Committee of Adjustment

The Planner concluded that the proposed application A25-23-PC be granted for the following reasons: 1. The application is minor in nature as the reduced side yard setback will not negatively impact the subject parcel or neighbouring properties. The proposed structure is located at a permissible distance from the lot lines and is located at the back of the existing dwelling. The side yard setback requirement intends to ensure adequate spacing between dwellings and structures. 2. It is appropriate for the development of the site as the proposed variance accommodates a permitted use on the subject property. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law as the Zoning By-Law permits the construction of decks within the R2 zone and the proposal meets the rest of the Zoning By-Law requirements. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the Official Plan permits accessory structures within the Downtown Commercial designation.

The Planner concluded that consent application B16-23-PC be granted subject to the conditions outlined in the Staff report dated December 8th and 11th, 2023: 1. That the applicant provides the Secretary-Treasurer with the deeds in triplicate for the conveyance of the subject parcel or registrable legal description of the subject parcel, together with a paper 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 $216 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 all conditions of consent be fulfilled by December 13th, 2025.