 | PRESENT:
Chair: Allen Snider; Vice Chair: John Bice; Members: Richard Ventresca, Steve Bartolini,
REGRETS:
Eric Lehtinen
Paul Harber
STAFF:
Natalie Thomson Secretary-Treasurer
Mark Iamarino Senior Planner
OTHERS:
1. Attendance
Chair Allen Snider called the roll.
2. Call to Order, Declaration of Quorum and Introduction of Committee and Staff
Chair Allen Snider called the meeting to order and confirmed quorum at 6:30 p.m.
3. Disclosure of Pecuniary Interest and General Nature Thereof
There were none.
4. Request for Withdrawl or Adjournment
There were none.
5. Presentations
There were none.
6. Announcements
6.1 Notice of Appeal - 9 Dee Road, Consent B-14/21 and B-15/21
6.2 OLT Decision - 460 Line 2 Road, Minor Variance A-31/21
7. Applications
7.1 COA-01-2022 - 234 Johnson Street - Fence Variance FV-04/21
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report and noted the letters of correspondence.
Paul Brydges (Brydges Landscape Architecture) was present on behalf of the application. Paul delivered a presentation.
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. Stewart McCormack delivered a presentation.
The Committee discussed the application.
Moved by John Bice that COA-01-2022 - 234 Johnson Street, Fence Variance FV-04/21 be approved based on the recommendation in the staff report.
REFUSED.
The following Committee members noted refusal;
Allen Snider
John Bice
Richard Ventresca
Steve Bartolini
Decision: Refused.
Reasons: The Committee of Adjustment agrees with the minor variance report analysis and recommendation that this application does not meet the four Planning Act tests for minor variance:
1. The variance is not minor in nature.
2. The variance is not appropriate for the development of the land.
3. The general intent and purpose of the Zoning By-law is not maintained.
4. The general intent and purpose of the Official Plan is not maintained.
The Chair summarized the decision.
7.2 COA-02-2022 - 4 Tulip Tree Road - Fence Variance FV-05/21
Natalie Thomson summarized the notice and noted an administrative error.
Motion to amend variance request moved by Steve Bartolini to read as follows;
1. Maximum height of a fence within the rear and side yards from 2 metres, as required in the Fence By-law, to 2.74 meters for an existing fence with a length of 9.75 metres along the side (easterly) lot line.
APPROVED.
The following Committee members noted approval;
Allen Snider
John Bice
Steve Bartolini
Richard Ventresca
Mark Iamarino summarized the staff report.
The Chair noted 16 letters of correspondence.
Ross Scozzafava (homeowner) was present on behalf of the application. Ross delivered a presentation.
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-02-2022 - 4 Tulip Tree Road, Fence Variance FV-05/21 be approved.
APPROVED.
The following Committee members noted approval;
Allen Snider
Steve Bartolini
Richard Ventresca
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-03-2022 - 823 Line 6 Road - Fence Variance FV-06/21
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report and noted the letter of correspondence.
Stephen Bedford (agent) was present on behalf of the application. Stephen delivered a presentation.
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-03-2022 - 823 Line 6 Road, Fence Variance FV-06/21 be approved.
APPROVED.
The following Committee members noted approval;
Allen Snider
Steve Bartolini
Richard Ventresca
John Bice
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.
7.4 COA-04-2022 - 823 Line 6 Road - Minor Variance A-42/21
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report and noted the letter of correspondence.
Stephen Bedford (agent) was present on behalf of the application. Stephen delivered a presentation.
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-04-2022 - 823 Line 6 Road, Minor Variance A-42/21 be approved.
APPROVED.
The following Committee members noted approval;
Allen Snider
Steve Bartolini
Richard Ventresca
John Bice
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.
7.5 COA-05-2022 - 882 Line 1 Road - Consent B-10/21
Natalie Thomson summarized the notice.
Mark Iamarino summarized the staff report.
Rob Fielder (Niagara Planning Group.) was present on behalf of the application. Rob delivered a presentation.
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-5-2022 - 882 Line 1 Road - Consent B-10/21 be approved, subject to the noted conditions in the staff report.
APPROVED.
The following Committee members noted approval;
Allen Snider
John Bice
Steve Bartolini
Richard Ventresca
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 Town, for use in the issuance of the Certificate of Consent;
1.1.2 That the owner/applicant provides a lawyer’s undertaking, to the satisfaction of the Town, 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;
1.1.3 That the owner/applicant, at their own expense, obtains and submits an appraisal for the purposes of payment of cash-in-lieu of parkland dedication, by a qualified appraiser, which is to be based on the fair market value of Part 2 using the direct comparison approach, to the satisfaction of the Director of Corporate Services; and that the owner/applicant pays to the Town a cash-in-lieu of parkland dedication, which shall be 5% of the appraised value of Part 2 to the satisfaction of the Director of Corporate Services;
1.1.4 That an archaeological assessment be completed, to the satisfaction of the Director of Community and Development Services, at the owner/applicants' expense, and that no demolition, grading or other soil disturbances shall take place on the subject property prior to the Ontario Ministry of Tourism, Culture and Sport confirming to the Town that all archaeological resources concerns have met licensing and resource conservation requirements; and that a copy of all archaeological assessment reports are submitted to the Town, to the satisfaction of the Director of Community and Development Services;
1.1.5 That the owner/applicant provide a lot grading plan, to the satisfaction of the Chief Building Official;
1.1.6 That the owner/applicant provide separate water and sanitary services wholly fronting Part 2, by way of a completed application for applicable services to the satisfaction of the Director of Operations;
1.1.7 That the owner/applicant obtains approval in the form of a municipal entrance permit from the Town’s Operations Department for a driveway on Part 2, to the satisfaction of the Director of Operations; and
1.1.8 That the owner/applicant dedicate a 3 metre x 3 metre daylighting triangle to the Town, to be located at the north-east corner of Part 2, 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
December 16, 2021 minutes - Approved because of no objections
9. New Business
There was none.
10. Next Meeting Date
February 17, 2022 at 6:30pm
11. Adjournment
The hearing was adjourned by unanimous consent.
_________________________ __________________________
A. Snider, Chair N. Thomson, Secretary-Treasurer
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