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Committee of Adjustment
March 3, 2020
What was decided (5 motions)
5 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
Application for relief, By-law No. 4041 (2018) Section 2. RM1-287 Section 6. General Provisions (c) “Garage - setbacks” to remove the shared masonry wall requirement in favour of an approved Ontario Building Code detail, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature overall as the Ontario Building Code (OBC) best regulates these matters. 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 more construction design flexibility for the builder / market. 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: To the satisfaction of the Chief Building Official: 1. Mutual garages must have an alternative firewall, as per the Ontario Building Code (OBC); and 2. Individual building permits are required for each townhouse unit and detached garage prior to construction commencing Application for relief, By-law No. 4041 (2018) Section 2. RM1-287 Section 6. General Prov
Moved by Bill Sheldon, seconded by Bernie Law
Carried
Application is made for consent to convey an easement in perpetuity of land (Part 3) for an existing sanitary sewer lateral connection in favour of Part 2 on the attached sketch and consent to convey 1,479.8 square metres of land (Part 2). Parts 1 and 3 are to be retained for residential use, is hereby: GRANTED The above 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 Official Plan and the Town Official Plan. The above decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. Submit a comprehensive overall Lot Grading & Drainage Plan for all parcels demonstrating that the drainage neither relies upon, nor negatively impacts neighbouring properties, to the satisfaction of the Director of Public Works. 2. Ensure Part 1 is serviced at Pelham Street with an individual 20 mm Ø water service and 125 mm Ø sanitary sewer lateral in accordance with Tow
Moved by Bernie Law, seconded by Bill Sheldon
Carried
Application is made for consent to convey 75.25 square metres of land (Part 3), to be added to the abutting property to the east (Part 2), for residential use. The application for boundary adjustment is intended to allow for the construction of a residential dwelling on Parts 2 and 3 and the removal and reconstruction of a residential dwelling on Part 1. Part 1 is to be retained for continued residential use known municipally as 31 Emmett Street, is hereby: GRANTED The above 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 Official Plan and the Town Official Plan. The above decision is subject to the following conditions: The above decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. Submit a comprehensive overall Lot Grading & Drainage Plan for all parcels, including the side yards of adjoining properties, demonstrating that the drainage
Moved by Bernie Law, seconded by Bill Sheldon
Carried
That the minutes of the November 5, 2020, Committee of Adjustment Hearing be approved.
Moved by Bernie Law, seconded by Bill Sheldon
Carried
BE IT RESOLVED THAT this Meeting of the Committee of Adjustment Hearing be adjourned until the next regular meeting scheduled for April 7, 2020 at 4:00 pm.