Committee of Adjustment

Application for relief, of Section 6.16 (d) (i) “Ingress and Egress – Minimum 2-way Drive Aisle Width” – to permit a drive aisle of 6.25m for two-way traffic whereas the by-law a requires 7.5m drive aisle for two-way traffic, Section 19.3 (a) “ Maximum (Residential) Gross Floor Area” – to permit not more than 80% of the gross floor area whereas the by-law allows for not more than 50% gross floor area and whereas the property received a minor variance approval to allow not more than 75%, Section 19.3 (b) and 20.1 (c) “Dwelling Unit to the Rear of Ground Floor Behind Commercial” – to permit a dwelling unit behind a commercial use whereas the by-law requires a dwelling unit shall only be permitted above the ground floor of any commercial use and Section 20.2 (c) “Maximum Lot Coverage” – to permit a maximum Lot Coverage of 48% whereas the by-law allows 40% and whereas the property received a minor variance approval to allow 42%, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature as the parking area will still function well and allow for safe and practical movement of vehicles, as it will not affect the appearance of the building as commercial along the frontage and commercial uses are still being provided at grade and as it will not negatively affect the function of the site adequate space for appropriate parking, pedestrian connections and amenity space for the new residential dwelling unit and storm water can be appropri

Application is made for consent to convey 1,034 square metres of land (Part 3), to be added to the abutting property to the west, for continued residential use. Part 1 is to be retained for continued residential use of the dwelling known municipally as 282 Canboro Road, is hereby: GRANTED The above decision is based on the following reasons: 1. The applicant is aware that additional zoning applications may be required for accessory building uses and / or that demolition permits may be required if zoning compliance cannot be achieved. 2. 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. 3. 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. 4. 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 Parts demonstrating that drainage neither relies upon, nor negatively impacts adjacent properties, and that all drainage will be contained

That the minutes of the September 1, 2020 Committee of Adjustment hearing be approved.

That the minutes of the November 3, 2020 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 12, 2021 at 4:00 pm.