committee of adjustment agenda - escribe meetings

Committee of AdjustmentAGENDA

CoA-10/2016October 4, 20164:00 pmTown of Pelham Municipal Office - Council Chambers20 Pelham Town Square, Fonthill

Pages

1. Call to Order, Declaration of Quorum and Introduction of Committeeand Staff

2. Disclosure of Pecuniary Interest and General Nature Thereof

3. Requests for Withdrawal or Adjournment

4. Applications for Consent

4.1 File B15/2016P - Lawrence Overbeeke 1

Town of Pelham PlannerTown of Pelham Building Intake/Plans ExaminerTown of Pelham Public WorksNiagara Region

4.2 File B16/2016P - Lawrence Overbeeke 13

Town of Pelham PlannerTown of Pelham Building Intake/Plans ExaminerTown of Pelham Public WorksNiagara Region

5. Applications for Minor Variance

5.1 File A20/2016P - Andre Camara 25

Town of Pelham PlannerTown of Pelham Building Intake/Plans ExaminerTown of Pelham Public WorksTown of Pelham Fire DepartmentNiagara RegionNiagara Peninsula Conservation Authority

5.2 File A21/2016P - Kirkpatrick Stoneworks Ltd. 38

Town of Pelham PlannerTown of Pelham Building Intake/Plans ExaminerTown of Pelham Public WorksTown of Pelham Fire DepartmentD.MunroJ. TimmsS. MolnarT. Kuchyt

5.3 File A22/2016P - Betty and David Caudwell 55

Town of Pelham PlannerTown of Pelham Building Intake/Plans ExaminerTown of Pelham Public WorksTown of Pelham Fire DepartmentNiagara RegionNiagara Peninsula Conservation Authority

5.4 File A7/2016P - Meie Management Investment Company 64

Town of Pelham PlannerTown of Pelham Building Intake/Plans ExaminerTown of Pelham Public WorksTown of Pelham Fire Department

6. Minutes for Approval

None.

7. Adjournment

October 4, 2016 Mrs. Nancy J. Bozzato, Secretary Treasurer Committee of Adjustment Town of Pelham Fonthill, ON L0S 1E0 Dear Mrs. Bozzato: Re: Consent Application B15/2016P (Lawrence Overbeeke) 691 Canboro Road, Pelham Part Lot 3, RP59M-101 Roll No. 273201001417201

The subject parcel, shown as Part 3 on the attached sketch, has 18m of frontage on the north side of Canboro Road, lying east of Balfour Street, being Part of Lot 3, RP59M-101, in the Town of Pelham. Application is made for consent to convey 1114m² of land for single detached residential use. 1236m² of land (Part 1) is to be retained for continued residential use. Application B16/2016P relating to Part 2 on the sketch is being considered concurrently. Provisional Consent was granted for the subject parcel on June 2, 2015 and lapsed, consequently a new application is required. Applicable Planning Policies Provincial Policy Statement (2014) The subject parcel is located in the ‘Settlement Area’ according to the Provincial Policy Statement (PPS). Policy 1.1.3.1 states that settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Policy 1.1.3.3 states municipalities shall identify appropriate locations and promote opportunities for intensifications where this can be accommodated taking into account existing building stock and the availability of suitable existing infrastructure and public service facilities. Growth Plan for the Greater Golden Horseshoe The subject parcel is located within a ‘Settlement Area’ according to the Growth Plan.

Disclaimer: Planning staff have prepared this report in absence of comments from the Niagara Peninsula Conservation Authority (NPCA).

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Policy 2.2.2 Managing Growth – Population will be accommodated by: a) Directing a significant portion of new growth to the built-up areas of the community via

intensification b) Focusing intensification in intensification areas g) Planning for a balance of housing in communities to reduce the need for long distance

commuting and to increase the modal share for transit, walking and cycling j) Directing growth to settlement areas that offer municipal water and wastewater systems

Regional Official Plan (Consolidated August 2015) The Regional Official Plan designates the subject land as ‘Urban Area’. Policy 4.G.6.2 indicates ‘Urban Areas’ will be the focus for accommodating the Region’s growth and development. Policy 4.C.2.1 states the municipality will develop and implement through their local Official Plan, policies for promoting intensification and shall generally encourage infill throughout the Built-up Area. Town of Pelham Official Plan (2014) The Town Official Plan designates the subject land as ‘Urban Living Area’. Within the Urban Living Area Policy B1.1.1 recognizes the existing urban areas of Fonthill and the role the Town will need to accommodate various forms of residential intensifications where appropriate. Policy B1.1.3 d) states new infill lots may be created through the consent process for ground-oriented detached dwellings so long as the proposed development is similar to and compatible with the established character of the street. Policy D5.2.1 identifies criteria for any new lots to be created by consent for any purpose will require the Committee of Adjustment to be satisfied that (among others) the proposed lot:

b) Will not cause a traffic hazard as a result of its location; c) Is in keeping with the intent of relevant provisions and performance standards of the Zoning

