 | PRESENT:
Vice Chair: John Bice; Members: Eric Lehtinen, Richard Ventresca, Paul Harber, Steve Bartolini
REGRETS:
Chair: Allen Snider;
STAFF:
Natalie Thomson Secretary-Treasurer
Mark Iamarino Senior Planner
OTHERS:Josh Salisbury Planner II
Victoria Nikoltcheva Planner II
1. Attendance
Vice Chair John Bice called the roll.
2. Call to Order, Declaration of Quorum and Introduction of Committee and Staff
Vice Chair John Bice called the meeting to order and confirmed quorum at 6:30 p.m.
3. Disclosure of Pecuniary Interest and General Nature Thereof
Steve Bartolini declared an interest on COA-63-2021 - 328 Queen Street - Fence Variance FV-03/21 due to the applicant being a close friend.
4. Request for Withdrawl or Adjournment
4.1 COA-64-2021 - 3 Firelane 14A - Legal Non-Conforming Use LNCU-03/21
Moved by Eric Lehtinen that COA-64-2021 - 3 Firelane 14A - Legal Non-Conforming
Use LNCU-03/21 be deferred to allow time for additional studies requested by the NPCA.
APPROVED.
The following Committee members noted approval;
Paul Harber
John Bice
Steve Bartolini
Eric Lehtinen
Richard Ventresca
5. Presentations
There were none.
6. Announcements
There were none.
7. Applications
7.1 COA-60-2021 - 15316 Niagara River Parkway - Minor Variance A-35/21
Kiruba Sankar (homeowner) was present on behalf of the application. Kiruba delivered a presentation.
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report.
The Chair called on those registered to speak in support of the proposal. There was no one in the audience who wished to speak for the application.
The Chair called on those registered to speak against the application. There was no one in the audience who wished to speak against the application.
The Committee discussed the application.
Moved by Eric Lehtinen that COA-60-2021 - 15316 Niagara River Parkway - Minor Variance A-35/21 be approved.
APPROVED.
The following Committee members noted approval;
John Bice
Paul Harber
Steve Bartolini
Richard Ventresca
Eric Lehtinen
Decision: Granted.
Reasons: The Committee of Adjustment agrees with the minor variance report analysis and recommendation that this application meets the four Planning Act tests for minor variance:
1. The variance is minor in nature.
2. The variance is appropriate for the development of the land.
3. The general intent and purpose of the Zoning By-law is maintained.
4. The general intent and purpose of the Official Plan is maintained.
The Chair summarized the decision.
7.2 COA-61-2021 1883 Lakeshroe Road - Minor Variance A-36/21
Kristen McNutt (Jordan Station Design) was present on behalf of the application. Kristen delivered a presentation.
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report.
The Chair called on those registered to speak in support of the proposal. There was no one in the audience who wished to speak for the application.
The Chair called on those registered to speak against the application. There was no one in the audience who wished to speak against the application.
The Committee discussed the application.
Moved by Steve Bartolini that COA-61-2021 - 1883 Lakeshore Road - Minor Variance A-36/21 be approved.
APPROVED.
The following Committee members noted approval;
John Bice
Paul Harber
Steve Bartolini
Richard Ventresca
Eric Lehtinen
Decision: Granted.
Reasons: The Committee of Adjustment agrees with the minor variance report analysis and recommendation that this application meets the four Planning Act tests for minor variance:
1. The variance is minor in nature.
2. The variance is appropriate for the development of the land.
3. The general intent and purpose of the Zoning By-law is maintained.
4. The general intent and purpose of the Official Plan is maintained.
The Chair summarized the decision.
7.3 COA-62-2021 12A Dixie Avenue - Minor Variance A-37/21
Stephen Bedford (agent) was present on behalf of the application. Stephen delivered a presentation.
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report and noted the written public correspondence.
The Chair called on those registered to speak in support of the proposal. There was no one in the audience who wished to speak for the application.
The Chair called on those registered to speak against the application. There was no one in the audience who wished to speak against the application.
The Committee discussed the application.
Moved by Paul Harber that COA-62-2021 - 12A Dixie Avenue - Minor Variance A-36/21 be approved subject to the condition in the staff report.
APPROVED.
