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Committee of Adjustment
May 22, 2024
What was decided (14 motions)
10 carried, 4 recorded otherwise. Every motion below is printed as the minutes print it.
Resolved that Minor Variance Application A16-24 for 305 Kelson Road North, to permit a secondary suite located solely within a cellar, whereas a secondary suite is not permitted solely within a cellar per Section 4.19 d) in the Zoning By-law 14-45, as amended; To permit an unenclosed porch encroachment into the front yard of 1.75 metres, whereas an encroachment of 1.5 metres is permitted per section 4.9 c) in the Zoning By-law 14-45, as amended be
Moved by Dylan Bailey, seconded by Kevin Antonides
Deferred
Resolved that Minor Variance Application A14-24 for 13 Bedford Park, to permit a corner lot minimum exterior side yard setback of 3.08 metres, whereas 6 metres is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a minimum front yard setback of 11.92 metres, whereas a minimum front yard setback of 4.5 metres is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a lot coverage of 30.8 percent, whereas a lot coverage of 25 percent is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended be
Moved by Daniel Collins, seconded by Kevin Antonides
Deferred
Resolved that Minor Variance Application A15-24 for 91 Fairview Road, to permit a front yard encroachment of 3.04 metres, whereas a front yard encroachment of 1.5 metres is required as per Section 4.9, in Zoning By- law 14-45, as amended be approved.
Moved by Dylan Bailey, seconded by Fabia Billing
Carried
Resolved that Minor Variance Application A19-24 for 117 Terrace Drive, to permit a maximum privacy fence height of 3.05 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.
Moved by Daniel Collins, seconded by Dylan Bailey
Carried
Resolved that Minor Variance Application A21-24 for 26 Almond Gardens, to permit a minimum front yard of 7.62 metres, whereas the minimum front yard shall be the lesser of a) the current front yard or b) the average of the front yard of two adjacent properties as per Table 11, Section 7 in Zoning By-law 14-45, as amended; to permit a minimum rear yard of 6.7 metres, whereas 9.075 metres (25% of lot depth) is required as per Table 11, Section 7 in Zoning By-law 14-45, as amended; to permit a minimum interior side yard of 1.4 metres, whereas 1.8 metres is required as per Table 11, Section 7 in Zoning By-law 14-45, as amended; to permit a maximum lot coverage of 35 percent, whereas 25 percent is required as per Table 11, Section 7 in Zoning By-law 14-45, as amended, to permit the proposed garage to extend in accordance with the submitted plan per section 4.29 b) i) in Zoning By-law 14-45, as amended be approved.
Moved by Kevin Antonides, seconded by Daniel Collins
Carried
Resolved that Minor Variance Application A11-24, for 35 Victoria Terrace to permit a minimum rear yard of 1.3m, whereas as existing is required as per Section 7.2.2.4 in Zoning By-law 14-45, as amended; to permit a minimum interior side yard of 30m, whereas as existing is required as per Section 7.2.2.4 in Zoning By-law 14-45, as amended; to permit a minimum interior side yard of 1.39m, whereas existing is required as per Section 7.2.2.4 in Zoning By-law 14-45, as amended; to permit a minimum interior side yard of 1.25m, whereas existing is required as per Section 7.2.2.4 in Zoning By-law 14-45, as amended; to permit a minimum front yard of 0m, whereas existing is required as per Section 7.2.2.4 in Zoning By-law 14- 45, as amended; to permit a lot coverage of 20%, whereas existing is required as per Section 7.2.2.4 in Zoning By-law 14-45, as amended; to permit a gross floor area increase of 115%, whereas 15% is required as per Section 7.2.2.4 in Zoning By-law 14-45, as amended be approved with conditions. The applicant receive approval from the NPCA (“NPCA Works Permit”) for the proposed dwelling. As recommended within the Heritage Impact Assessment, that a full conservation management plan be completed to the satisfaction of the director planning, outlining the detailed restoration plan, structural upgrades, mitigation strategies and connection details for all proposed works. That a heritage easement under section 37 of the Ontario Heritage Act be put in place on the p
Moved by Dylan Bailey, seconded by Daniel Collins
Carried
