The Pelham Record

Committee of Adjustment

July 11, 2017

What was decided (4 motions)

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

Application for relief of Section 7.4(a) – Minimum Lot Frontage is requested to permit a frontage of 5.72 metres whereas 46 metres is required, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature in that the lands are unaltered and no negative impacts on adjacent uses are anticipated. 2. The general purpose and intent of the Zoning By-Law is maintained in that the frontage reduction is less than what is required but is satisfactory for driveway access which is accomplished through reciprocal rights-of-ways. 3. The intent of the Official Plan is maintained in that it will help correct a previous unfortunate circumstance by reconfiguring open space to facilitate a shared road access to Cream Street. 4. The proposal is desirable for the appropriate development and/or use of the land in that it will recognize the frontage shortfall and give legal status to develop a land locked parcel. 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. The above decision is subject to the following conditions: 1. That concurrent Consent Applications B18/2017P, B19/2017P, B20/2017P and Minor Variance Appl
Moved by Donald Cook, seconded by Brian DiMartile
Carried
Application for relief from Section 7.7 (b) – Minimum Side Yard & Rear Yard seeking 1.22 metres whereas 3 metres is required to facilitate construction of a detached garage, is hereby: GRANTED The above decision is based on the following reasons: 1. The variance is minor in nature in that sufficient distance still separates the lot line and can accommodate drainage. 2. The general purpose and intent of the Zoning By-Law is maintained in that some spatial separation is maintained for drainage purposes and maintenance of the exterior walls. 3. The intent of the Official Plan is maintained in that rural aesthetics are maintained with no negative impacts to neighbours as drainage must be contained on site and greater distance buffers the proposed garage from the Greenbelt Natural Heritage Systems to the west. 4. The proposal is desirable for the appropriate development and/or use of the land in that it will allow for greater use of the existing rear yard amenity 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 meets the Planning Act tests for minor variance. The above decision is subject to the following conditions: 1. Prior to issuance of a building permit, that the Applicant conf
Moved by Donald Cook, seconded by Brian DiMartile
Carried
Application for consent to convey 4,249 square metres of land, shown as Part 1 on the drawing submitted, to create a new lot for Semi-detached Residential use, Part 2, being part of Lot 1, Concession 10, in the Town of Pelham, is hereby: GRANTED This decision is based on the following reasons: 1. The 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. 2. No objections to this proposal were received from commenting agencies or neighbouring property owners. 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: 1. That the applicant submit a comprehensive overall lot grading & drainage plan for all parcels demonstrating that the drainage neither relies upon nor negatively impacts neighbouring properties, and that all drainage will be contained within the respective boundaries of the new parcel, to the satisfaction of the Director of Public Works & Utilities. 2. That the applicant sign the Town of Pe
Moved by Donald Cook, seconded by Brian DiMartile
Carried
BE IT RESOLVED THAT this Meeting of the Committee of Adjustment Hearing be adjourned until the next regular meeting scheduled for August 1, 2017 at 4:00 pm.
Moved by Donald Cook, seconded by Brian DiMartile
Carried

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