The following Committee members noted approval;
John Bice
Paul Harber
Steve Bartolini
Richard Ventresca
Eric Lehtinen
Decision: Granted, based on the following condition:
1.1.1 That the owner/applicant remove or relocate the existing driveway located along the southerly lot line to comply with the Zoning By-law, or obtain the required approvals to accommodate the existing driveway, to the satisfaction of the Director of Community and Development Services.
Reasons: The Committee of Adjustment agrees with the minor variance report analysis and recommendation that this application meets the four Planning Act tests for minor variance:
1. The variance is minor in nature.
2. The variance is appropriate for the development of the land.
3. The general intent and purpose of the Zoning By-law is maintained.
4. The general intent and purpose of the Official Plan is maintained.
The Chair summarized the decision.
7.4 COA-63-2021 - 328 Queen Street - Fence Variance FV-03/21
Committee member Steve Bartolini left the meeting at this time and did not participate in the
discussion or vote on this application.
Mark Edwards (Edwards Design) was present on behalf of the application. Mark delivered a presentation.
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report.
The Chair called on those registered to speak in support of the proposal. There was no one in the audience who wished to speak for the application.
The Chair called on those registered to speak against the application. There was no one in the audience who wished to speak against the application.
The Committee discussed the application.
Moved by Richard Ventresca that COA-63-2021 - 328 Queen Street - Fence Variance FV-03/21 be approved.
APPROVED.
The following Committee members noted approval;
John Bice
Paul Harber
Steve Bartolini
Richard Ventresca
Eric Lehtinen
Decision: Granted.
Reasons: The Committee of Adjustment agrees with the minor variance report analysis and recommendation that this application meets the four Planning Act tests for minor variance:
1. The variance is minor in nature.
2. The variance is appropriate for the development of the land.
3. The general intent and purpose of the Zoning By-law is maintained.
4. The general intent and purpose of the Official Plan is maintained.
The Chair summarized the decision.
Committee member Steve Bartolini rejoined the meeting at this time.
7.5 COA-65-2021 1679 Concession 4 Road - Minor Variance A-17/21
Rob Fielder (Niagara Planning Group) was present on behalf of the application. Rob delivered a presentation.
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report.
The Chair called on those registered to speak in support of the proposal. There was no one in the audience who wished to speak for the application.
The Chair called on those registered to speak against the application. There was no one in the audience who wished to speak against the application.
The Committee discussed the application.
Moved by Eric Lehtinen that COA-65-2021 - 1679 Concession 4 Road - Minor Variance A-17/21 be approved subject to the conditions in the staff report.
APPROVED.
The following Committee members noted approval;
John Bice
Paul Harber
Steve Bartolini
Richard Ventresca
Eric Lehtinen
Decision: Granted, based on the following conditions:
1.1 That the owner/applicant provides a plan illustrating the revised access and parking arrangement for the home industry use within the metal cladded building on Part 1 to the satisfaction of the Director of Community and Development Services; and
1.1 That the owner/applicant obtains final approval of Consent Application B-07/21.
Reasons: The Committee of Adjustment agrees with the minor variance report analysis and recommendation that this application meets the four Planning Act tests for minor variance:
1. The variance is minor in nature.
2. The variance is appropriate for the development of the land.
3. The general intent and purpose of the Zoning By-law is maintained.
4. The general intent and purpose of the Official Plan is maintained.
The Chair summarized the decision.
7.6 COA-66-2021 - 1679 Concession 4 Road - Consent B-07/21
Rob Fielder (Niagara Planning Group) was present on behalf of the application. Rob delivered a presentation and requested a modification on condition 1.4.
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report.
The Chair called on those registered to speak in support of the proposal. There was no one in the audience who wished to speak for the application.
The Chair called on those registered to speak against the application. There was no one in the audience who wished to speak against the application.
The Committee discussed the application.
Moved by Paul Harber that COA-66-2021 - 1679 Concession 4 Road - Consent B-07/21 be approved, subject to the noted conditions in the staff report.
APPROVED.