By-law; d) Can be serviced with an appropriate water supply and means of sewage disposal; e) Will not have a negative impact on the drainage patterns in the area; g) Will not have a negative impact on the features and functions of any environmentally

sensitive feature in the area. Town of Pelham Zoning By-law No. 1136 (1987), as amended The subject land is zoned ‘Residential Village 1’ (RV1) according to Zoning By-law No. 1136 (1987), as amended. The permitted uses include:

a) One single detached dwelling on one lot; b) Uses, buildings and structures accessory thereto; and c) Home occupations.

Section 6.13 of the General Provisions states that no person shall, within any residential zone except as provided for in the ‘RV1’ zone, erect, alter or use any building unless such lot is serviced by a public water supply and sanitary sewer system.

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Agency and Public Comments On September 6th, 2016, a notice of public hearing was circulated by the Secretary Treasurer of the Committee of Adjustment to applicable agencies, Town departments, and to all assessed property owners within 60 metres of the property’s boundaries. To date, the following comments have been received:

Building Department (September 22, 2016) o All necessary permits/approvals are required prior to construction commencing

on Parts 2 & 3.

Public Works Department (September 22, 2016) o Proposed lots do not front an existing Town of Pelham sanitary gravity sewer

main. o NPCA Environmental Screening Area overlaps the proposed lots. o See Conditions.

Niagara Region Planning & Development Services (September 21, 2016) o Comments from the original 2015 application sent May 29, 2015 are still

applicable. (see appendix) o Regarding Condition #3 in the original letter, Regional staff note that

Environmental Compliance Approval (ECA) No. 0980-AAJH5B was issued by the Ministry of the Environment and Climate Change (MOECC) on June 13, 2016, approving construction/extension of the local 200mmø PVC sanitary sewer line within the Canboro Road allowance to approximately 129m east of Balfour Street. Staff assume that this extension is sufficient to service the new lots. If not, as a condition of the Consent, Niagara Region Planning & Development Services staff must review and approve any new/extended sewer services under the MOECC Transfer of Review Program- (Design drawings with calculations for the sanitary sewer extension must be submitted to the Region for review and approval).

No comments from the public were received. Planning Staff Comments According to the application and attached survey sketch, Part 1 contains one single detached two-storey dwelling, while Parts 2 & 3 comprises an old foundation from a former accessory building. Both Part 1 (retained) and Parts 2 & 3 (severed portions) will be utilized for single detached residential purposes. The subject parcel is surrounded by similar single-detached dwellings on all sides. With respect to the Official Plan, under Policy D.5.2.1, the retained and severed portion of the subject parcel will front on and be directly accessed from Canboro Road. In addition, the site does not pose a traffic hazard as there are no visibility concerns due to topography. Planning Staff note that the Niagara Peninsula Conservation Authority’s (NPCA) ‘Natural Environment Information Screening Area’ affects the southern portion of the parcel. No comments have been received at the time of writing this report. The approval of this application or any future

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building permits shall be subject to any conditions imposed by the NPCA. Planning staff are of the opinion that there will not be any adverse impacts on traffic due to the number of driveways located along Canboro Road between Sunset Street and Balfour Street. There is sufficient space between driveways and any intersection.

Planning staff is of the opinion that the proposal is an ideal application of current planning and development goals dealing with appropriate and sensitive infill housing, making more efficient use of the existing built-up lands, where suitable to do so. The proposed severance should not negatively impact the surrounding neighbourhood with regards to traffic, storm runoff, or privacy etc. The applicant is advised that cash-in-lieu for parkland will be required at building permit stage as will an entrance permit from the Town. In Planning staff’s opinion, the application is consistent with the PPS, and conforms to Provincial, Regional, and Local plans subject to the Town’s and Region’s conditions being met. Planning staff recommend that the consent be granted subject to the following conditions: THAT

The applicant provide written confirmation to the Director of Public Works & Utilities that no existing water or sewer services branch from or through the remnant and proposed lots to other lands.

The applicant submits a comprehensive lot grading & drainage plan for all parcels to demonstrate that drainage does not negatively impact neighbouring properties, to the satisfaction of the Director of Public Works.

