Committee of Adjustment

That minor variance application A11-23-PC be granted for the following reasons: 1. The application is minor in nature as the proposed structure is located behind the existing dwelling, within permissible distance from the lot lines, and does not exceed the height of the main dwelling, ensuring the garage remains accessory in nature. 2. It is appropriate for the development of the site as the proposed structure is a permitted use in the R2 zone, complies with most zoning by- law requirements, and will be built in the rear yard, set back from the front property line and behind the existing dwelling, resulting in reduced visual impact from the road. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law as the proposed structure meets the lot coverage requirements established in the R2 zone and does not exceed the main dwelling's height, thus remaining accessory in nature to the primary dwelling and maintaining the intention of the Zoning By-law. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as accessory structures are permitted in the Urban Residential designation established in the Official Plan.

That consent application B05-23-PC be granted subject to the following conditions: 1. That the applicant provides the Secretary-Treasurer with the deeds in triplicate for the conveyance of the subject parcel or a registrable legal description of the subject parcel, together with a paper copy and electronic copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That a final certification fee of $231 payable to the City of Port Colborne is submitted to the Secretary-Treasurer. 3. That the applicant submits a master lot grading plan showing that both parcels will drain independently from one another and not adversely affect neighboring properties, to the satisfaction of City Staff. 4. That all conditions of consent be completed by June 14th, 2025. For the following reasons: 1. The application is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, City of Port Colborne Official Plan, and will also comply with the provisions of Zoning Bylaw 6575/30/18, as amended.

That consent application B11-23-PC be granted subject to the following conditions: 1. That the applicant provides the Secretary-Treasurer with the deeds in triplicate for the conveyance of the subject parcel or a registrable legal description of the subject parcel, together with a paper copy and electronic copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That a final certification fee of $231 payable to the City of Port Colborne is submitted to the Secretary-Treasurer. 3. That all conditions of consent be completed by June 14th, 2025. 4. That a revised grading plan be submitted to the satisfaction of City Staff. For the following reasons: 1. The application is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, City of Port Colborne Official Plan, and will also comply with the provisions of Zoning Bylaw 6575/30/18, as amended.

That the Committee of Adjustment has ADJOURNED consent application B12-23-PC. Due to the adjournment, consent application B12-23-PC will be heard by the Committee of Adjustment at a future hearing. When consent application B12-23-PC returns to be heard by the Committee of Adjustment, notice will be given in accordance with the Planning Act, R.S.O., 1990. REASON FOR ADJOURNMENT: Concerns were raised by members of the public at the June 14, 2023, Committee of Adjustment hearing, regarding access to Part 1, the parcel proposed to be severed. The Committee of Adjustment concluded that these concerns must be addressed before rendering its Decision. Those interested can view the documents pertaining to consent application B12-23-PC online on the City’s website, or in person at City Hall. Those interested may also contact Planning staff in person, by email, or over the phone to obtain a copy of these documents or to provide further input regarding the application. Accommodations for alternative methods of viewing or obtaining documents or providing input are available upon request.

That consent application B06-23-PC be granted subject to the following conditions: 1. That the applicant provides the Secretary-Treasurer with the deeds in triplicate for conveyance of the subject parcel or a registrable legal description of the subject parcel, together with a paper copy and electronic copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That a final certification fee of $231 payable to the City of Port Colborne is submitted to the Secretary-Treasurer. 3. That the applicant signs the City of Port Colborne’s standard “Memorandum of Understanding” explaining that development charges and cash-in-lieu of the dedication of land for park purposes, based on an appraisal, at the expense of the applicant, wherein the value of the land is to be determined as of the day before the issuance of a building permit, is required prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. R.S.O 1990, as amended. 4. That the applicant submits a master grading plan to the satisfaction of City Staff. 5. That all conditions of consent be completed by June 14th, 2025. For the following reasons: 1. The application is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, City of Port Colborne Official Plan, and will also comply with the provisions of Zoning Bylaw 6575/30/18, as amended.

