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Committee of Adjustment
November 1, 2022
What was decided (5 motions)
5 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 Bernie Law, seconded by Brenda Stan
Carried
THAT application A14/2022P for relief of Section 16.3(g) “Minimum Rear Yard” – to permit a minimum rear yard setback of 3.96m whereas the by-law requires 7.5m; is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as no adverse impacts are anticipated on abutting properties. The variance does not change the use of the site nor does it substantially alter the functionality of the amenity space. 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 construction of a single storey sunroom structure which will not result in shadowing, will allow for the continued use of the rear and side yard as private amenity space and will not alter the function of the subject property. 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 Public Work
Moved by Brenda Stan, seconded by Bernie Law
Carried
THAT Application B11/2022P made for consent to partial discharge of mortgage and consent to convey 607.6 square metres of land (Part 3), for future construction of a single detached dwelling. Part 1 is to be retained for continued residential use of the dwelling known municipally as 1053 Pelham Street, is hereby: GRANTED THAT Application B12/2022P for consent to partial discharge of mortgage and consent to convey 606.5 square metres of land (Part 2), for future construction of a single detached dwelling. Part 1 is to be retained for continued residential use of the dwelling known municipally as 1053 Pelham Street, is hereby: GRANTED The above decisions are 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 & Drainage Plan, inclusive of tree location, demonstrating that the drainage neither relies, nor negatively impacts neighbouring properties, to the satisfaction of the Director of Public Works, or designate. 3. That the applicant prepare and submit a Tree Preservation Plan, to the satisfaction of the Director of Public Works, or designate. 4. That the applicant obtain a Driveway Access and Culvert Permit from the Town for the construction of
Moved by Bernie Law, seconded by Brenda Stan
Carried
THAT Application A15/2022P made for relief to rectify zoning deficiencies as a result of a consent application B11/2022P, from Section 13.2(a) “Minimum Lot Area” – to permit a minimum lot area of 607 sm whereas the by-law requires a minimum lot area of 700 sm; and Section 13.2(b) “Minimum Lot Frontage” – to permit a minimum lot frontage of 13.65m whereas the by-law requires 19m, is hereby: GRANTED; THAT Application A16/2022P made for relief, to rectify zoning deficiencies as a result of a consent application B12/2022P, from Section 13.2(a) “Minimum Lot Area” – to permit a minimum lot area of 605sm whereas the by-law requires a minimum lot area of 700sm and Section 13.2(b) “Minimum Lot Frontage” – to permit a minimum lot frontage of 13.65m whereas the by-law requires 19m. is hereby: GRANTED; The above decisions are based on the following reasons: 1. The variance is minor in nature as no adverse impacts are anticipated. The resulting built form is consistent with the existing neighbourhood from a land use, orientation and massing perspective and is considered an appropriately sensitive form of infill redevelopment. 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 allow for the development of a single detached residential dwelling in the low density R1 zone. 5. This application is granted without prejudice to a
Moved by Bernie Law, seconded by Brenda Stan
Carried
THAT the Committee of Adjustment Hearing minutes of July 5, 2022, be approved.