Committee of Adjustment

THAT the agenda for the August 8, 2023, Committee of Adjustment meeting be adopted, as circulated.

THAT the public portion of the application be closed.

THAT Application A14/2023P for relief of Section 5.2.3 “Minimum Interior Side Yard” – to permit a minimum interior side yard of 4.45m whereas the by-law requires 8m, is hereby: GRANTED; and THAT relief of Section 5.2.3 “Minimum Rear Yard” – to permit a minimum rear yard of setback of 11.4m whereas the by-law requires 15.0m, is hereby: GRANTED; The above decisions are based on the following reasons: 1. The variance is minor in nature as the use of the lands will remain appropriate as a rural non-farm residential use, the lands remain compatible with the surrounding area and the degree of impact is minimal. 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 facilitate an addition to the existing dwelling that meets the needs of the property owners while maintaining the character of the neighbourhood. 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 decisions are 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

THAT Application A15/2023P for relief of Section R2-95 “Maximum Front Yard” – to permit a maximum front yard setback of 5.9m to the dwelling front face whereas the by-law requires a maximum front yard setback of 5.5m, is hereby GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as there will be minimal impacts on the streetscape, and there remains sufficient lot area to site the proposed dwelling 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 facilitate the siting of the proposed dwelling on a lot with irregular frontage. 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 no side yard walkways that impede side yard 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 Director of Public Works 1. Submit an overall Lot Grading & Drainage Plan demons

THAT Application A16/2023P for relief of Section 4.3.1(a) “Minimum Bicycle Parking Requirements” – to permit a minimum bicycle parking ratio of 0.25 short-term bicycle parking spaces per unit (12 spaces) whereas the by-law requires a minimum of 0.8 short-term bicycle parking spaces per unit (35 spaces), is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as adequate short-term spaces will be provided (2 racks). 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 adequate short-term spaces will be provided while allowing for a better use of the space. 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. Receive clearance from the Ministry of Heritage, Sport, Tourism & Culture with regards to the completed Archaeological

THAT Application A16/2023P for relief of Section 9.2.3 “Minimum Lot Area” – to permit a minimum lot area of 80 m2 per dwelling unit whereas the by-law requires a minimum lot area of 150 m2 per dwelling unit, is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as it is not anticipated to impact the functionality of the site or the ability to site the proposed building. The site with maintain adequate landscaped buffers and retain existing vegetation. 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 is not anticipated to have substantial impacts on the surrounding area and is generally compatible in terms of use. The variance will not impact the functionality of the site. 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 Devel

THAT Application A16/2023P for relief of Section 9.2.3 “Minimum Side Yard” – to permit a minimum side yard setback of 3m to the easterly lot line whereas the by-law requires a minimum side yard setback of 6m, is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as siting the building closer to the eastern property line allows for a larger buffer between the building and the neighbouring residential uses to the west. The reduced setback to the eastern property line will have a lesser impact on neighbouring residential uses than if the building was located in the centre of the site. 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 the variance allows for the siting of the building farther away from the existing residential uses to the west. The variance still allows for appropriate landscaping buffering and drainage. 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 t

THAT Application A16/2023P for relief of Section 9.2.3 “Maximum Building Height” – to permit a maximum building height of 21.0m whereas the by-law permits a maximum building height of 15m, is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as the increase in height is not anticipated to have significant impacts on neighbouring land uses and is generally in character with surrounding land uses. 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 provides for a form of development that is generally compatible and desirable for the surrounding area. The building has been sited in a location to reduce potential impact on neighbouring lands in terms of privacy and shadowing. The increased height is not anticipated to result in a built from that is inappropriate for the lands. The increased height will allow for the provision of two levels of parking within the building, reducing the need for surface parking, thus providing more space for landscaped areas. 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

THAT the Committee of Adjustment minutes dated June 5, 2023, be approved.

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