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Committee of Adjustment
March 16, 2021
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 Bernie Law, seconded by Sandra Marsh
Carried
Application for relief of Section RM1-291 General Provisions Section 6.35 (c) “Yard Encroachments – Unenclosed Porches, Balconies, Steps & Patios” to permit encroachments of not less than 1.5 m from a front lot line or exterior side lot line, whereas 2 m is required, for units 31-36 and 54-60, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature. 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 they will further help to active the streetscape. 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. 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 variance. The above decision is subject to the following conditions: 1. None Application for relief of Section RM1-291 General Provisions Section 6.35 (c) “Yard Encroachments – Unenclosed Porches, Balconies, Steps & Patios” to permit encroachments of not less than 2.2 m from a rear lot line, whereas 4.5 m is required, for units 1-19, is hereby: GRANTED The above decisions are based on the following reasons: 1. The variance is minor in nature. 2.
Moved by Bernie Law, seconded by Sandra Marsh
Carried
Application for relief of Section 13.2 (c) “Maximum Lot Coverage” to permit a maximum lot coverage 40% whereas the by-law allows 30% and whereas the property received a minor variance approval to allow 32.04%, is hereby: GRANTED The above noted decision is based on the following reasons: 1. The variance is minor in nature as it will continue to maintain a reasonably sized and desirable rear yard amenity area while providing more design flexibility. 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 it allow more design flexibility. 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. 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 variance. The above decision is subject to the following conditions: 1. That all necessary building permits be obtained for any future accessory structure exceeding 108 square feet. 2. To the satisfaction of the Director of Public Works, prior to issuance of any building permits: 1. Provide a revised lot grading and drainage plan directing drainage to the existing catch basin and to provide for improvements to the swa
Moved by Sandra Marsh, seconded by Bernie Law
Carried
Application for relief of Section 7.7 (a) “Maximum (Accessory) Lot Coverage” – to permit a maximum (accessory) lot coverage of 2.5% whereas the by-law or allows 1%, is hereby: GRANTED The above noted decision is based on the following reasons: 1. The variance is minor in nature given the rural character of the area. 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 allows for enhanced storage and use of the facility. 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. 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 variance. The above decision is subject to the following conditions: 1. That all necessary building permits are required prior to construction commencing, to the satisfaction of the Chief Building Official, and shall not be approved for living accommodations or plumbing within the accessory building. Prior to Building Permit: 1. To the Satisfaction of the Director of Community Planning and Development 1. Amend the building Elevation Plans to remove all overhead door(s) on the east / west walls and relocate them onto the nor
Moved by Bernie Law, seconded by Sandra Marsh
Carried
Application is made for consent to convey an easement in perpetuity over Parts 3 and 4, to the benefit of Part 1 for permanent sanitary and storm water services and consent to convey a temporary easement over Parts 2 and 3, to the benefit of Part 1 for temporary turning access; is hereby GRANTED The above decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. Confirm that no existing utilities cross the proposed new lot line. Should any existing services conflict with the lot line, the applicant shall be responsible for costs associated with their relocation and / or removal. To the Satisfaction of the Secretary-Treasurer 1. That the Secretary-Treasurer be provided with a registrable legal description of the subject parcel, together with a copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That the final certification fee of $399, payable to the Treasurer, Town of Pelham, be submitted to the Secretary-Treasurer. All costs associated with fulfilling conditions of consent shall be borne by the applicant. 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. No objecti
Moved by Bernie Law, seconded by Sandra Marsh
Carried
BE IT RESOLVED THAT this Meeting of the Committee of Adjustment Hearing be adjourned until the next regular meeting scheduled for April 7, 2021 at 4:00 pm.