Committee of Adjustment

Resolved that the Minutes of the meeting held on August 20, 2024, be approved.

Resolved that Consent Application B06-24 for 379 Ridge Road East to sever ± 2.56 hectares of land as “PART 2” and be merged with the lands as “PART 3”; and retain ± 5.03 hectares of land as “PART 1” be approved with conditions. 1. That the applicant provide the Secretary/Treasurer with deeds in triplicate for conveyance of the subject parcel, a registrable legal description of the subject parcel together with a copy of the deposited reference plan, if applicable, for the issuance of the Certificate of Consent. 2. That the final certificate fee, payable to the Town of Grimsby be submitted to the Secretary/Treasurer. 3. That all conditions of consent be fulfilled within two (2) years from the date of the notice of decision pursuant to Subsection 53(41) of the Planning Act, failing which this consent shall be deemed to be refused. 4. Subsection 3 or 5 of Section 50 of the Planning ActS.O 1990, shall apply to any subsequent conveyance or transaction involving the severed land.

Resolved that Consent Application B05-24 for 23 Park Road North to sever ± 481.6 square metres of land as “PARCEL 1”; and to retain ± 532.0 square metres of land as “PARCEL 2” be approved with conditions. 1. That the applicant provide the Secretary/Treasurer with deeds in triplicate for conveyance of the subject parcel, a registrable legal description of the subject parcel together with a copy of the deposited reference plan, if applicable, for the issuance of the Certificate of Consent. 2. That the final certificate fee, payable to the Town of Grimsby be submitted to the Secretary/Treasurer. 3. That all conditions of consent be fulfilled within two (2) years from the date of the notice of decision pursuant to Subsection 53(41) of the Planning Act, failing which this consent shall be deemed to be refused. 4. Subsection 3 or 5 of Section 50 of the Planning Act, S.O 1990, shall apply to any subsequent conveyance or transaction involving the severed land. 5. That the address change fee be submitted to the Town of Grimsby for municipal addressing to be assigned to the severed lot. 6. That Part 1, Plan 30R-5256 (1’ reserve) be dedicated as a public highway. 7. That concurrent Minor Variance Application A32-24 be approved with conditions. 8. Town staff will require a Site Servicing Plan showing both the existing and proposed site services for water, storm and sanitary for both parcels. The plan is to include location, size, material, grade, inverts, etc. from the municipal main to

Resolved that Minor Variance Application A32-24 for 23 Park Road North parcel 1 (lands to be severed), to permit a minimum lot area of 475 square metres for the severed lot, whereas a minimum lot area of 550 square metres is required, as per Section 7.2.1, Table 11, in Zoning By-law 14-45, as amended; to permit a maximum lot coverage of 45% for the severed lot, whereas a maximum lot coverage of 25% is permitted, as per Section 7.2.1, Table 11, of Zoning By-law 14-45, as amended; to permit a minimum front yard of 6.0 metres for the severed lot, whereas a minimum front yard of 9.15 metres is required, as per Section 7.2.1, Table 11, of Zoning By- law 14-45, as amended; to permit a minimum rear yard of 7.5 metres for the severed lot, whereas a minimum rear yard of 7.9 metres is required, as per Section 7.2.1, Table 11, of Zoning By-law 14-45, as amended; for parcel 2 (lands to be retained) to permit a minimum lot area of 525 square meters for the retained lot, whereas a minimum lot area of 550 square metres is permitted, as per Section 7.2.1, Table 11, in Zoning By-law 14- 45, as amended; to permit a maximum lot coverage of 30% for the retained lot, whereas a maximum lot coverage of 25% is permitted, as per Section 7.2.1, Table 11, in Zoning By-law 14-45, as amended; to permit a minimum setback from the rear lot line of 0.4 metres between the existing accessory building on the retained lot, whereas a minimum setback of 1.3 metres is required, as per section 4.18 h), Table 2, in

Resolved that Minor Variance Application A29-24 for 215 Mountain Road, to permit a maximum face area of 4.0 square metres, whereas a maximum face area of 0.6 square metres is permitted as per Section 4.15 f) i) in Zoning By-law 14-45, as amended; to permit a maximum height above ground of 1.42 metres, whereas a maximum height above ground of 1.2 metres is permitted as per Section 4.15 f) ii) in Zoning By-law 14-45, as amended; to permit an illumination of indirect flood lighting, whereas no illumination is permitted as per section 4.15 f) in Zoning By-law 14-45, as amended be approved.

Resolved that Minor Variance Application A30-24 for 6 Hunter Road, to permit a minimum setback from the interior side lot line of 0.6 metres, whereas a minimum setback of 3 metres from the interior side lot line is required per section 4.18, Table 2 in Zoning By-law 14-45, as amended; to permit a minimum setback from the rear lot line of 0.6 metres, whereas a minimum setback of 3 metres from the rear lot line is required, as per Section 4.18, Table 2 in Zoning By-law 14-45, as amended be approved with conditions. 1. Town staff will require a Lot Grading and Drainage Plan demonstrating the existing drainage patterns for the lot and at a minimum, 5m beyond property line. The location and direction for all proposed downspout discharge points shall be shown on the plan.

Resolved that Minor Variance Application A31-24 for 11 Lawrence Avenue, to permit a maximum privacy fence height of 3.048 metres, whereas a fence height of 2 metres is permitted, per section 4.36 in Zoning By-law 14-45, as amended be approved.

Resolved that the Committee suspend the rules of procedure for immediate consideration of Member Mottershead's motion.

Whereas decisions of the Committee of Adjustment are subject to appeal to the Ontario Land Tribunal; and Whereas in considering these appeals, Council receives a recommendation report from the Planning Department on what position Council should take on the appeal; and Whereas the material supplied from the Committee with these reports is generally limited to copies of the Planning Correspondence, Committee Minutes and the Notice of Decision; and Whereas Council does not receive a copy of the OLT Municipal Submission Form M1 and required documentation (the “Municipal Submission package”) related to the appeal, including a list of oral and written submissions from the public; and Whereas this limited information is considered by Council in closed session, with Planning Staff present and no equal representation from the Committee; and Whereas this does not present Council with a fulsome and balanced view of facts on important legal matters facing the municipality: Therefore, be it resolved that for any OLT appeal of a Committee of Adjustment decision, the Secretary-Treasurer be directed to forward a copy of the completed Municipal Submission package to Council for their closed session consideration. Be it further resolved that a copy of this resolution, as passed, be forwarded to Council as correspondence.