Committee of Adjustment

Application is made for consent to convey 1114 square metres of land, shown as Part 3 on the drawing submitted, being part of Lot 3, RP 59M-101, in the Town of Pelham is here GRANTED. Conditions: 1. That the applicant provide written confirmation to the Director of Public Works & Utilities that no existing water or sewer services branch from or through the remnant and proposed lots to other lands. 2. That the applicant submits a comprehensive lot grading & drainage plan for all parcels to demonstrate that drainage does not negatively impact neighbouring properties, to the satisfaction of the Director of Public Works. 3. That the applicant enters into a Development Agreement with the Town pertaining to the subject and remnant parcels, to the satisfaction of the Town of Pelham Director of Public Works, in consultation with the Region of Niagara Planning and Development Services Division, to include but not be limited to: a. Extension of the municipal sanitary sewer main along Canboro Road eastward from the most easterly manhole to a point within the frontage of the most easterly lot (Part 3), in accordance with Ontario Ministry of the Environment requirements, which shall include submission of detailed design drawings with calculations for the sanitary sewer extension to Niagara Region Planning and Development Division for review and approval, to comply with the Ministry of The Environment and Climate Change Compliance Approvals, under the Transfer of Review Program. b. Install

Application is made for consent to convey 1115 square metres of land, shown as Part 2 on the drawing submitted, being part of Lot 3, RP 59M-101, in the Town of Pelham is hereby GRANTED. Conditions: 1. That the applicant provide written confirmation to the Director of Public Works & Utilities that no existing water or sewer services branch from or through the remnant and proposed lots to other lands. 2. That the applicant submits a comprehensive lot grading & drainage plan for all parcels to demonstrate that drainage does not negatively impact neighbouring properties, to the satisfaction of the Director of Public Works. 3. That the applicant enters into a Development Agreement with the Town pertaining to the subject and remnant parcels, to the satisfaction of the Town of Pelham Director of Public Works, in consultation with the Region of Niagara Planning and Development Services Division, to include but not be limited to: a. Extension of the municipal sanitary sewer main along Canboro Road eastward from the most easterly manhole to a point within the frontage of the most easterly lot (Part 3), in accordance with Ontario Ministry of the Environment requirements, which shall include submission of detailed design drawings with calculations for the sanitary sewer extension to Niagara Region Planning and Development Division for review and approval, to comply with the Ministry of The Environment and Climate Change Compliance Approvals, under the Transfer of Review Program. b. Insta

Application for relief of Section 7.4(c) to allow 12.5% overall lot coverage whereas 10% is allowed is hereby GRANTED. Application for relief of Section 7.7(a) to allow 3.5% lot coverage for accessory buildings whereas 1% is allowed is hereby GRANTED. This decision is based on the following reasons: 1. The variance is minor in nature as the variances can be accommodated with minimal impact. Adequate open space / amenity and septic area for the residents remains even with the exceedance of both accessory and total lot coverages. 2. The general purpose and intent of the Zoning By-Law is maintained because ample amounts of open space remain available on the site, thus the increased lot coverage will not adversely impact the rural residential nature of the lot or the surrounding countryside. 3. The intent of the Official Plan is maintained adequate open space remains and the property`s development should retain its rural character with one single detached dwelling. 4. The proposal is desirable for the appropriate development and/or use of the land because it will allow for the practical development of a single detached dwelling on a rural parcel which otherwise is considered too small in area and would restrict the flexibility to build a home. The proposal to exceed the maximum allowable accessory building lot coverage is desirable for the development because it will recognize the existing kwanza hut and allow for the appropriate storage and use of the property’s belongings. 5. T

Application for relief of Zoning By-law Special Provisions Amendment R1-31 to permit the addition of the use “granite slab work” to the existing uses is hereby GRANTED. This decision is based on the following reasons: 1. The variance is minor in nature as it is not expected to generate any unreasonable negative impacts for adjacent uses or the community at large than what is currently permissible. 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 as the addition of ‘granite slab work’ to the permitted uses will help ensure a more resilient business prospect for a broader, but similar manufactured use. 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.

Application for relief of Section 7.7(a) to allow 3% lot coverage for accessory buildings whereas 1% is allowed is hereby GRANTED. This decision is based on the following reasons: 1. The variance is minor in nature as the variance can still be accommodated with minimal impact maintaining adequate open space / amenity and septic area for the residents. No negative impacts are anticipated by the adjacent neighbors as adequate distance buffers the surrounding uses from the subject land. 2. The general purpose and intent of the Zoning By-Law is maintained as ample amounts of open space remain available on the site, thus the increased lot coverage will not adversely impact the rural residential nature of the lot or the surrounding countryside. 3. The intent of the Official Plan is maintained as the variance is appropriate given the site’s rural context and meets the purpose of the Town Official Plan policies. 4. The proposal is desirable for the appropriate development and/or use of the land because it will allow for the practical development of a single detached dwelling on a rural parcel which otherwise is considered too small in area to accomplish such a build. 5. The applicant is aware, through written correspondence received, that should any changes occur to the pool or sewage system in the future, compliance with setback requirements will need to be considered. 6. This application is granted without prejudice to any other application in the Town of Pelham. 7. No objections w

Application for relief from Zoning By-law 1136(1987), as amended by By-law 2817(2006), Section 6.9(c)(iii); Reduction to Loading Space – to reduce loading space to 1 space for Commercial GFA over 930m2 whereas 2 spaces is required for commercial FGA over 13,000 ft2 is hereby GRANTED. Relief from Section 6.9(h): Reduce Loading Space Access – to reduce loading space access requirement to 3.05m whereas 3.5 m is required is hereby GRANTED. Relief from Section 6.16(a): Reduction of parking requirement – to reduce parking requirement to 1 space per dwelling unit whereas 1.5 spaces per dwelling unit is required is hereby GRANTED. Relief from Section 6.16(a): Reduction of parking requirement – to reduce parking requirement to 39 spaces whereas 45 spaces are required is hereby GRANTED. Relief from Section 6.16(d)(i): Reduction of parking aisle width – to reduce parking aisle width to 6.6m whereas 7.6m is required is hereby GRANTED. Relief from Section 19.3(c): Reduction of landscape amenity area – to reduce landscape amenity area to Nil (0m2) whereas 55m2 is required is hereby GRANTED. This decision is based on the following reasons: 1. The variances are minor in nature as: a. The reduction of the loading space requirement of 2 spaces to 1 space per the existing commercial ground floor area (GFA) is minor overall considering the property has historically been utilizing 1 true loading space from the currently registered Site Plan on title. b. Reducing the required loading access width

That the Committee of Adjustment hearing of October 4, 2016 be adjourned.