Committee of Adjustment

THAT the agenda for the September 5, 2023 Committee of Adjustment meeting be adopted, as circulated.

THAT the pubic portion be closed.

THAT Application B12/2023P is made for consent to convey 4791.7 square metres of land (Part 1), for continued residential use of 305 Canboro Road. Part 2 is to be retained for continued agricultural use, is hereby GRANTED; The above decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. That the applicant 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 within their respective lots, to the satisfaction of the Director of Public Works, or designate. 2. Confirm that no existing utilities cross the proposed lot line. In the event that services do cross, the applicant shall be responsible for the costs and responsibility of their relocation and/or removal To the Satisfaction of the Director of Community Planning & Development 1. That Part 2 be rezoned to an Agricultural Purposes Only (APO) Zone. To the Satisfaction of the Secretary-Treasurer 1. That the Secretary-Treasurer be provided with a registrable legal description of the subject parcel, together with a copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That the final certification fee of $423, payable to the Treasurer, Town of Pelham, be submitted to the Secretary- Treasurer. All costs associated with fulfilling conditions of consent shall be borne by the applic

THAT Application B13/2023P is made for consent to partial discharge of mortgage and consent to convey 280.9 square metres of land (Part 4), 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 decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. That the applicant obtain a Driveway Entrance and Culvert Permits for Part 1 and Part 4 from the Public Works department for the construction of all new or modification of existing driveways or entrances. The installation and/or modification of all entrances shall be completed in accordance with Town Standards and to the satisfaction of the Director of Public Works. 2. That the applicant confirm that no existing utilities currently cross the proposed new property line to the satisfaction of the Director of Public Works. Should any services cross this new property lines, the applicant will be responsible for costs associated with their relocation and/or removal. 3. Prepare the easement documents and register the proposed drainage easement (Parts 3, 6, and 7) on title to the satisfaction of the Director of Public Works. 4. That the applicant submit an overall Lot Grading and Drainage Plan to demonstrate that the drainage does not negatively impact nor rely on neighboring properties to the satisfaction of the Director of Public Works for Parts 1-6

THAT Application B14/2023P made for consent to partial discharge of mortgage and consent to convey 168.3 square metres of land (Parts 5 and 6), to be added to the abutting property to the north (Part 4), for future development of a single detached dwelling. Parts 2 and 3 are to be retained for continued residential use, is hereby GRANTED; The above decision is subject to the following conditions To the Satisfaction of the Director of Public Works 1. The applicant submit an overall lot grading and drainage plan for Parts 1-6 to demonstrate that the drainage does not negatively impact nor rely on neighboring properties to the satisfaction of the Director of Public Works. Such grading plans shall include the requirement of new catch basin in Part 3 to the benefit of Part 2. 2. That the applicant confirm that no existing utilities currently cross the proposed new property line to the satisfaction of the Director of Public Works. Should any services cross this new property lines, the applicant will be responsible for costs associated with their relocation and/or removal. 3. The applicant obtains a Driveway Entrance and Culvert Permit from the Public Works department for the construction of all new or modification of existing driveways or entrances. Installation and/or modification of all entrances shall be completed in accordance with Town Standards to the satisfaction of the Director of Public Works. 4. Prepare easement documents and register the proposed drainage easement (Parts

THAT Application A18/2023P for relief of Section 6.1.2 “Minimum Rear Yard” – to permit a minimum rear yard setback of 4.7m whereas the by-law requires a minimum rear yard setback of 7.5m, is hereby GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as it is not anticipated to have a significant negative impact on the streetscape or adjacent properties. Adequate area does exist on the property to provide for appropriate outdoor amenity area. 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 as appropriate private amenity area will be maintained on the site in the interior side yard. 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. 7. The applicant is aware that no side yard walkways that impede swales shall be permitted. Application for relief of Section 3.7 “Encroachments – Decks (uncovered)” – to permit an encroachment of 6.42m into the required rear yard, whereas an encroachment of 4m is permitted. Is hereby GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as the i

THAT the Committee of Adjustment minutes dated July 4, 2023, be approved.

BE IT RESOLVED THAT this Meeting of the Committee of Adjustment be adjourned until the next regular meeting scheduled for October 3, 2023 at 4:00 pm.