The following Committee members noted approval;
John Bice
Paul Harber
Steve Bartolini
Richard Ventresca
Eric Lehtinen
Decision: Granted, based on the following conditions:
1.1 That the owner/applicant provides a legal description of Part 1, acceptable to the Registrar, together with 1 digital copy to-scale of the deposited reference plan, if applicable, or a copy of all instruments and plans referred to in the legal description, to the satisfaction of the Director of Community and Development Services, for use in the issuance of the Certificate of Consent;
1.2 That the owner/applicant provides a lawyer’s undertaking, to the satisfaction of the Director of Community and Development Services, to forward a copy of documentation confirming the transaction, i.e. transfer of Part 1, has been carried out, the documentation to be provided within two years of issuance of the consent certificate, or prior to the issuance of a building permit, whichever occurs first;
1.3 That the owner/applicant obtains final approval of Minor Variance Application A-17/21 to the satisfaction of the Director of Community and Development Services to permit a reduced front yard setback for the existing single-detached dwelling, an increased maximum height for the existing accessory building (metal cladded building shown on the sketch) and recognize the home industry use within the existing metal cladded building on the proposed surplus farm dwelling parcel;
1.4 That the owner/applicant obtains approval in the form of a municipal entrance permit from the Town's Operations Department, to the satisfaction of the Director of Operations, for the relocation and/or removal of the driveway to Concession 4 Road located along the boundary between Parts 1 & 5 of the proposed severance;
1.5 That the owner/applicant removes the shared vehicle access and parking area extending over the proposed boundary line between Parts 1 & 5 and that any retained parking area on Part 1 be no closer than 1 metre (3.28 feet) to the new interior lot line;
1.6 That the owner/applicant install a new septic system on Part 1 in accordance with Ontario Building Code requirements to the satisfaction of the Region of Niagara; and
1.7 That the owner/applicant install a new septic system on Part 5 in accordance with Ontario Building Code requirements to the satisfaction of the Region of Niagara.
Reasons: The Committee of Adjustment agrees that this application meets Planning Act requirements, is consistent with Provincial Policy, the Niagara Region Official Plan and the Town Official Plan regarding the boundary adjustment.
The Chair summarized the decision.
7.7 COA-67-2021 - 1022 Concession 2 Road - Consent B-19/21
Ron Williams (Lawyer Professional Corporation) was present on behalf of the application. Ron delivered a presentation.
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report.
The Chair called on those registered to speak in support of the proposal. There was no one in the audience who wished to speak for the application.
The Chair called on those registered to speak against the application. There was no one in the audience who wished to speak against the application.
The Committee discussed the application.
Moved by Steve Bartolini that COA-67-2021 - 1022 Concession 2 Road - Consent B-19/21 be approved, subject to the noted conditions in the staff report.
APPROVED.
The following Committee members noted approval;
John Bice
Paul Harber
Steve Bartolini
Richard Ventresca
Eric Lehtinen
Decision: Granted, based on the following conditions:
1.1.1 That the owner/applicant provides a legal description of Part 2, acceptable to the Registrar, together with 1 digital copy to-scale of the deposited reference plan, if applicable, or a copy of all instruments and plans referred to in the legal description, to the satisfaction of the Director of Community and Development Services, for use in the issuance of the Certificate of Consent;
1.1.2 That pursuant to Planning Act Section 50 (12), 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 (Part 2); that Part 2 is merged in title with Part 3 and they become one parcel of land; and that the owner/applicant provides a lawyer’s undertaking, to the satisfaction of the Director of Community and Development Services, that the Part 2 shall be conveyed to the owner of Part 3 and to prepare and register the application to consolidate the lands and forward a copy of receipted application within two years of issuance of the consent certificate;
1.1.3 That the owner/applicant provides a lawyer’s undertaking, to the satisfaction of the Director of Community and Development Services, to forward a copy of documentation confirming the transaction, i.e. transfer of Part 2, has been carried out, the documentation to be provided within two years of issuance of the consent certificate, or prior to the issuance of a building permit, whichever occurs first; and
1.1.4 That the owner/applicant dedicate to the Town a road widening allowance along the frontage of Part 1 of the proposed severance, which shall be aligned with a previous widening shown on Registered Plan 30R-15778, to the satisfaction of the Director of Operations.
Reasons: The Committee of Adjustment agrees that this application meets Planning Act requirements, is consistent with Provincial Policy, the Niagara Region Official Plan and the Town Official Plan regarding the boundary adjustment.
The Chair summarized the decision.
8. Minutes for Approval
September 2021 Minutes - Approved because of no objections
9. New Business
Introduction of new Town planners Josh Salisbury and Victoria Nikoltcheva.
10. Next Meeting Date
November 18, 2021 6:30pm
11. Adjournment
The hearing was adjourned by unanimous consent.
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