Committee of Adjustment

THAT the agenda for the May 1, 2023, Committee of Adjustment meeting be adopted, as circulated.

Application A10/2023P for relief of Section 5.2.3 to permit a southerly interior side yard of 3.0 metres whereas the by-law requires 8.0 metres, is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as the site maintains a generous amenity area and side yard separation between the abutting property. 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 facilitates a built form that is similar in character to the surrounding properties and utilizes the developable area identified ensuring the natural heritage features on the site remain protected. 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 understands that 2761 Maple Street must have a separate driveway entrance from 2755 Maple Street. The above decision is subject to the following conditions: 1. That all necessary building permits are acquired prior to construction commencing, to the satisfaction of the Chief Building Official. Prior to Building Permit: 1. To the Satisfaction of the Niagara Region 1. Submit an acknowledgement letter ad

Application B6/2023P is made for consent to partial discharge of mortgage and consent to convey 402.2 square metres of land (Part 2), to create a lot line and establish legal ownership of each individual unit. Part 1 is to be retained for continued residential use; is hereby: GRANTED; The above decision is subject to the following conditions: 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 $423, 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. 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 Offici

Application B5/2023P made for consent to partial discharge of mortgage and consent to convey 352 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 26 Chestnut Street; is hereby: GRANTED; The above decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. 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, or designate. 2. That the applicant confirm that no existing utilities cross the proposed lot line. Should any services cross the lot line, the applicant shall be responsible for costs associated with their relocation and/or removal. 3. 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. To the Satisfaction of the Director of Community Planning & Development 1. Conduct a Stage 1-2 Archaeological Assessment prepared by a licensed archaeologist and receive clearance from the Ministry of Heritage, Sport, Tourism & Culture. At a minimum, the Assessment must cover the building envelope of the proposed lot eligible for disturbance and be

Application A6/2023P for relief of Section 3.1(e) “Lot Coverage (Accessory Uses)” – to permit a maximum lot coverage of 20% of the lot area for all accessory buildings whereas the by-law allows a maximum lot coverage of 10% of the lot area for all accessory buildings, is hereby: GRANTED The above decisions is based on the following reasons: 1. The variance is minor in nature given the lot and surrounding context. The accessory building is located on a similar footprint as the existing accessory building and there have been no complaints with regards to the accessory building in the past. 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 permit design flexibility for the site and allow for the footprint of the existing accessory building to be maintained. The variance will not result in shadowing on adjacent properties, will allow for the continued use of the rear yard as private amenity space and will not alter the function of the subject property. 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 A6/2023P for relief of Section 6.2.2 “Minimum

BE IT RESOLVED THAT this Meeting of the Committee of Adjustment be adjourned until the next regular meeting scheduled for June 5, 2023, at 4:00 pm.