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Committee of Adjustment
September 1, 2020
What was decided (8 motions)
8 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
THAT application A6/2020P – 257 Chantel Road be adjourned sin dine.
Moved by Sandra Marsh, seconded by John Klassen
Carried
Application for relief of Application for relief of Section 13.2 (c) “Maximum Lot Coverage” to permit a maximum lot coverage of 32.04% whereas the by-law permits 30% and Section 13.2 (f) “Minimum Exterior Side Yard” to permit a minimum exterior side yard of 3.06m whereas the by-law requires 5m, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature and will allow more design flexibility for a larger building footprint and will allow a desirable rear yard landscaped amenity area to be maintained. 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 they will allow more design flexibility for the future residential dwelling with a larger ground floor area but also maintain a large rear yard amenity area. 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 required prior to construction commencing to the satisfaction of the Chief Building. Prior to the issuance of the Building Permit: 2. To the satisfaction of the Directo
Moved by John Klassen, seconded by Sandra Marsh
Carried
Application is made for consent to partial discharge of mortgage and consent to convey 2,824 square metres of land (Part 2), to be added to the abutting property to the south, for future development. Part 1 is to be retained for continued residential use of the dwelling known municipally as 1427 Station Street, is hereby: GRANTED The above 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. 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. 3. No objections to this proposal were received from commenting agencies or neighbouring property owners. 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: To the Satisfaction of the Director of Public Works 1. Confirm that no existing utilities currently cross the proposed lot lines. Should any existing services cross the proposed boundaries, then the applicant shall be responsible for relocation / removal costs. 2. Provide a written acknowledgment that th
Moved by Sandra Marsh, seconded by John Klassen
Carried
Application is made for consent to convey 3.98 hectares of land (Part 1) for a future agricultural or residential use. Part 2 is to be retained, is hereby: GRANTED The above 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. 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. 3. No objections to this proposal were received from commenting agencies or neighbouring property owners. 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: To the Satisfaction of the Director of Public Works 1. Submit a comprehensive overall Lot Grading & Drainage Plan for both 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 appli
Moved by John Klassen, seconded by Sandra Marsh
Carried
Application for relief of Application for relief of Section 7.2 (a) “Minimum Lot Frontage” – to permit a minimum lot frontage of 150.43m whereas the by-law requires 180m and Section 7.2 (b) “Minimum Lot Area” – to permit a minimum lot area of 3.98ha whereas the by-law requires 10ha, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature given the proposed lot size is capable of supporting a variety of permitted uses without causing adverse impacts to the neighbourhood. 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 it will allow for the full range of permitted agricultural uses to continue to be available in the future despite being on a smaller parcel of land. 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 the approval of the minor variance is subject to Consent File B6/2020P obtaining final approval.
Moved by John Klassen, seconded by Sandra Marsh
Carried
That the minutes of the February 4, 2020, Committee of Adjustment Hearing be approved.
Moved by Sandra Marsh, seconded by John Klassen
Carried
That the minutes of the June 30, 2020, Committee of Adjustment Hearing be approved.
Moved by John Klassen, seconded by Sandra Marsh
Carried
BE IT RESOLVED THAT this Meeting of the Committee of Adjustment Hearing be adjourned until the next regular meeting scheduled for October 6, 2020 at 4:00 pm.