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COMMITTEE OF ADJUSTMENT MEETING MINUTES
Thursday May 20, 2021
06:30 PM

PRESENT:
Allen Snider
Eric Lehtinen
Richard Ventresca
John Bice
Steve Bartolini

REGRETS:
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

John Bice declared an interest for COA-24-2021 727 King Street Minor Variance A-09/21 and COA-25-2021 727 King Street B-05/21

4. Request for Withdrawl or Adjournment

4.1 COA-26-2021 - 631 Lincoln Avenue - Consent B-06/21

Waldy Wall, homeowner, was in attendance with his agent Heather Sewell from Niagara Planning Group. Heather stated that the request for deferral to a later date was to respond to questions in the staff report and provide additional information for the application.

Moved by Eric Lehtinen that COA-26-2021 631 Lincoln Avenue B-06/21 be deferred to another date sine die.

APPROVED.

The following Committee members noted approval;

Allen Snider
Eric Lehtinen
Steve Bartolini
Richard Ventresca
John Bice

5. Presentations

There were none.

6. Announcements

Bob Stelmach Resignation.

7. Applications

1. COA-19-2021 - 1168 Line 8 Road - Minor Variance A-10/21

Steve Greenwood from Maxwell Homes was present on behalf of the application. Steve delivered a presentation.

    N. Thomson summarized the Notice.
    M. 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 support 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-19-2021 - 1168 Line 8 Road - Minor Variance A-10/21 be approved.

        APPROVED.

        The following Committee members noted approval;

        Allen Snider
        Eric Lehtinen
        Richard Ventresca
        John Bice
        Steve Bartolini

        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.

        2. COA-20-2021 - 240 Gate Street - Minor Variance A-11/21

        Andrew Taylor (homeowner) was present on behalf of the application. Andrew delivered a presentation.
          N. Thomson summarized the Notice.
          M. 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 support 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 John Bice that COA-20-2021 - 240 Gate Street - Minor Variance A-11/21 be approved subject to the conditions noted in the staff report.

              1.1 Minor Variance Application A-11/21 for 240 Gate Street be approved, subject to the following conditions:
                1.1.1 That an archaeological assessment be completed for the entire property 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 and Ministry Letters are submitted to the Town.

                1.1.2 That the owner/applicant submits a lot grading plan for the proposal for the management of surface drainage and collected runoff, for review and approval by the Town Building Department.

              APPROVED.

              The following Committee members noted approval;

              Allen Snider
              Eric Lehtinen
              Richard Ventresca
              John Bice
              Steve Bartolini

              Decision: Granted subject to the noted conditions.

              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.

              3. COA-21-2021 - 56 Kenmir Avenue - Minor Variance A-12/21

              Phil Riley (homeowner) was present on behalf of the application. Phil delivered a presentation.
                N. Thomson summarized the Notice.
                M. 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 support 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-21-2021 - 56 Kenmir Avenue - Minor Variance A-12/21 be approved.

                    APPROVED.

                    The following Committee members noted approval;

                    Allen Snider
                    Eric Lehtinen
                    Richard Ventresca
                    John Bice
                    Steve Bartolini

                    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.

                    4. COA-22-202 - 607 Penner Street - Minor Variance A-13/21

                    Shane Wall (homeowner) was present on behalf of the application. Shane delivered a presentation.
                      N. Thomson summarized the Notice.
                      M. 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 support 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 John Bice that COA-22-2021 - 607 Penner Street - Minor Variance A-13/21 be approved.

                          APPROVED.

                          The following Committee members noted approval;

                          Allen Snider
                          Eric Lehtinen
                          Richard Ventresca
                          John Bice
                          Steve Bartolini

                          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.

                          5. COA-23-2021 - 2001 York Road - Consent B-04/21

                          Ethan Laman from Upper Canada Consultants was present on behalf of the application. Ethan delivered a presentation.
                            N. Thomson summarized the Notice.
                            M. 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-23-2021 - 2001 York Road- Consent - B-04/21 be approved subject to the conditions in the staff report;

                                1.1 Consent Application B-04/21 for 2001 York Road be approved subject to the following conditions:
                                  1.1.1 That the owner/applicant provides a legal description of Parts 1 and 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 pursuant to Section 50 (12) of the Planning Act, 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 1 and they become one parcel of land; and that the owner/applicant provides a lawyer’s undertaking, to the satisfaction of the Town, that Part 2 shall be conveyed to the owner of the adjacent property (Part 1) and to prepare and register 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 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.

