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Committee of Adjustment
August 6, 2024
What was decided (10 motions)
10 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
THAT the agenda for the August 6, 2024 Committee of Adjustment meeting be adopted, as circulated.
Moved by Colin McCann, seconded by Don Rodbard
Carried
THAT the public portion of the meeting be closed.
Moved by Don Rodbard, seconded by Colin McCann
Carried
THAT Application for relief of Section 8.2.3 (Zone Requirement) “Front Yard” – to recognize the front wall occupying 68% of the lot frontage and setback 11.36m from the front lot line whereas the By- law requires the façade to occupy a minimum of 75% of the lot frontage and be built within 0-3.0m of the front lot line, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as the proposed renovation/conversion of the existing dwelling to a hotel will utilize the existing footprint of the dwelling and will not alter the existing front yard setback, or the percentage of the frontage occupied by the structure. 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 will allow the existing dwelling to be converted to a commercial use, which is an example of adaptive reuse. 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. AND THAT Application for relief of Section 8.2.3 (Zone Requirement) “First Floor Window Height” – to recognize an existing first floor window height of 0.71m whereas the By-law allows a first floor
Moved by Don Rodbard, seconded by Colin McCann
Carried
THAT Application for relief of Section 5.2.3 (Zone Requirements for a Single Detached Dwelling) “Minimum Corner Side Yard” – to permit a minimum corner side yard of 3.445m whereas the By-law requires a minimum corner side yard of 8.0m, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as the reduction to the setback is not anticipated to result in a negative impact on the adjacent uses, the streetscape, or substantially remove any of the amenity space of 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 as it will permit design flexibility while maintaining adequate area for amenity space, drainage, and private sewage system servicing capabilities. 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 all necessary building permits are obtained prior to construction commencing, to the satisfaction of the Chief Building Official. Prior to Building Permit: 1. To the Satisfaction of the Director of Community Planning and Development 1. T
Moved by Colin McCann, seconded by John Cappa
Carried
THAT Application for relief of Section 10 Exceptions – RM1-96 - Section 3(d) “Minimum Exterior Side Yard” – to permit a minimum exterior side yard setback for a covered porch of 1.6m whereas the By-law requires a minimum exterior side yard setback of 2.0m, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as the reduction to the setback is not anticipated to result in a negative impact on the adjacent uses, the 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 will allow for appropriate development of a wraparound covered porch on a corner lot. 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 is aware that no sideyard walkways that impede sideyard swales shall be permitted. The above decision is subject to the following conditions: 1. That all necessary building permits are obtained prior to construction commencing, to the satisfaction of the Chief Building Official. Prior to Building Permit: 1. To the Satisfaction of the
Moved by Don Rodbard, seconded by Colin McCann
Carried
THAT Application is made for consent to partial discharge of mortgage and consent to convey 420.82 square metres of land (Part 1), for future construction of a single detached dwelling. Part 2 is to be retained for continued residential use of the dwelling known municipally as 28 Lorimer Street is hereby: GRANTED; The above decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. That the applicant confirm that no existing utilities currently cross the proposed new property line. Should any services cross this new property line, the applicant will be responsible for costs associated with their relocation and/or removal. 2. Construction of new or modification of existing driveways requires a Driveway Entrance Permit. This permit is obtained through the Public Works Department. All associated costs with this permit are the responsibility of the owner. 3. That the applicant must submit a comprehensive Lot Grading & Drainage Plan demonstrating that the drainage neither relies, nor negatively impacts neighboring properties, and that all drainage will be contained within the respective lot, to the satisfaction of the Director of Public Works, or designate. 4. That Part 1 be individually serviced with its own sanitary and water connections and constructed in accordance with Town of Pelham Engineering Standards. Installation of any services will require a Temporary Works Permit obtained through the Public Works Department. These works ar
Moved by Colin McCann, seconded by John Cappa
Carried
THAT Application made for consent to partial discharge of mortgage and consent to convey 1052 square metres of land (Part 1), for the future construction of a semi-detached dwelling. Part 2 is to be retained for future construction of a semi-detached dwelling, is hereby: GRANTED; The above decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. That the Applicant confirm no existing utilities cross the proposed new property line. Should any services cross this new property line nor rely on adjacent properties. 2. Obtain approval for a Driveway Entrance & Culvert Permit, as applicable, issued through the Public Works department, to Town standards. The applicant shall bear all costs associated with these works. 3. Lots are to be individually serviced with sanitary and water connections and constructed in accordance with Town of Pelham Engineering Standards. Installation of any services will require a Temporary Works Permit obtained through the Public Works Department. These works are to be completed prior to consent and the applicant shall bear all costs associated with these works. Locate cards are to be provided to the Town once works are complete. 4. Submit a comprehensive Lot Grading & Drainage Plan for all parcels demonstrating that the drainage neither relies, nor negatively impacts neighbouring properties, and that all drainage will be contained within the respective lots, to the satisfaction of the Director of Public Works
Moved by Colin McCann, seconded by Don Rodbard
Carried
THAT Application A15-2024P for relief of Section 3.28.1(b)(ix) “Second Dwelling Units – Urban Area” – to permit an interior side yard setback for an accessory structure of 0m whereas the By-law requires 1m, is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as it is anticipated to have negative impacts on the streetscape or adjacent properties. The structure will appear as one building. 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 not anticipated to result in negative impacts on adjacent properties, will facilitate the construction of a detached garage and SDU on each future lot which is permitted in the zoning by-law, will not alter the function of the subject property, and is not anticipated to alter the streetscape in a significant way. 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 all necessary building permits are obtained prior to construction commencing, to the satisfaction of the Chief Building Official. Prior to Bui
Moved by Colin McCann, seconded by John Cappa
Carried
THAT the Committee of Adjustment minutes dated June 3rd and July 2nd, 2024, be approved.
Moved by Colin McCann, seconded by Don Rodbard
Carried
BE IT RESOLVED THAT this Meeting of the Committee of Adjustment be adjourned until the next regular meeting scheduled for September 3, 2024 at 4:00 p.m.