Committee of Adjustment

THAT the Agenda be amended to hear consent application B11/2019P prior to hearing minor variance applications A28/2019P and A29/2019P.

Application is made for consent to partial discharge of mortgage and to convey 432.82 square metres of land (Part 1) for construction of a residential dwelling. 835.94 square metres of land (Part 2) is to be retained for continued use of the dwelling known as 20 Alan Crescent, is hereby: REFUSED This decision is based on the following reasons: It is the opinion of the Committee of Adjustment that: 1. The application does not conform to the policies of the Town of Pelham Official Plan, Regional Policy Plan and Provincial Policy Statement, and fails to comply with the Town’s Zoning By-law, more specifically with respect to: 1. Official Plan A2.3 Urban Character as the application does not satisfy the goal of the official plan with regard to the character and stability of the neighbourhood and the scale and density of the neighbourhood. 2. 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, and the Committee finds that the application does not satisfy the following Sections of the Planning Act: 1. Section 51(24) (c) as the proposal does not conform to Section A2.3 Urban Character of the Town’s Official Plan; 2. Section 51(24) (d) as legalizing the proposed lot requires several minor variances (or zoning amendments) which individually may be considered minor, however holistically are major and together completely alter the current requirements under the R-1 Zone of the current Zoning By-Law; 3. Section 5

Application for relief of Section 13.2 (a) “Minimum Lot Area” to permit a lot area of 432 m², whereas 700 m² is required, is hereby: REFUSED. The above decision is based on the following reasons: For specific reasons as stated at the hearing, it is the opinion of the Committee of Adjustment that: 1. The variance is not minor in nature. 2. The general purpose and intent of the Zoning By-Law is not maintained. 3. The proposal is not desirable for the appropriate development and/or use of the land. 4. This application is refused without prejudice to any other application in the Town of Pelham. 5. The Committee of Adjustment considered the written and oral comments and finds that this application does not meet the required Planning Act criteria, and is not consistent with the Town Official Plan. Application for relief of Section 13.2 (b) “Minimum Lot Frontage” to permit a lot frontage of 14.2 m, whereas 19 m is required, is hereby: REFUSED. The above decision is based on the following reasons: For specific reasons as stated at the hearing, it is the opinion of the Committee of Adjustment that: 1. The variance is not minor in nature. 2. The general purpose and intent of the Zoning By-Law is not maintained. 3. The proposal is not desirable for the appropriate development and/or use of the land. 4. This application is refused without prejudice to any other application in the Town of Pelham. 5. The Committee of Adjustment considered the written and oral comments and finds that this a

Application for relief of Section 13.2 (d) “Minimum Front Yard” to permit a front yard of 6.19m, whereas 7.7m is required, is hereby: REFUSED. The above decision is based on the following reasons: For specific reasons as stated at the hearing, it is the opinion of the Committee of Adjustment that: 1. The variance is not minor in nature. 2. The general purpose and intent of the Zoning By-Law is not maintained. 3. The proposal is not desirable for the appropriate development and/or use of the land. 4. This application is refused without prejudice to any other application in the Town of Pelham. 5. The Committee of Adjustment considered the written and oral comments and finds that this application does not meet the required Planning Act criteria, and is not consistent with the Town Official Plan. Application for relief of Section 13.2 (e) “Minimum Interior Side Yard” to permit an interior side yard of 1.2m, whereas 1.8m is required, is hereby: REFUSED. The above decision is based on the following reasons: For specific reasons as stated at the hearing, it is the opinion of the Committee of Adjustment that: 1. The variance is not minor in nature. 2. The general purpose and intent of the Zoning By-Law is not maintained. 3. The proposal is not desirable for the appropriate development and/or use of the land. 4. This application is refused without prejudice to any other application in the Town of Pelham. 5. The Committee of Adjustment considered the written and oral comments and finds

BE IT RESOLVED THAT this Meeting of the Committee of Adjustment Hearing be adjourned until the next regular meeting scheduled for March 3, 2020 at 4:00 pm.