Committee of Adjustment

Resolved that the Minutes of the meeting held on February 21, 2024, be approved.

Resolved that Minor Variance Application A08-24, for 162 Livingston Avenue to permit 77 parking spaces whereas 332 parking spaces are required as per Section 5.1 and 5.12 in Zoning By-law 14-45, as amended be approved.

Resolved that Minor Variance Application A32-23, for 18 Park Road South to legalize the privacy fence as existing, to a maximum privacy fence height of 2.32 metres in a Residential Zone, whereas 2 metres is permitted, as per Section 4.36, in Zoning By-law 14-45, as amended be approved.

Resolved that Minor Variance Application A04-24, for 215 Mountain Road to permit a maximum height of 4.36m for an accessory building with a flat roof, whereas 3.0m is permitted as per Section 4.18, Table 2 in Zoning By- law 14-45, as amended be approved.

Resolved that Minor Variance Application A05-24, for 145 Main Street West to permit a minimum side yard setback of 1.223 metres, whereas 1.8m is permitted as per Table 11, Section 7.1 in Zoning By-law 14-45, as amended; to permit a maximum lot coverage of 27.2%, whereas 25% is permitted as per Table 11, Section 7.1, and Schedule 15 in Zoning By-law 14-45, as amended be approved. Conditions: 1. Town staff will require a Lot Grading and Drainage Plan demonstrating all storm water runoff is contained within the respective lot and will not negatively impact nor rely on neighbouring properties.

Resolved that Minor Variance Application A07-24, for 63 Elm Tree Road West to specifically permit the erection of a building as a dwelling on a lot where another dwelling already exists; whereas Section 4.7 a) of Zoning By-law 14-45, as amended, does not permit the erection of any dwelling on a lot where another dwelling already exists be approved. Conditions: 1. That requires the new dwelling to be located within the existing cluster of buildings currently on the lot. 2. That the existing dwelling shall be removed following the occupancy of the newly constructed dwelling. 3. The Applicant enter into an agreement with the Town, in accordance with Section 45 (9.1) of the Planning Act, to implement Condition 1 and 2. 4. Town staff will require a Lot Grading and Drainage Plan demonstrating that storm water runoff will not negatively impact nor rely upon neighboring properties. 5. That the Applicant/Owner submit a Stage 1 Archaeological Assessment completed by a licensed archaeologist and receive acceptance from the Ministry of Citizenship and Multiculturalism (“MCM”) for the archaeological assessment. If the Ministry requires further archaeological work to be completed prior to acknowledging this report, these report(s) must also be submitted to and acknowledged by the Ministry, to the satisfaction of Niagara Region, prior to clearance of this condition. No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter f

Resolved that Minor Variance Application A06-24, for 9 Carpenter Court to permit an entrance to the secondary unit in the basement via the side yard, whereas a side yard entrance is not permitted as per Section 4.19c in Zoning By-law 14-45, as amended; to permit a secondary suite located solely within a cellar basement, whereas secondary suites located solely within a cellar basement are not permitted as per Section 4.19d in Zoning By-law 14-45, as amended be approved. Conditions: 1. Public Works require confirmation that no side yard swale or existing drainage will be impacted by the proposed side yard entrance to the secondary basement suite.