the provisions of Sections 51(24) and 51(25) of the Planning Act, R.S.O., as amended. 4. The Committee of Adjustment considered all written and oral submissions and finds that, subject to the conditions of provisional consent, this application meets Planning Act criteria, is consistent with the Provincial Policy Statement and complies with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan. The above decision is subject to the following conditions: 1. That the applicant submit a comprehensive overall lot grading & drainage plan for all parcels demonstrating that the drainage neither relies upon nor negatively impacts neighbouring properties, and that all drainage will be contained within the respective boundaries of the new parcel, to the satisfaction of the Director of Public Works & Utilities. 2. That the applicant provide written confirmation along with video records showing the current co

Application for consent to convey 701 square metres of land (Part 5) being Part Lot 177, Plan 59R-13374, known municipally as 62 Bacon Lane, in the Town of Pelham, is hereby: GRANTED. This decision is based on the following reasons: 1. The application conforms to the policies of the Town of Pelham Official Plan, Regional Policy Plan and Provincial Policy Statement, and complies with the Town’s Zoning By-law. 2. No objections to this proposal were received from commenting agencies or neighbouring property owners. 3. This Decision is rendered having regard to the provisions of Sections 51(24) and 51(25) of the Planning Act, R.S.O., as amended. 4. The Committee of Adjustment considered all written and oral submissions and finds that, subject to the conditions of provisional consent, this application meets Planning Act criteria, is consistent with the Provincial Policy Statement and complies with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan. The above decision is subject to the following conditions: 1. That the applicant submit a comprehensive overall lot grading & drainage plan for all parcels demonstrating that the drainage neither relies upon nor negatively impacts neighbouring properties, and that Page 36 of 41 all drainage will be contained within the respective boundaries of the new parcel, to the satisfaction of the Director of Public Works & Utilities. 2. That the applicant provide written confirmation along with video records showing the c

That the minutes of the August 1, 2017, Committee of Adjustment Hearing be approved.

BE IT RESOLVED THAT this Meeting of the Committee of Adjustment Hearing be adjourned until the next regular meeting scheduled for October 3, 2017 at 4:00 pm.