Committee of Adjustment

That File B14/2016P (DeHaan Homes Inc) be adjourned from the July 5, 2016 Committee of Adjustment hearing.

That the rescheduling fee of $207 be required for File B14/2016P (DeHaan Homes Inc).

Application for relief of Section 6.1(b) to reduce the required exterior sideyard setback from 4 metres to 1.2 metres is hereby GRANTED. Application for relief of Section 6.35(c) of the General Provisions which permits a 1.5 metre encroachment into the rear-yard for unenclosed porches, balconies, steps and patios. Relief from this provision to allow a total encroachment of 2.8 metres for the proposed porch resulting in a rear-yard setback distance of 4.7 metres is hereby GRANTED. This decision is based on the following reasons: 1. The variance is minor in nature as the proposal allows for adequate open amenity space and the scale of the shed is still secondary in massing to that of the house. The requested variance to permit a larger rear yard encroachment is considered minor in nature given the neighbouring public property to the rear of the subject property. The Steve Bauer Trail and numerous trees act as a buffer between the uses. 2. The general purpose and intent of the Zoning By-Law is maintained as an appropriate distance separation between surrounding uses will be preserved. The location of the proposed covered porch will allow for spatial separation between the rear yard lot line and use of Line Avenue/Steve Bauer Trail, thereby maintaining the general purpose and intent of the Zoning By-law. 3. The intent of the Official Plan is maintained as the proposed shed will maintain a scale that is compatible with the neighbourhood and is considered secondary in scale to that

Application for relief of section 7.7(d) to allow a maximum accessory building height of 6 metres whereas 3.7 metres is allowed is hereby GRANTED. This decision is based on the following reasons: 1. The variance is minor in nature as the increase in height will not overwhelm the existing dwelling and is considered minor given the context and large separation between buildings and neighbouring land uses. 2. The general purpose and intent of the Zoning By-Law is maintained as the size of the proposed building is appropriate given the sites rural nature and still ensures that the dwelling is maintained as the primary use of land. 3. The intent of the Official Plan is maintained as the use does not negatively impact any surrounding neighbours and the scale is appropriate given the rural context. 4. The proposal is desirable for the appropriate development and/or use of the land as the proposed utility shed will allow for proper storage of personal goods and property maintenance equipment with minimal impact allowing for the appropriate development and use of the subject property. 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. And is subject to the following condition: 1. That all necessary building permits be obtained prior to construction commencing for the new accessory building to the satisfaction of the Chief Building Official.

That the minutes of the May 3, 2016 Committee of Adjustment hearing be approved.

That the July 5, 2016 Committee of Adjustment hearing be adjourned.