Resolved that Minor Variance Application A18-24 for PLAN 64 LOTS 148 AND 149, to permit a minimum rear yard of 2.9 metres, whereas “as existing” is required as per Section 7.2.1, Table 11 and Section 7.2.2.4 a) in Zoning By-law 14-45, as amended; to permit a minimum exterior side yard of 0.3 metres, whereas “as existing” is required as per Section 7.2.1, Table 11 and Section 7.2.2.4 a) in Zoning By-law 14-45, as amended; to permit a minimum interior side yard of 1.2 metres, whereas “as existing” is required as per Section 7.2.1, Table 11 and Section 7.2.2.4 a) in Zoning By-law 14-45, as amended; to permit a minimum front yard of 4.9 metres, whereas “as existing” is required as per Section 7.2.1, Table 11 Section 7.2.2.4 a) in Zoning By-law 14-45, as amended be approved with conditions. That the building locates, including the eaves, be confirmed by an Ontario Land Surveyor to ensure no encroachment on Town-owned lands. That heritage staff review all drawings prior to the issuing of building permits, to ensure the submission is consistent with the preliminary site plan and proposed design. That the applicant retains an Arborist to prepare a Tree Protection Plan to identify and protect existing trees that may be affected by the proposed construction and site servicing. That the applicant provides a Lot Grading & Drainage Plan that maintains existing grades adjacent to the heritage dwelling at 10 Betts Avenue That the proposed driveway in front of the dwelling be const
Moved by Kevin Antonides, seconded by Dylan Bailey
Carried
Resolved that Minor Variance Application A13-24 for Block 4 of Courtland Estates Phase 1, to permit a minimum side yard setback of 1.2 metres from the easterly side lot line and 0.6 metres from the westerly side lot line, whereas a minimum side yard setback of 1.8 metres is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a maximum lot coverage of 35 percent, whereas 25 percent is permitted as per Section 7, Table 11 in Zoning By-law 14-45, as amended be refused.
Moved by Dylan Bailey, seconded by Fabia Billing
Carried
Resolved that Minor Variance Application A20-24 for 8 Trevor Place, to permit a maximum lot coverage of 35%, whereas 25% is permitted, as per Section 7.2.1, Table 11 in Zoning By-law 14-45, as amended; to permit an interior side yard (east) setback of 0.25 metres for the area labelled “CAR PORT” only, whereas 1.8 metres is required, as per Section 7.2.1, Table 11, in Zoning By-law 14-45, as amended; to permit a minimum front yard setback of 1.05 metres for the area labelled “CAR PORT” only, whereas 3.2 metres is required, as per Section 7.2.1, Table 11 in Zoning By-law 14- 45, as amended; to permit a maximum building depth of 26 metres, whereas 20 metres is permitted, as per Section 7.2.1, Table 11 in Zoning By-law 14-45, as amended; to permit a maximum eaves projection into the required interior side yard of 1.05 metres on the west side in the area labelled “CANOPY ABOVE” only, whereas an eaves projection into the required interior side yard of 0.5 metres is permitted, as per Section 4.9 b), in Zoning By-law 14-45, as amended; to permit a maximum canopy projection into the required interior side yard of 1.05 metres on the west side in the area labelled “CANOPY ABOVE” only, whereas a canopy projection into the required interior side yard of 0.0 metres is permitted, as per Section 4.9 c), in Zoning By-law 14-45, as amended; to permit a maximum building height of 4.5 metres for an accessory building with a flat roof, whereas 3.0 metres is permitted, as per Section 4.18 k), Tabl
Moved by Daniel Collins, seconded by Kevin Antonides
Carried
Resolved that Minor Variance Application A17-24 for 50-52 Park Road North severed parcel, to permit a minimum lot area of 455 square metres, whereas 550 square metres is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a maximum lot coverage of 33 percent, whereas 25 percent is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a minimum interior side yard of 1.4 metres, whereas 1.8 metres is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a minimum rear yard of 2.3 metres, whereas the greater distance of a) 7.5 metres, or b) 25 percent of the depth of the lot is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; and for retained parcel to permit a minimum lot frontage of 3.5 metres, whereas 30 metres is required as per Section 10, Table 20 in Zoning By-law 14-45, as amended; to permit a minimum lot area of 1587 square metres, whereas 1850 square metres is required as per Section 10, Table 20 in Zoning By-law 14-45, as amended be approved with conditions. That the applicant obtains final approval of consent application B03-24. That a heritage easement under section 37 of the Ontario Heritage Act be registered on title prior to amending the designation bylaw. That the heritage easement under section 37 of the Ontario Heritage Act be removed following the completion of the legislated 30-day designation bylaw appeal period.