The applicant enters into a Development Agreement with the Town to include o Extension of the municipal sanitary sewer main along Canboro Road eastward

from the most easterly manhole to a point within the frontage of the most easterly lot (Part 3), in accordance with Ontario Ministry of the Environment requirements.

o Installation of individual water services to the 300mmø AC Regional watermain located within the Canboro Road allowance, subject to approval from Niagara Region.

o The servicing works shall include that all lots be individually serviced with a sanitary lateral and water service in accordance with current Town standards.

o The applicant shall bear all costs associated with these works (design, construction etc.)

The applicant satisfies any conditions imposed by the Region of Niagara, attached herein.

Submitted by:

Curtis Thompson, B.URPl Planner

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Reviewed by: Barb Wiens, MCIP, RPP Director of Community Planning & Development

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File: B15/2016P and B16/2016P September 22, 2016 Address: Part lot 3, RP 59M-101 691 Canboro Road, Pelham Owner: Lawrence Overbeeke Agent: Upper Canada Consultants Nancy Bozzato Town Clerk/Secretary-Treasurer The Building Department/Drainage Superintendent offers the following comments,

All necessary permits/approvals are required prior to construction commencing on Parts 2 & 3.

Possibly a demolition permit may be required to remove existing foundation.

Belinda Phillips

Building Intake/Plans Examiner

Community Planning & Development

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DATE: September 22, 2016

TO: Julie Hannah, Planner

CC: Nancy J. Bozzato, Clerk, Andrea Clemencio, Director of Public Works & Utilities

FROM: Xenia Pasiecznik, Engineering Technologist

RE: File B15/2016P

691 Canboro Road

We have completed the review of the consent application B15/2016P related to conveyance of 1114 m2 of land for single detached residential use, 1236 m² of land with a dwelling known municipally as 691 Canboro Road, to be retained for continued residential use. Application B16/2016P relating to Part 2 on the drawing is being considered concurrently. Public Works has the following comments: - The proposed lots do not front existing Town of Pelham sanitary gravity sewer main.

- Niagara Peninsula Conservation Authority environment area overlaps onto the proposed lots.

Public Works has the following proposed conditions: - That the owner provide written confirmation to the Director of Public Works & Utilities that

no existing water or sewer services branch from or through the proposed lots to other lands, and from or through the remaining parcel to other lands.

- That the owner submits a comprehensive overall lot grading and drainage plan for all parcels to demonstrate that drainage does not negatively impact neighbouring properties, to the satisfaction of the Director of Public Works & Utilities.

- That the owner enters into a Development Agreement with the Town to include:

• Extension of the municipal sanitary sewer main along Canboro Road eastward from the most easterly manhole to a point within the frontage of the most easterly lot (Part 3), in accordance with requirements of the Ministry of Environment.

• Installation of individual water services to the 300mmØ AC Regional watermain located within Canboro Road allowance, subject to approval from Niagara Region.

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• The servicing works shall include that all lots be individually serviced with a sanitary lateral and water service in accordance with current Town standards.

• The owner shall bear all costs associated with these works (design, construction, etc.)

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Planning and Development Services 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7

Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-8056

www.niagararegion.ca

September 21, 2016

Nancy Bozzato

Town Clerk/Secretary Treasurer

Town of Pelham Committee of Adjustment

20 Pelham Town Square, P.O. Box 400

Fonthill, ON

L0S 1E0

Dear Ms. Bozzato,

Re: Regional and Provincial Comments (Reduced fee)

Consent Applications (B15/2016P & B16/2016P)

Applicant: Lawrence Overbeeke

Location: 691 Canboro Road

Town of Pelham

Our File: CS-16-082 & CS 16-083

Regional Development Services staff has completed a review of information provided for the above-noted

consent applications. These files are a resubmission of applications from 2015, that were approved but

that have lapsed. As discussed with Town staff, these applications are eligible for a reduction in the

required Regional review fee from $475 to $150 for each application. Regional staff commented on the

original applications on May 29, 2015, and note that the comments are still applicable. A copy of the

comments is attached.

With respect to condition #3 in the original letter Region staff note that Environmental Compliance

Approval (ECA) No. 0980-AAJH5B was issued by the Ministry of the Environment and Climate Change

(MOECC) on June 13, 2016, approving construction/extension of the local 200mm ØPVC sanitary sewer

line within the Canboro Road allowance to approximately 129 metres east of Balfour Street. Staff assume

that this extension is sufficient to service the new lots. If not, as a condition of the consent, Niagara

Region Planning and Development Services staff must review and approve any new/extended sewer

services under the MOECC Transfer of Review Program-(Design drawings with calculations for the

sanitary sewer extension must be submitted to the Region for review and approval).

