4 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
THAT Application for relief of Section 5.54(a) “Apartment Dwelling” Definition – to permit dwelling unit entrances from the exterior without an interior corridor, whereas the by-law requires that dwelling units be accessible from a corridor system connecting with a common entrance from outside the dwelling, is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as exterior individual entry for the ground-oriented apartment building is more appropriate and suitable with negligible impact. 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 will allow for more efficient use of the interior space without having to compromise for a common lobby. 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. 8. The Applicant understands that a Site Plan Agreement is required for the property. AND THAT Application for relief of Section 6.16(d)(i) “Ingress and Egress” – to permit a minimum driveway width of 6.2m whereas the by-law requires 7.5m, is
Moved by Sandra Marsh, seconded by Brenda Stan
Carried
THAT Application for relief of Section 13.2(c) “Maximum Lot Coverage” – to permit a 40% lot coverage whereas the by-law allows 30% and whereas the property received a minor variance approval to allow 34%, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature as the impact on the subject property and adjacent properties is minimal given the adequate distance separates the nearest residential neighbour from the existing building and proposed addition. 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 will allow for the construction of a covered porch while maintaining the character of the area. 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.
Moved by Brenda Stan, seconded by Sandra Marsh
Carried
THAT Application for permission pursuant to Section 45(2)(a)(ii) of the Planning Act to permit an expansion of legal-non conforming use, in order to permit vehicle repairs and sales as a similar use to the existing permitted welding shop and trailer sales and service business, is hereby: GRANTED. The above decision is based on the following reasons: 1. The application satisfies the Planning Act and Town Policy E2 – Non-Conforming Uses. 2. That the similar change of use to a commercial business office is in keeping with the goals of the Official Plan and the intent of the Zoning By-law. 3. That the similar change in use is not expected to generate any unreasonable negative impacts for adjacent uses or the community at large than what is currently permissible. 4. This application is granted without prejudice to any other application in the Town of Pelham. 5. No objections were received from commenting agencies or abutting property owners. 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: None.
Moved by Sandra Marsh, seconded by Brenda Stan
Carried
THAT Application B25/2021P for consent to convey 2,266.2 square metres of land (Parts 5 and 10 on sketch), to be added to the abutting property to the south (Parts 6 and 7 on sketch), for future development. Parts 3, 4, 13 and 14 on the sketch is to be retained for continued future commercial use; and For consent to convey an easement in perpetuity over 277.9 square metres of land, being Parts 3 and 10 on sketch, to the benefit of Parts 1, 2, 11 and 12 on sketch for a right of way. Parts 3, 4, 5, 10, 13 and 14 on sketch are to be retained for continued future commercial use; and For consent to convey an easement in perpetuity over 41.2 square meters of land, being Part 14 on sketch, to the benefit of Parts 1, 2, 5, 6, 7, 8, 9, 10, 11 and 12 on sketch for a right of way. Parts 3, 4, 5, 10, 13 and 14 on sketch are to be retained for continued future commercial use; and For consent to convey an easement in perpetuity over 24.3 square meters of land, being Part 10 on sketch, to the benefit of Parts 3, 4, 13 and 14 on sketch for a private watermain. Parts 3, 4, 5, 10, 13 and 14 on sketch are to be retained for continued future commercial use, is hereby GRANTED. The above decision is subject to the following conditions: To the Satisfaction of the Secretary-Treasurer 1. That application for consent, file B25/2021P receive final certification of the Secretary-Treasurer concurrently with applications B26/2021P, B27/2021P and B28/2021P. 2. A solicitors undertaking, to the satisfaction
Moved by Sandra Marsh, seconded by Brenda Stan
Carried