Moved by Kevin Antonides, seconded by Dylan Bailey
Carried
Resolved that Minor Variance Application A12-24, for 260 Main Street West, Lot 1 to permit a maximum lot coverage of 45 percent, whereas 15 percent is required as per Schedule 11-A in Zoning By-law 14-45, as amended; to permit a minimum lot frontage of 4.1 metres, whereas 18 metres is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a maximum front yard setback of 50 metres, whereas 12 metres is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a minimum interior side yard of 1.2 metres, whereas 1.8 metres is required as per Section 7, Table 11 in Zoning By- law 14-45, as amended; to permit a minimum rear yard setback of 7.5 metres, whereas 25% of the depth of the lot, 20 metres, is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended and for 260 Main Street West, Lot 2, to permit a maximum lot coverage of 45 percent, whereas 15 percent is required as per Schedule 11-A in Zoning By-law 14- 45, as amended; to permit a minimum lot frontage of 4.1 metres, whereas 18 metres is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a maximum front yard setback of 50 metres, whereas 12 metres is required as per Section 7, Table 11 in Zoning By-law 14-45, as amended; to permit a minimum interior side yard of 1.2 metres, whereas 1.8 metres is required as per Section 7, Table 11 in Zoning By- law 14-45, as amended; to permit a minimum rear yard setback of 7.5 metres, whereas 2
Moved by Kevin Antonides, seconded by Dylan Bailey
Deferred
Resolved that Consent Application B03-24 for 50-52 Park Road North, to sever 459 ± square metres of land shown on the provided sketch as “PART 2”; to retain 1587 ± square metres of land shown on the provided sketch as “PART 1” be approved with conditions. 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. That the final certificate fee, payable to the Town of Grimsby be submitted to the Secretary/Treasurer. That all conditions of consent be fulfilled within one (1) year 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. Subsection 3 or 5 of Section 50 of the Planning Act R.S.O 1990, shall apply to any subsequent conveyance or transaction involving the severed land. That the applicant obtains approval for the concurrent Minor Variances (A17-24) to achieve compliance with Zoning by-law 14- 45, as amended. Town staff will require a Site Servicing Plan showing both the existing and proposed site services for water, storm and sanitary. The plan is to include location, size, material, grade, inverts, etc. from the municipal main to the building face for all services. Please be advised that only one (1) service connection per lot is permitted pe
Moved by Dylan Bailey, seconded by Kevin Antonides
Carried
Resolved that the motion to extend the meeting time past 10:30pm be approved.
Moved by Kevin Antonides, seconded by Dylan Bailey
Carried
Resolved that Consent Application B02-24, for 260 Main Street West, Lot 2 to sever 861 ± square metres of land shown on the provided sketch as “LOT 2”; to retain 755 ± square metres of land shown on the provided sketch as “LOT 3”; and to provide easement for access and servicing in favour of Lots 1 and 3 be
Moved by Kevin Antonides, seconded by Dylan Bailey