If you have any questions or require additional information, please contact myself at extension 3264 or

Rick Wilson, Senior Development Planner, at extension 3391.

Yours truly,

Rattan Seeboruth, P. Eng.

Development Approvals Technician

Attachment: Regional letter dated May 29, 2015.

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VIA E-MAIL ONLY

Planning and Development Services 2201 St. David’s Road W, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-8056 www.niagararegion.ca

May 29, 2015 Nancy Bozzato Town Clerk/Secretary Treasurer Town of Pelham Committee of Adjustment 20 Pelham Town Square, P.O. Box 400 Fonthill, ON L0S 1E0 Re: Regional Review Comments Applications for Consent to Conveyance Applicant: Lawrence Overbeeke Proposal: Consent to convey 1,115 square metres of land for single detached residential use.

Consent to convey 1,114 square metres of land for single detached residential use. Retain 1,236 square metres of land (Part 1) with a dwelling for continued residential use.


Town of Pelham

Our File: CS-15-032 & CS-15-033 Niagara Region Planning and Development Services staff has completed a review of information circulated regarding the above-noted consent applications for the property municipally known as 691 Canboro Road in the Town of Pelham. The following Regional comments are provided to Municipal staff in considering these applications. Niagara Region would have no objections to the consent applications provided the Regional conditions attached as Appendix I are met. Comments In Brief Connection to Regional Watermain At present, there are no local watermains available along Canboro Road to service the proposed lots. We would note that there is a 300mmØAC Regional watermain within the Canboro Road allowance where the proposed lots would have frontage. Should the owner wish to establish new connection(s) to the Regional watermain for servicing of the proposed lots, Niagara Region Planning and Development Services Division must review and approve each new connection to the Regional watermain. Application(s) including the appropriate fee(s) for each new connection to Regional infrastructure (watermain) must be submitted the Niagara Region Planning and Development Services Division through the Town of Pelham Public Works Department. We would request that detailed design drawings showing the proposed lateral connections to the Regional watermain be included with any application submission(s) for connection.

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Extension of Local Sanitary Sewer Line We would note that Environmental Compliance Approval (ECA) No. 8607-9M3HMC was issued by Ministry of the Environment and Climate Change on July 17, 2014 approving construction/extension of the local 200mmØPVC sanitary sewer line within the Canboro Road allowance to approximately 105 metres east of Balfour Street. Sanitary sewer services for the proposed Lots will require extension of the local sanitary sewer line approximately 150 metres east of Balfour Street to align with the eastern most property boundary of proposed Part 3. As a condition of the consent, Niagara Region Planning and Development Services staff must review and approve any new/extended sewer services under the Ministry of The Environment and Climate Change Transfer of Review Program. Design drawings with calculations for the sanitary sewer extension must be submitted to Niagara Region Planning and Development Division for review and approval. Existing Private Sewage Systems We would note that the proposed lot creation is located within the urban area boundary of the Town of Pelham. As previously noted, local sanitary sewer services are not presently available along Canboro Road where the proposed lots would have frontage. Niagara Region Private Sewage Inspection staff has reviewed the applications for consent. No record was found for the existing sewage system servicing the property. Upon inspection, the septic tank servicing the existing dwelling was located behind the home. The exact location of the tile bed could not be determined. However, no visible defects were noted with the existing sewage system. As per Ontario Building Code regulations, private sewage disposal systems must be wholly contained on the lot which they service; however, the lots are to be connected to the municipal sewer system, although sewers are not currently available. Regional Private Sewage Inspections staff has no objections to the consent application provided that:

The existing dwelling at 691 Canboro Road is connected to municipal sewers and the existing sewage system decommissioned; and

The Municipal sanitary sewer line is extended to service the subject lots of Part 2 and Part 3. We trust that the foregoing Regional comments and conditions will be appropriately incorporated into any correspondence with this applicant.

Yours truly,

Wesley Foebel Development Approvals Technician Attachments: Appendix I – “691 Canboro Road – Lawrence Overbeeke, Application for Consent to Conveyance – Regional Conditions” Cc: M. Janas, Associate Director, Water Operations

J. Corkery, Associate Director, Wastewater Operations C. Rittner, Associate Director, Water & Wastewater Systems Maintenance G. Epp, Supervisor Assets Information, Water & Wastewater Services Division T. Killins, Private Sewage Systems Inspector, Planning & Development Services R. Wilson, Planner, Planning & Development Services

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Appendix 1

691 CANBORO ROAD – LAWRENCE OVERBEEKE APPLICATION FOR CONSENT TO CONVEYANCE – REGIONAL CONDITIONS

1. That the owner shall submit an application(s) for each new connection to the 300mmØAC Regional watermain located within the Canboro Road allowance to the Niagara Region Planning and Development Services Division through the Town of Pelham public works department.

