Committee of Adjustment

THAT the agenda for the January 13, 2025 Committee of Adjustment meeting be adopted, as circulated.

THAT the public portion of the meeting be closed.

Application for relief of Section 6.7.2 – Maximum Front Yard Setback – to permit a maximum front yard setback of 21.51 metres whereas the By-law allows for a 6 metres maximum front yard setback, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature as there will be minimal impacts on the streetscape, and there remains adequate lot area to site the new dwelling. 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 it is not anticipated to significantly alter the character of the neighbourhood and the requested variance will enable the owner to retain the existing dwelling in the interim while the new dwelling is constructed. 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 obtained prior to construction commencing, to the satisfaction of the Chief Building Official. 2. That demolition permits for the existing dwelling and two car garage are obtained, to the satisfaction of the Chief Building Official. Prior to

THAT Application made for consent to convey 1,463.2 square metres of land (Part 4), to be merged with the abutting property to the west (Part 2 – 346 Highway 20) for the purpose of consolidating all agriculture-related commercial space (Gallagher’s Farm Market), including farm buildings, on one lot, is hereby: GRANTED. The above decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. Confirm that no existing utilities cross the proposed lot lines. Should any services cross these lot lines, the applicant shall be responsible for costs associated with their relocation and / or removal. To the Satisfaction of the Director of Community Planning & Development 1. That final approval of all necessary zoning approvals (minor variances) be obtained for Parts 1, 2, 3, and 4. To the Satisfaction of the Secretary-Treasurer 1. Pursuant to Section 50(12) of the Planning Act, R.S.O. 1990, as amended, it is hereby stipulated that Section 50(3) or 50(5) shall apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the parcel abutting to the west (Part 2 on sketch), the subject parcel and the said abutting parcel shall merge in title and become one contiguous parcel of land. A solicitor’s written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps to implement the conveyance wil

THAT Application is made for consent to convey 16,885.3 square metres of land (Part 3), to be merged with to the abutting property to the north (Part 1 – 342 Highway 20) for continued use of the single detached dwelling. Part 2 is to be retained and is proposed to be merged with Part 4 through consent file B2-2025P for the purpose of consolidating all agriculture-related commercial space (Gallagher’s Farm Market), including farm buildings, on one lot, is hereby: GRANTED. The above decision is subject to the following conditions: To the Satisfaction of the Director of Public Works 1. Confirm that no existing utilities cross the proposed lot lines. Should any services cross these lot lines, the applicant shall be responsible for costs associated with their relocation and / or removal. To the Satisfaction of the Director of Community Planning & Development 1. That final approval of all necessary zoning approvals (minor variances) be obtained for Parts 1, 2, 3, and 4. To the Satisfaction of the Secretary-Treasurer 1. Pursuant to Section 50(12) of the Planning Act, R.S.O. 1990, as amended, it is hereby stipulated that Section 50(3) or 50(5) shall apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the parcel abutting to the north (Part 1 on sketch), the subject parcel and the said abutting parcel shall merge in title and become one contiguous parcel

THAT Application for relief of Section 5.2.2 “Minimum Lot Frontage” to permit a minimum lot frontage of 10.67 metres whereas the By-law requires a minimum of 180 metres, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature as it does not result in adverse impacts on neighbouring properties, or the use or function of the property itself. Access to the property is maintained, and there are no significant changes to traffic, servicing capability, or compatibility with surrounding land uses. 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 the variance facilitates an appropriate use of the land through the proposed boundary adjustment and is made for a legal or technical reason. 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. That the applicant is aware that future Planning Act applications will be subject to a 7.45 metre regional road widening across the frontage of the subject property The above decision is subject to the following conditions: 1. To the Satisfaction of the Director of Community Planning

THAT Application for relief of Section 3.2.1(e) “Agriculture-Related Uses – Minimum Lot Frontage” – to permit a minimum lot frontage of 57.16 whereas the By-law requires 150 metres for an agricultural- related use, is hereby: GRANTED. The above decision is based on the following reasons: 1. The variance is minor in nature as it does not result in adverse impacts on neighbouring properties, or the use or function of the property itself. Access to the property is maintained, and there are no significant changes to traffic, servicing capability, or compatibility with surrounding land uses. 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 the variance facilitates an appropriate use of the land through the proposed boundary adjustment and is made for a legal or technical reason. 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. That the applicant is aware that future Planning Act applications will be subject to a 7.45 metre regional road widening across the frontage of the subject property. The above decision is subject to the following conditions: 1. To the Sati

THAT the Committee of Adjustment minutes dated December 2, 2024, be approved.

BE IT RESOLVED THAT this Meeting of the Committee of Adjustment be adjourned until the next regular meeting scheduled for February 3, 2024 at 4:00 p.m.