That consent application B07-23-PC be granted subject to the following conditions: 1. That the applicant provides the Secretary-Treasurer with the deeds in triplicate for the conveyance of the subject parcel or a registrable legal description of the subject parcel, together with a paper copy and electronic copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That a final certification fee of $231 payable to the City of Port Colborne is submitted to the Secretary-Treasurer. 3. That a master lot grading plan be submitted to the satisfaction of City Staff. 4. That all conditions of consent be completed by June 14th, 2025. For the following reasons: 1. The application is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, City of Port Colborne Official Plan, and will also comply with the provisions of Zoning Bylaw 6575/30/18, as amended.

That consent application B08-23-PC be granted subject to the following conditions: 1. That the applicant provides the Secretary-Treasurer with the deeds in triplicate for conveyance of the subject parcel or a registrable legal description of the subject parcel, together with a paper copy and electronic copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That a final certification fee of $231 payable to the City of Port Colborne is submitted to the Secretary-Treasurer. 3. That a master lot grading plan be submitted to the satisfaction of City Staff. 4. That all conditions of consent be completed by June 14th, 2025. For the following reasons: 1. The application is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, City of Port Colborne Official Plan, and will also comply with the provisions of Zoning Bylaw 6575/30/18, as amended. That consent application B09-23-PC be granted subject to the following conditions: 1. That the applicant provides the Secretary-Treasurer with the deeds in triplicate for conveyance of the subject parcel or a registrable legal description of the subject parcel, together with a paper copy and electronic copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That a final certification fee of $231 payable to the City of Port Colborne is submitted to the

That consent application B10-23-PC be granted subject to the following conditions: 1. That the applicant provides the Secretary-Treasurer with the deeds in triplicate for conveyance of the subject parcel or a registrable legal description of the subject parcel, together with a paper copy and electronic copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That a final certification fee of $231 payable to the City of Port Colborne is submitted to the Secretary-Treasurer. 3. That a master lot grading plan be submitted to the satisfaction of City Staff. 4. That the applicant provides a revised sight line assessment to the Region of Niagara for review and approval to determine the location of the driveway for the new lot. 5. That the applicant signs the City of Port Colborne’s standard “Memorandum of Understanding” explaining that development charges and cash-in-lieu of the dedication of land for park purposes, based on an appraisal, at the expense of the applicant, wherein the value of the land is to be determined as of the day before the issuance of a building permit, is required prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. R.S.O 1990, as amended. 6. That minor variance application A12-23-PC and A13-23-PC be granted. 7. That all conditions of consent be completed by June 14th, 2025. For the following reasons: 1. The application is consistent with the Provincial Policy Statement an

That minor variance application A12-23-PC be granted for the following reasons: 1. The application is minor in nature as the requested variances would not significantly affect the property size nor adjacent properties, amenity space is still available in the corner side yard, and the rear yard setback variance is due to the consent application redesignating this existing side yard into the new rear yard of the proposed parcel. 2. It is appropriate for the development of the site as the requested variance facilitates the creation of a new lot with sufficient amenity space and landscaped area along the corner side yard for the subject lot, which is consistent with the surrounding residential dwellings and lots of similar size. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law as the requested variances align with the parcel fabrication of surrounding properties, and the existing dwelling, setbacks, driveway, and amenity space provisions are intended to provide adequate room and amenity space for residents, which staff are satisfied are all maintained. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the proposed development and minor variance application are consistent with the scale of developments in the neighbourhood, the nature of the community, and thus the requested variances align with general intent and purpose of the Downtown Commercial Official Plan designation.

That minor variance application A13-23-PC be granted for the following reasons: 1. The application is minor in nature as the requested variances appear to be suitable for the building envelope, offer sufficient amenities and landscaped space, and the surrounding parcels on Main Street and Oakwood Street are of similar size. 2. It is appropriate for the development of the site as the requested variances will facilitate the proposed residential construction, the maintenance of the existing duplex, and reflect the nature of the surrounding dwellings and lots. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law as the requested variances and the proposed building envelope allow for sufficient amenity and landscaped space, meet setback requirements, provide adequate parking space, and the reduction in lot area will not adversely affect adjacent properties, thereby keeping with the general intent and purpose of the Zoning By-Law. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the proposed development and minor variance application are consistent with the scale of developments in the neighbourhood, the nature of thecommunity, and thus the requested variances align with general intent and purpose of the Downtown Commercial Official Plan designation.