                                APPROVED.

                                The following Committee members noted approval;

                                Allen Snider
                                Eric Lehtinen
                                Richard Ventresca
                                John Bice
                                Steve Bartolini

                                Decision: Granted subject to the noted conditions.
                                  Reasons: The Committee of Adjustment agrees with the consent report analysis subject to the conditions of provisional consent, this application meets Planning Act requirements, is consistent with Provincial Policy, the Niagara Region Official Plan and the Town Official Plan regarding the creation of a new lots.

                                  The Chair summarized the decisions.

                                  6. COA-24-202 -727 King Street - Minor Variance A-09/21

                                  Dianne Ramos from Niagara Planning Group was present on behalf of the application. Dianne delivered a presentation.
                                    N. Thomson summarized the Notice.
                                    M. 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 support the application.

                                      The Chair called on those registered to speak against the application.

                                      Richard Panga (13 Meritage Lane) spoke in favour of the severance but requested a fence along his property line be imposed as a condition of approval.

                                      Jim Alexander (716 King Street) spoke against the application.
                                        The Committee discussed the application.

                                        Moved by Steve Bartolini that COA-24-2021 - 727 King Street - Minor Variance A-09/21 be approved.

                                        APPROVED.

                                        The following Committee members noted approval;

                                        Allen Snider
                                        Eric Lehtinen
                                        Richard Ventresca
                                        Steve Bartolini

                                        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. COA-25-2021 - 727 King Street - Consent B-05/21

                                        Dianne Ramos from Niagara Planning Group was present on behalf of the application. Dianne delivered a presentation.
                                          N. Thomson summarized the Notice.
                                          M. 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

                                            Richard Panga (13 Meritage Lane) spoke in favour of the severance but requested a fence along his property line be imposed as a condition of approval.

                                            Jim Alexander (716 King Street) spoke against the application.
                                              The Committee discussed the application.

                                              Moved by Steve Bartolini that COA-25-2021 - 727 King Street - Consent - B-05/21 be approved subject to the conditions in the staff report;

                                              1.1 Consent Application B-05/21 for 727 King Street be approved, subject to 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 the owner/applicant obtains final approval of Minor Variance Application A-09/21 to permit the increased maximum lot area of Part 1 and Part 2.
                                                  1.1.5 That the accessory building (shed) on Part 1 is demolished, removed, or relocated to the satisfaction of the Director of Community and Development Services, and that the owner/applicant obtains any required building permit for demolition, removal, or relocation of the shed and that final inspection and closure of the permit is completed to satisfaction of the Director of Community and Development.
                                                  1.1.6 That the owner/applicant provide separate water, sanitary, and storm sewer services wholly fronting Part 2 of the proposed severance, 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 of the proposed severance.

                                                  1.1.8 That the owner/applicant conveys a strip of land to the Town along the full frontage of Part 2 along King Street for the purposes of road widening to the satisfaction of the Director of Operations.

                                              APPROVED.

                                              The following Committee members noted approval;

                                              Allen Snider
                                              Eric Lehtinen
                                              Richard Ventresca
                                              Steve Bartolini

                                              Decision: Granted subject to the noted conditions.
                                                Reasons: The Committee of Adjustment agrees with the consent report analysis subject to the conditions of provisional consent, this application meets Planning Act requirements, is consistent with Provincial Policy, the Niagara Region Official Plan and the Town Official Plan regarding the creation of a new lots.

                                                The Chair summarized the decisions.

                                                8. Minutes for Approval

                                                April Minutes - Approved because of no objections

                                                9. New Business

                                                OACA Conference & AGM

                                                10. Next Meeting Date

                                                June 17, 2021 6:30pm

                                                11. Adjournment
                                                The hearing was adjourned by unanimous consent.




                                                _________________________ __________________________
                                                A. Snider, Chair N. Thomson, Secretary-Treasurer

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