Committee of Adjustment

THAT the public portion of meeting be closed.

THAT application for relief of Section 7.7(a) “Maximum (Accessory) Lot Coverage” – to permit a maximum accessory lot coverage of 2% whereas the by-law allows for 1% provided the maximum lot coverage of all buildings does not exceed 10%, is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as no adverse impacts on massing or streetscape are anticipated. 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 will facilitate the construction of a detached garage to accommodate for the homeowner’s storage and recreational use. 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 all necessary building permits are required prior to construction commencing, to the satisfaction of the Chief Building Official, and shall not be approved for living accommodations or plumbing within the accessory building.

THAT the public portion of the meeting be closed.

Application for relief of By-law 3705(2016), Section R2-254(f) “Minimum Rear Yard” – to permit a minimum rear yard of 5.3m whereas the by-law requires 7.5m, is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as the impact on the subject property and adjacent properties is minimal given the lot context. 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 it will permit the legal reconstruction of the existing rear yard deck while maintaining adequate rear yard amenity areas. 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 all necessary building permits are required prior to construction commencing, to the satisfaction of the Chief Building Official.

Application for relief of Section 9.2(g) “Minimum Rear Yard” – to permit a minimum rear yard of 3.66m whereas the by-law requires a minimum rear yard of 7.5m. is hereby: GRANTED; The above decision is based on the following reasons: 1. The variance is minor in nature as no adverse impacts are anticipated on adjacent properties as adequate distance separates the nearest residential neighbour from the location of the addition. 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 will permit the construction of a new attached 2-storey garage and second dwelling unit, which is in keeping with the housing and intensification policies of the Province, Region and Town. The proposed addition is compatible with the existing dwelling and the built form, maintaining the residential character of the area. 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 all necessary building permits are required prior to construction comme

Application is made for consent to convey 0.22 hectares of land (Part 1), to be added to the abutting property to the east (Part 3), to rectify existing encroachments. Part 2 is to be retained for continued residential use of the dwelling known municipally as 645 Canboro Road; is hereby; GRANTED; The above decision is subject to the following conditions: To the Satisfaction of the Region of Niagara, Planning and Development Services 1. That the owner of 645 Canboro Road (Part 2) apply to and receive approval from the Niagara Region for a Septic Permit Application to install a new Class 4 Sewage System to service the existing dwelling on the Property to the satisfaction of the Region of Niagara. 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 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 east (Part 3 on sketch), the subject parcel and the said abutting parcel shall merge in title and become one contiguous parcel of land. A solic

THAT the Committee of Adjustment minutes dated May 4, 2022, be approved.

BE IT RESOLVED THAT this Meeting of the Committee of Adjustment be adjourned until the next regular meeting scheduled for August 2, 2022 at 4:00 pm.