The Port Colborne Record

Committee of Adjustment

March 8, 2023

Who was there

Present (3): E. Beauregard, Gary Bruno, Dave Elliott

Absent (1): A. Desmarais

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (5 motions)

5 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That minor variance application A04-23-PC be granted for the following reasons: 1. The application is minor in nature as the increased height will allow the structure to remain accessory and the structure is located at a reasonable distance from all lot lines, ensuring there will not be a negative impact on the subject nor neighbouring parcels. 2. It is appropriate for the development of the site as the proposed structure is suitably located on the site, in the rear yard and set far enough back from the front property line to minimize the visual impact from the road. The proposal is compatible with most of the requirements of the zoning by-law, and thus the proposal is desirable and appropriate. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law as accessory structures are permitted in the R1 zone, the proposal meets the setback and lot coverage requirements, and the structure will remain accessory to the primary dwelling. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the Official Plan permits accessory structures in the Urban Residential designation.
Moved by Councillor G. Bruno, seconded by Councillor E. Beauregard
Carried
That minor variance application A05-23-PC be granted for the following reasons: 1. The application is minor in nature as the decrease in the side and rear yard setbacks are being requested to enclose, and thereby improve, an existing garbage storage area which will remain in the same location. 2. It is appropriate for the development of the site as the development is in a suitable location on the site and will reduce the unsightly visual of the existing garbage storage area, along with the odors and foraging animals. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law as the proposed addition will be used in conjunction with the existing commercial use, which the Zoning By-law permits in the CP zone, and the proposal meets the majority of the zoning requirements. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the Official Plan permits commercial uses in the Commercial Plaza designation.
Moved by Councillor D. Elliott, seconded by Councillor E. Beauregard
Carried
That minor variance application A06-23-PC be granted for the following reasons: 1. The application is minor in nature as the reduction in minimum floor area does not represent a significant decrease in liveable space; the proposed bachelor-style units are generally smaller in nature and will still provide enough liveable space for future tenants. 2. It is appropriate for the development of the site as the application proposes 4additional units, for a total of 6 residential units, which will provide increased housing options in the area and classify the dwelling as an apartment, a use permitted in the DC zone. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law as the Zoning By-law permits apartments in the DC zone, the proposal meets most of the zoning requirements except the requested variance, and the applicant has provided 9 parking spaces where 8 are required. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the Official Plan encourages downtown developments to be mixed-use, and the preferred built form for mixed-use development being commercial and office uses on the ground floor, with residential units located above, is only a preference and not a requirement of the Official Plan.
Moved by Councillor D. Elliott, seconded by Councillor G. Bruno
Carried
That the terms of reference be accepted and amended to state that Members of Council may act as Chair or Vice Chair of the Committee of Adjustment.
Moved by Councillor G. Bruno, seconded by Councillor D. Elliott
Carried
That minor variance application A07-23-PC be granted for the following reasons: 1. The application is minor in nature as the decrease in lot area is required to address the lot boundary adjustment and the reduction will not fundamentally change the character of the property. The property will still retain a rear yard for amenity space as well as the required parking area for a detached dwelling. 2. It is appropriate for the development of the site as the reduction in lot area is required to facilitate the proposed lot boundary adjustment, under application B04-23-PC, which will address the encroaching dwelling of 19 Dolphin Street. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law as both properties will retain a full rear yard for amenities and parking space at the side of both dwellings. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the Official Plan permits residential uses and boundary adjustments in the Highway Commercial designation. That minor variance application A08-23-PC be granted for the following reasons: 1. The application is minor in nature as the decreased side yard setback is necessary to ensure that the driveway of 19 Dolphin Street is entirely contained within the property boundaries. 2. It is appropriate for the development of the site as the application serves to address a lot line dispute and ensure that each dwelling is entirely located within its boundaries.
Moved by Councillor E. Beauregard, seconded by Councillor G. Bruno
Carried

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