Committee of Adjustment

Resolved that the minutes of the Committee of Adjustment meeting of March 1, 2016 be approved as circulated.

Resolved that Submission A-01/16 by LJM Developments, for a Minor Variance of the provisions of By-law No. 14-45 Service Construction (CS) Zone to allow for the construction of a mixed use commercial and residential building providing 360 on-site parking spaces and 23 off-site parking spaces on adjacent lands in a Service Commercial (CS) Zone at # 560 North Service Road, Grimsby be approved with conditions for the following reasons: Page 3 of 10 Committee of Adjustment March 22, 2016 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. Subject to the following conditions: a) That a Site Plan Agreement be registered on the lands knows as 544 North Service Road, that identifies the required spaces and secures the extension of the sidewalk to the site from 560 North Service Road.

Resolved that Submission A-06/16 by Tom Zivcic, for a Minor Variance of the provisions of By-law 14-45, as amended Section 7 Residential Detached RD-1 Zone Table 11, to allow for the construction of a 5727 square foot two storey dwelling unit with a front-yard setback of 7.5 metres, an interior sideyard of 1.96 metres, a rear yard setback of 6.78 metres, an unenclosed rear porch to project 4.35 metres into the required rear yard, a front balcony encroachment of 1.66 metres into the required front-yard, a building height of 12.25 metres, and a lot coverage of 37.5% in a Residential Page 6 of 10 Committee of Adjustment March 22, 2016 Detached RD-1 Zone at # 50 Dorchester Drive, Grimsby be approved with conditions for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. Subject to the following conditions: a) To confirm that all required grading, drainage, and stormwater management work is satisfactory to the Town of Grimsby; and b) To ensure that the natural heritage features of the adjacent lands designated "Escarpment Natural Area" in the Niagara Escarpment Plan are maintained through the preparation of a tree saving plan by a qualified professional to the satisfaction of the NEC. c) The final building elevations are reviewed to the satisfaction of the Director of Planning.

Resolved that Submission A-07/16 by Tom Zivcic for a Minor Variance of the provisions of By-law 14-45, as amended Section 7 Residential Detached RD-1 Zone Table 11, to allow for the construction of a 5474 square foot two storey dwelling unit with a front yard setback of 7.5 metres, an interior side yard of 1.8 metres, a rear yard setback of 6.59 metres, an unenclosed rear porch to project 4.48 metres into the required rear yard, a building height of 11.81 metres and a lot coverage of 41.3% in a Residential Detached RD-1 Zone at # 52 Dorchester Drive, Grimsby be approved with conditions for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. Page 7 of 10 Committee of Adjustment March 22, 2016 3. The proposal is desirable for the appropriate development of the land. Subject to the following conditions: a) To confirm that all required grading, drainage, and stormwater management work is satisfactory to the Town of Grimsby; and b) To ensure that the natural heritage features of the adjacent lands designated "Escarpment Natural Area" in the Niagara Escarpment Plan are maintained through the preparation of a tree saving plan by a qualified professional to the satisfaction of the NEC. c) That final building elevations are reviewed to the satisfaction of the Director of Planning.

Resolved that Submission A-08/16 by Cecilia Clavano, as amended for a Minor Variance of the provisions of By-law No. 14-45, Residential Detached RD3.25 Zone, to allow for the re-construction of a fire damaged one storey dwelling with a front yard setback of 7.3 metres, an exterior side yard setback of 5.0 metres, a rear yard setback of 17.5 metres, a building depth of 23 metres, a lot coverage of 28% including porches, and to allow an elevated deck to project 3.8 metres into the rear yard in the Residential Detached (RD3.25) Zone at # 14 Bendamere Drive, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land.

Resolved that Submission A-09/16 by David Zwart, for a Minor Variance of the provisions of By-law 14-45, Rural and Agricultural (Specialty Crop) Zone, to allow for the construction of a one storey 38 square metre sunroom addition to the existing dwelling with a rear yard setback of 3.1 metres in a specialty crop area (SC) Zone at # 178 Alway Road, Grimsby be approved with conditions for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. Page 10 of 10 Committee of Adjustment March 22, 2016 3. The proposal is desirable for the appropriate development of the land. Subject to the following conditions: a) Approval from Regional Planning and Development for inspection of the existing septic system.

Resolved that Report CA-16-1, dated March 22, 2016, be received and that the 2016 Committee of Adjustment's operating budget with a gross amount of $40,000.00 and a levy amount of $0 be approved and forwarded to the Finance Committee for consideration in the overall Budget.