Committee of Adjustment

Application for relief of Section 19.3(a) – “Regulation for Residential Uses Permitted in Clause (c) of Subsection 19.1” – seeking 70% of the gross floor area for dwelling units whereas 50% is permitted, to facilitate construction of an addition to a commercial building to construct an additional 12 residential units above the existing floors making it a four-storey mixed-use building, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature in that adequate commercial space is available and ground level commercial space is to be maintained. 2. The general purpose and intent of the Zoning By-Law is maintained in that commercial space is maximized at-grade, notwithstanding the driveway accesses. 3. The intent of the Official Plan is maintained in that it will help diversify the land use mix and add housing supply downtown. 4. The proposal is desirable for the appropriate development and/or use of the land in that it provides enduring resiliency in terms of managing rental income and vacancies and allows for a more stable supply of residents Downtown to support current and future businesses. 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 applica

Application for relief of Section 13.2(e) – “Minimum Interior Side Yard” – seeking 1.2 metres whereas 1.8 metres is required, to facilitate the construction of a two-storey residential dwelling with a garage, is hereby: GRANTED. Application for relief of Section 13.2(f) – “Minimum Exterior Side Yard” – seeking 3 metres whereas 5 metres is required, to facilitate the construction of a two-storey residential dwelling with a garage, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature in that there are no negative impacts on the neighbours. 2. The general purpose and intent of the Zoning By-Law is maintained in that adequate spatial separation for drainage purposes and will not pose any proximate dangers to vehicle traffic and will positively reinforce the public realm by framing the streetscape with an active building façade. 3. The intent of the Official Plan is maintained in that there are no negative impacts on the neighbours. 4. The proposal is desirable for the appropriate development and/or use of the land in that it allows for more design flexibility while preserving rear yard open space. 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 for relief of Section 6.14(a) “New Development in or Adjacent to an Agricultural A Zone or Special Rural SR Zone” – seeking relief from the minimum distance separation (MDS) to allow a distance of 86.24 metres whereas 300 metres is required, being the distance separation from a barn on an adjacent property, to facilitate construction of a detached single family dwelling, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature in that the lack of nuisance complaints with several existing dwellings in close proximity and the west winds directing odour from the nearby livestock operation to the east and there are no negative impacts experienced by current nearby residential uses. 2. The general purpose and intent of the Zoning By-Law is maintained in that adequate open space is maintained between the existing and proposed use and there are no negative complaints from the current neighbouring residents. 3. The intent of the Official Plan is maintained in that it would permit the construction of a single detached dwelling which is a permitted use on existing lots of record. 4. The proposal is desirable for the appropriate development and/or use of the land in that it would provide for the development of a single detached dwelling for which the lot was naturally created as a result of the Canadian Pacific Railway corridor and the vacant lot is too small for a traditional independent cash crop operation. 5. This applic

That the minutes of the July 11, 2017, Committee of Adjustment Hearing be approved.

BE IT RESOLVED THAT this Meeting of the Committee of Adjustment Hearing be adjourned until the next regular meeting scheduled for January 9, 2017 at 4:00 pm.