 | PRESENT:
Chair: Allen Snider
Members: Steve Bartolini, John Bice (Vice Chair), Paul Harber, Eric Lehtinen, Bob Stelmach and Richard Ventresca
REGRETS:
STAFF:
Ashlea Carter Secretary-Treasurer
Mark Iamarino Senior Planner
OTHERS:
Due to COVID-19 and public health concerns, this meeting was held via Microsoft Teams Video Conference and was able to be viewed via Livestream on the Town's website.
1. Call to Order
2. Adoption of Agenda
Moved by J. Bice, that the agenda be adopted as presented.
APPROVED.
3. Conflict of Interest
There was no conflict of interest declared at this time.
4. Previous Minutes
The February 20, 2020 minutes were approved by unanimous consent.
5. Confirmation of Application Notice
A. Carter confirmed that notice of the applications on the agenda was given in accordance with the provisions of the Planning Act.
6. Request for Withdrawal or Adjournment
A. Carter advised that there are no written requests for withdrawal or adjournment.
7. Applications
7a. 69 Kenmir Avenue, Minor Variance Application A-03/20
Jack DeKorte, DeKorte’s Landscaping Ltd. - Agent, was present on behalf of the application.
A. Carter summarized the notice and correspondence from Ministry of Transportation, Niagara Escarpment Commission, Tarek Elmansoury, and Eric Jachtorowicz.
M. Iamarino summarized the staff report.
J. DeKorte summarized the application and said that he agrees with the staff report. The shed will be used to store pool equipment and pump and reduce noise.
There was no one in the audience who wished to speak regarding the application.
Moved by S. Bartolini that minor variance application A-03/20 69 Kenmir Avenue be approved.
Decision: Granted
Reasons: The Committee of Adjustment considered the oral and written submissions and 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.
Chair A. Snider summarized the decision.
7b. 1000 Irvine Road, Minor Variance Application A-04/20
Sophia Vollmer and Markus Vollmer, 46 Pinot Trail, owner was present on behalf of the application.
A. Carter summarized the notice and correspondence from the Niagara Region.
M. Iamarino summarized the staff report.
Sophia and Lukas Vollmer summarized the application and said that they agree with the staff report and the recommended condition.
The Committee discussed the following:
- The location of the driveway;
- The current zoning status of the existing dwelling; and
- The archaeological assessment condition.
There was no one in the audience who wished to speak regarding the application.
Moved by E. Lehtinen that minor variance application A-04/20 1000 Irvine Road be approved subject to the condition listed in the staff report.
Decision: Granted subject to the following condition:
1. That an archaeological assessment be completed, to the satisfaction of the Town, 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 Heritage, Sport, Tourism and Culture Industries confirming to the Town that all archaeological resources concerns have met licensing and resource conservation requirements, to the satisfaction of the Town; and that a copy of all archaeological assessment reports are submitted to the Town within one year, to the satisfaction of the Town.
Reasons: The Committee of Adjustment considered the oral and written submissions and 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.
Chair A. Snider summarized the decision.
7c. 16 Firelane 6A, Minor Variance Application A-05/20
Evan MacDonald, Agent, and Michael Allen, ACK Architects, Agent were present on behalf of the application.
A. Carter summarized the notice and correspondence from the Niagara Region, Niagara Peninsula Conservation Authority, John Chotka, Ruby Romanek, Ashley Spurek and Tony Visca.
M. Iamarino summarized the staff report.
M. Allen summarized the application and said that he agrees with the staff report except the recommended condition. M. Allen requested that the recommended condition be removed from the decision as the new dwelling fits on the existing footprint of the original house the variance is for the second storey only and the septic system will not need to be updated or replaced.
The Committee discussed the public comment from Ruby Romanek and the archaeological assessment condition.
There was no one in the audience who wished to speak in opposition to the application.
Moved by S. Bartolini that the condition listed in the staff report, that an archaeological assessment be completed, to the satisfaction of the Town, 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 Heritage, Sport, Tourism and Culture Industries confirming to the Town that all archaeological resources concerns have met licensing and resource conservation requirements, to the satisfaction of the Town; and that a copy of all archaeological assessment reports are submitted to the Town within one year, to the satisfaction of the Town, be removed from the decision.
APPROVED.
Moved by S. Bartolini that minor variance application A-05/20 16 Firelane 6A be approved.
Decision: Granted
Reasons: The Committee of Adjustment considered the oral and written submissions and 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.
Chair A. Snider summarized the decision.
7d. 1783 Townline Road, Minor Variance Application A-06/20
Allison Lyndsay, Owner, and Arnie Lepp, Agent were present on behalf of the application.
A. Carter summarized the notice and correspondence from the Niagara Peninsula Conservation Authority and the Niagara Region.
M. Iamarino summarized the staff report.
A. Lepp summarized the application and said that he agrees with the staff report except the recommended condition. A. Lepp requested that the archaeological assessment condition be removed from the decision as the addition will only require a 4 foot footing and garage slab, the driveway was previous there, and there will be limited excavation.
The Committee discussed the following:
- The current state of the property being under construction; stop work order issued; and
- The archaeological assessment condition.
There was no one in the audience who wished to speak regarding the application.
Moved by E. Lehtinen that minor variance application A-06/20 1753 Townline Road be approved subject to condition listed in the staff report.
Decision: Granted subject to the following condition:
1. That an archaeological assessment be completed, to the satisfaction of the Town, 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 Heritage, Sport, Tourism and Culture Industries confirming to the Town that all archaeological resources concerns have met licensing and resource conservation requirements, to the satisfaction of the Town; and that a copy of all archaeological assessment reports are submitted to the Town within one year, to the satisfaction of the Town.
Reasons: The Committee of Adjustment considered the oral and written submissions and 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.
Chair A. Snider summarized the decision.
7e. 1093 Line 6 Road, Minor Variance Application A-06/20
Ben Froese and Pamela Froese, Owners, were present on behalf of the application.
A. Carter summarized the notice and correspondence from the Niagara Peninsula Conservation Authority and the Niagara Region.
M. Iamarino summarized the staff report and memo.
P. Froese summarized the application and said that she agrees with the staff report.
The Committee discussed the current zoning status of the existing dwelling.
There was no one in the audience who wished to speak regarding the application.
Moved by S. Bartolini that the variances be amended as recommended in memo "1093 Line 6 Road, Minor Variance Application A-07/20 – Amending Variances."
APPROVED.
Moved by B. Stelmach that minor variance application A-07/20 1093 Line 6 Road be approved.
Decision: Granted
Reasons: The Committee of Adjustment considered the oral and written submissions and agrees with the minor variance report analysis, the memo 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.
Chair A. Snider summarized the decision.
8. Business
9. New Business
10. Next Meeting Date
10a. June 25, 2020
11. Adjournment
The hearing was adjourned by unanimous consent.
_________________________ __________________________
A. Snider, Chair A. Carter, Secretary-Treasurer
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