The Pelham Record

Committee of Adjustment

April 2, 2024

What was decided (9 motions)

9 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the public portion of the meeting be closed.
Moved by Brenda Stan, seconded by Don Rodbard
Carried
Application A4-2024P for relief of 3.2.2(a) On-Farm Diversified Uses - Requesting the on-farm diversified use be permitted notwithstanding the use is not directly related to the existing permitted agricultural use(s) on the lot and shall primarily serve the existing permitted agricultural use(s) on the lot and the existing permitted agricultural use(s) on surrounding lots in the area, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as the OFDU is limited in area, is located on a portion of the site that is not actively farmed, is similar in character to the surrounding area, and is not anticipated to have negative impacts in terms of traffic and noise. 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 the use is not anticipated to be incompatible with the surrounding agricultural area, is not anticipated to cause adverse impacts in terms of traffic volumes, noise, or taking agricultural lands out of active production. 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 for relief of Section 3.
Moved by Brenda Stan, seconded by Don Rodbard
Carried
Application A5-2024P for relief of Section 3.1(c) “Accessory Uses, Buildings, and Structures” – to permit an exterior side yard setback of 1.2m whereas the By-law requires an exterior side yard setback of 3.0m, 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 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 it would allow for development of a pool and accessory structures associated with the pool on an existing 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. The above decision is subject to the following conditions: 1. To the Satisfaction of the Director of Community Planning and Development 1. Obtain a Pool Permit from the Town’s By-law Department 2. To the Satisfaction of the Director of Public Works 1. Submit a comprehensive Lot Grading & Drainage Plan demonstrating that the drainage neither relies, nor negatively impacts neighbouri
Moved by Don Rodbard, seconded by Brenda Stan
Carried
Application B4-2024P is made for consent to partial discharge of mortgage and consent to convey 380.9 square metres of land (Part 1), for future construction of a semi-detached dwelling unit. Part 3 is to be dedicated to the Town of Pelham for a road widening (no longer required). Part 4 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 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. That the Applicant submit an overall lot grading and drainage plan to demonstrate that the drainage does not negatively impact nor rely on neighboring properties. 3. 2 units in the proposed Part 1 lot are to be individually serviced with its own sanitary and water connections if permitted. This work is to be done by the owner, at the owner’s expense, and will require a Temporary Works Permit. Should these services cross property lines, Public Works will not support the consent to sever. 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. That the Applicant submit a Site Servicing Plan. 5. A Construction of new or modification of existin
Moved by Brenda Stan, seconded by Isaiah Banach
Carried
Application B5-2024P is made for consent to partial discharge of mortgage and consent to convey 348 square metres of land (Part 2), for future construction of a semi-detached dwelling. Part 3 is to be dedicated to the Town of Pelham for a road widening (no longer required). Part 4 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 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. That the Applicant submit an overall lot grading and drainage plan to demonstrate that the drainage does not negatively impact nor rely on neighboring properties. 3. 2 units in the proposed Part 2 lot are to be individually serviced with its own sanitary and water connections if permitted. This work is to be done by the owner, at the owner’s expense, and will require a Temporary Works Permit. Should these services cross property lines, Public Works will not support the consent to sever. 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. That the Applicant submit a Site Servicing Plan. 5. A Construction of new or modification of existing drive
Moved by Brenda Stan, seconded by Isaiah Banach
Carried
Application A6-2024P for relief of Section 6.2.3 (Semi-Detached Dwelling) “Minimum Rear Yard” – to permit a minimum rear yard setback of 5.75m whereas the By-law requires a minimum rear yard setback of 7.5m, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as a functional private amenity area is still maintained on 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 because as it is not anticipated to have a significant negative impact on the streetscape or adjacent properties and appropriate private amenity area will be maintained. 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 are permitted and that the Town does not allow any service connections for Part 4 as it is not within the urban boundary. The above decision is subject to the following conditions: 1. That all necessary building and demolition permits are obtained prior to construction commencing, to the satisfaction of the Chief Building Official. Prior to Buildin
Moved by Brenda Stan, seconded by Isaiah Banach
Carried
Application A7-2024P for relief of Section 6.2.3 (Semi-Detached Dwelling) “Minimum Rear Yard” – to permit a minimum rear yard setback of 4.5m whereas the By-law requires a minimum rear yard setback of 7.5m, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature as a functional private amenity area is still maintained on 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 because as it is not anticipated to have a significant negative impact on the streetscape or adjacent properties and appropriate private amenity area will be maintained. 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 are permitted and that the Town does not allow any service connections for Part 4 as it is not within the urban boundary. The above decision is subject to the following conditions: 1. That all necessary building and demolition permits are obtained prior to construction commencing, to the satisfaction of the Chief Building Official. Prior to Building
Moved by Brenda Stan, seconded by Isaiah Banach
Carried
THAT the Committee of Adjustment minutes dated January 8, 2024 and March 4, 2024, be approved.
Moved by Isaiah Banach, 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 May 6, 2024, at 4:00 p.m.
Moved by Don Rodbard, seconded by Isaiah Banach
Carried

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