The Pelham Record

Committee of Adjustment

March 12, 2019

What was decided (4 motions)

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

Application for relief, pursuant to Section 45(2)(a)(i) of the Planning Act to permit an extension of a legal non-conforming use, to setbacks to facilitate construction of an addition to the residence, 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. No adverse impacts are anticipated for the surrounding area. 3. The proposed expansion is compatible with the character of the area and it is not anticipated that an increase in negative impact will result from the addition. 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. 7. The applicant is aware the proposed septic bed must meet the minimum 5m setback to the driveway. 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 Sandra Marsh, seconded by Bill Sheldon
Carried
Application is made for relief of Section 7.7 (d) “Maximum Accessory Building Height” to increase the permitted height from 3.7m to 6.17m to the midpoint of the pitched roof, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature minor given the rural context. 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 property as it allows for enhanced storage and use of the facility. 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 is aware of the requirement for setback distance between the driveway and the existing tile bed. 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, and shall not be approved for living accommodations or plumbing within the accessory building.
Moved by Bill Sheldon, seconded by Sandra Marsh
Carried
Application for permission pursuant to Section 45(2)(a)(ii) of the Planning Act to allow a similar use to permit the lands and existing building to be used as a construction contractor’s office with accessory indoor and screened outdoor storage, 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 ‘contractor yard & office’ is more in keeping with the Greenbelt Plan and respects the policies of the Town’s Official Plan. 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. 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. 6. The Committee of Adjustment grants the application with the applicant knowing and understanding the conditions imposed. The above decision is subject to the following conditions: 1. Within 6 months from the date of the decision the applicant shall plant a row of trees along the eastern edge of the parking lot, extending ± 30 metres from the front lot line, and ± 40 metres along the front lot line, east of the parking lot, to the satisfacti
Moved by Bill Sheldon, seconded by Sandra Marsh
Carried
BE IT RESOLVED THAT this Meeting of the Committee of Adjustment Hearing be adjourned until the next regular meeting scheduled for April 2, 2019 at 4:00 pm.
Moved by Sandra Marsh, seconded by Bill Sheldon
Carried

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