The Port Colborne Record

Committee of Adjustment

March 13, 2024

Who was there

Present (3): Gary Bruno, A. Desmarais, D. Elliott

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

Declared interests

Councillor E. Beauregardon this item

What was decided (5 motions)

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

minor variance application A01-24-PC be granted for the following reasons: 1. The application is minor in nature as the reduced front yard setback addresses the existing setback and no construction is proposed that would increase the existing encroachment. 2. It is appropriate for the development of the site as Staff recognize the lots in the area are small and may result in difficulties meeting the zoning requirements where structures are expanded or constructed. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-law as the side yard requirement intends to ensure adequate parking and amenity space is provided without obstructing the view from the street. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the Official Plan permits residential uses within the Rural designation.
Moved by Councillor E. Beauregard, seconded by A. Desmarais The
Carried
That consent application B02-24-PC be granted subject to the conditions outlined in the staff report dated March 8th, 2024: 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 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 $240 payable to the City of Port Colborne is submitted to the Secretary-Treasurer. 3. That the existing garage on Part 1 be removed. 4. 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. 5. That all conditions of consent be completed by March 13th, 2026 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
Moved by Councillor D. Elliott, seconded by A. Desmarais
Carried
That minor variance application A23-23-PC be granted for the following reasons: 1 . The application is minor in nature as the reduction of lot area from 400m2 to 396.2m2 is minor1 as a 3.8 meter difference will not drastically change the size of the property and would not negatively impact the adjacent properties. 2. It is appropriate for the development of the site as the retained lot and existing dwelling meet the zoning requirements and will provide enough amenity space and landscaped area on the retained parcel. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law as the minor changes do not affect the ability for a dwelling to be located on the site, which is the intent of the lot area requirements. The existing dwelling is not proposed to change and the proposed lot lines do not create zoning issues. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the Official Plan permits residential uses within the Urban Residential designation.
Moved by Councillor G. Bruno, seconded by A. Desmarais
Carried
That consent application B18-23-PC be granted subject to the conditions outlined in the staff report dated March 8th, 2024: 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 deference plan, if applicable, for use in the issuance of the Certificate of Consent. 2. That a final certification fee of $240 payable to the City of Port Colborne is submitted to the Secretary-Treasurer. 3. That minor variance application A23-23 be approved by the Committee of Adjustment. 4. 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. 5. That the applicant/owner receive acceptance from the Ministry of Citizenship and Multiculturalism (MCM) for the archaeological assessment report titled Stage 1-2 Archaeological Assessment1 prepared by Detritus Consulting Ltd. (dated January 12, 2023). If the Ministry requires further archaeological work to be completed prior to acknowledging this report,
Moved by Councillor G. Bruno, seconded by Councillor E. Beauregard
Carried
The minor variance application A01-24-PC be granted for the following reasons: 1. The application is minor in nature as the reduced front yard setback addresses the existing setback and no construction is proposed that would increase the existing encroachment. 2. It is appropriate for the development of the site as Staff recognize the lots in the area are small and may result in difficulties meeting the zoning requirements where structures are expanded or constructed. 3. It is desirable and in compliance with the general intent and purpose of the Zoning By-law as the side yard requirement intends to ensure adequate parking and amenity space is provided without obstructing the view from the street. 4. It is desirable and in compliance with the general intent and purpose of the Official Plan as the Official Plan permits residential uses within the Rural designation.
Moved by Councillor E. Beauregard, seconded by A. Desmarais
Carried

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