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Committee of Adjustment
April 24, 2019
What was decided (8 motions)
5 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.
THAT the following BE
Moved by Virginia Kershaw, seconded by Chris Szoke
Deferred
A. THAT Application A13/2019 requesting relief from the City’s Zoning By-law to permit a parking space within the required front yard setback, BE APPROVED; B. That the reason(s) for approval are as follows: The proposed variance will facilitate appropriate residential intensification that is considered compatible with the surrounding area; The proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90; and, The relief requested is considered minor in nature and the application complies with criteria set out in Section 45(1) of the Planning Act; and, C. THAT pursuant to Section 45(8)-(8.2) of the Planning Act, R.S.O. 1990, c.P.13, the following statement SHALL BE INCLUDED in the Notice of Decision: 5 “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2019-254.” Recorded vote on Item 3.1: YES: Chris Szoke , Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw – 5 NO: None – 0 Item 3.1
Moved by Tim Philp, seconded by Virginia Kershaw
Carried Unanimously
A. THAT Application A14/2019 requesting relief from the City’s Zoning By-law to permit a parking space within the required front yard setback, and a decrease in required parking space width from 2.75 m to 2.65 m BE APPROVED; B. That the reason(s) for approval are as follows: The proposed variance will facilitate appropriate residential intensification that is considered compatible with the surrounding area; The proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90; and, The relief requested is considered minor in nature and the application complies with criteria set out in Section 45(1) of the Planning Act; and, C. THAT pursuant to Section 45(8)-(8.2) of the Planning Act, R.S.O. 1990, c.P.13, the following statement SHALL BE INCLUDED in the Notice of Decision: 6 “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2019-255.” Recorded vote on Item 3.2: YES: Chris Szoke , Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw , Lee Rynar – 6 NO: None – 0 Item 3.2
Moved by Tim Philp, seconded by Chris Szoke
Carried Unanimously
7 A. THAT application B14/2019 to sever the southern portion of the lands municipally known as 4 Willow Drive to create a new residential lot to be merged with the southeastern portion of the lands municipally known as 36 Fairview Drive through application B15/2019, having a lot area of 285.9 m² and to retain a parcel of land having a lot area of 518.4 m² BE APPROVED, subject to the conditions attached in Appendix A1 and as amended by Staff; and B. That application B15/2019 for a lot boundary adjustment for the southeastern portion of the lands municipally known as 36 Fairview Drive to add 155.2 m² to the lot created through application B14/2019, and to retain a parcel of land having a lot area of 673.5 m² to be merged with the lands municipally known as 30 Fairview Drive BE APPROVED, subject to the conditions attached in Appendix A2 and as amended by Staff; and C. That application B16/2019 for a lot boundary adjustment for the western portion of the lands municipally known as 8 Willow Drive to add 587.1 m² to the lands municipally known as 30 Fairview Drive, and to retain a parcel of land having a lot area of 550.5 m² BE APPROVED, subject to the conditions attached in Appendix A3 and as amended by Staff; and D. THAT the reason(s) for approval are as follows: Having regard for the matters under Section 51 (24) of the Planning Act, Staff is satisfied that the proposed development is desirable and compatible with the surrounding area and will not result in adverse impacts on
Moved by Virginia Kershaw, seconded by Tara Gaskin
Carried
A. THAT Application No. A12/2019 seeking relief from County of Brant Zoning By- law 61-16 for the lands municipally known as 374 Mount Pleasant Road to permit a minimum side yard setback of 1.2 m, whereas 1.5 m is required, and a maximum projection of eaves and gutters into the side yard setback of 0.8 m, whereas a maximum projection of 0.5 m is required, BE APPROVED: B. THAT the reason(s) for approval are as follows: The proposed variances are considered compatible with the surrounding area; The proposed variances are in keeping with the general intent of the County of Brant Official Plan and County of Brant Zoning By-law 61-16; and The requested relief is considered minor in nature and the application complies with the criteria set out in Section 45(1) of the Planning Act; and, C. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O. 1990, c.P.13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2019-253.” Recorded vote on Item 3.4: 9 YES: Chris Szoke , Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw , Lee Rynar – 6 NO: None – 0 Item 3.4
Moved by Virginia Kershaw, seconded by Lee Rynar
Carried Unanimously
A. THAT Application No. A24/2018 seeking relief from Zoning By- law 160-90 for the lands municipally known as 19 Pollard Street to permit the existing accessory structure to be located 0.33 m from the rear and interior lot lines, whereas 0.6 m is required, and its associated eaves to be located 0.076 m from the rear and interior lot lines, whereas 0.3 m is required, NOT BE APPROVED. B. THAT the reason(s) for refusal are as follows: The proposed variances do not provide adequate area between the structure and the swale located along the eastern lot line within the 10 registered Plan of Subdivision (File No. 29T-13501) and could have adverse impact on adjacent properties; The relief requested is not considered minor in nature and the application does not comply with the criteria set out in Section 45(1) of the Planning Act; C. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P.13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2019-267.”
Moved by Virginia Kershaw, seconded by Chris Szoke
Lost
THAT application A24/2018 BE
Moved by Tim Philp, seconded by Tara Gaskin
Deferred
THAT the minutes of the Committee Adjustment meeting held on March 27, 2019 BE ADOPTED. Recorded vote on Item 6.1: YES: Chris Szoke , Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw , Lee Rynar – 6 NO: None – 0 Item 6.1