2. That the owner shall provide detailed drawings of proposed connections to the 300mmØAC

Regional watermain located within the Canboro Road allowance to the Niagara Region Planning & Development Services Department for review and approval.

3. That the owner shall submit detailed design drawings (with calculations) for extension of the local

200mmØPVC sanitary sewer system required to service the proposed lots and obtain Ministry of the Environment and Climate Change Environmental Compliance Approval(s) under the Transfer of Review Program to the satisfaction of the Niagara Region Planning and Development Services Division.

4. That approval of the requested consent to conveyance shall be conditional on the existing dwelling

(691 Canboro Road) being connected to Municipal sanitary sewers and the existing sewage system decommissioned.

5. That approval of the requested consent to conveyance shall be conditional on extension of the

Municipal sanitary sewer line to service the subject lots being Part 2 and Part 3.

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October 4, 2016 Mrs. Nancy J. Bozzato, Secretary Treasurer Committee of Adjustment Town of Pelham Fonthill, ON L0S 1E0 Dear Mrs. Bozzato: Re: Consent Application B16/2016P (Lawrence Overbeeke) 691 Canboro Road, Pelham Part Lot 3, RP59M-101 Roll No. 273201001417201

The subject parcel, shown as Part 2 on the attached sketch, has 18m of frontage on the north side of Canboro Road, lying east of Balfour Street, being Part of Lot 3, RP59M-101, in the Town of Pelham. Application is made for consent to convey 1115m² of land for single detached residential use. 1236m² of land is to be retained for continued residential use. Application B15/2016P relating to Part 3 on the sketch is being considered concurrently. Provisional Consent was granted for the subject parcel on June 2, 2015 and lapsed, consequently a new application is required. Applicable Planning Policies Provincial Policy Statement (2014) The subject parcel is located in the ‘Settlement Area’ according to the Provincial Policy Statement (PPS). Policy 1.1.3.1 states that settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Policy 1.1.3.3 states municipalities shall identify appropriate locations and promote opportunities for intensifications where this can be accommodated taking into account existing building stock and the availability of suitable existing infrastructure and public service facilities. Growth Plan for the Greater Golden Horseshoe The subject parcel is located within a ‘Settlement Area’ according to the Growth Plan.

Disclaimer: Planning staff have prepared this report in absence of comments from the Niagara Peninsula Conservation Authority (NPCA).

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Policy 2.2.2 Managing Growth – Population will be accommodated by: a) Directing a significant portion of new growth to the built-up areas of the community via

intensification b) Focusing intensification in intensification areas g) Planning for a balance of housing in communities to reduce the need for long distance

commuting and to increase the modal share for transit, walking and cycling j) Directing growth to settlement areas that offer municipal water and wastewater systems

Regional Official Plan (Consolidated August 2015) The Regional Official Plan designates the subject land as ‘Urban Area’. Policy 4.G.6.2 indicates ‘Urban Areas’ will be the focus for accommodating the Region’s growth and development. Policy 4.C.2.1 states the municipality will develop and implement through their local Official Plan, policies for promoting intensification and shall generally encourage infill throughout the Built-up Area. Town of Pelham Official Plan (2014) The Town Official Plan designates the subject land as ‘Urban Living Area’. Within the Urban Living Area Policy B1.1.1 recognizes the existing urban areas of Fonthill and the role the Town will need to accommodate various forms of residential intensifications where appropriate. Policy B1.1.3 d) states new infill lots may be created through the consent process for ground-oriented detached dwellings so long as the proposed development is similar to and compatible with the established character of the street. Policy D5.2.1 identifies criteria for any new lots to be created by consent for any purpose will require the Committee of Adjustment to be satisfied that (among others) the proposed lot:

b) Will not cause a traffic hazard as a result of its location; c) Is in keeping with the intent of relevant provisions and performance standards of the Zoning

By-law; d) Can be serviced with an appropriate water supply and means of sewage disposal; e) Will not have a negative impact on the drainage patterns in the area; g) Will not have a negative impact on the features and functions of any environmentally

sensitive feature in the area. Town of Pelham Zoning By-law No. 1136 (1987), as amended The subject land is zoned ‘Residential Village 1’ (RV1) according to Zoning By-law No. 1136 (1987), as amended. The permitted uses include:

a) One single detached dwelling on one lot; b) Uses, buildings and structures accessory thereto; and c) Home occupations.

Section 6.13 of the General Provisions states that no person shall, within any residential zone except as provided for in the ‘RV1’ zone, erect, alter or use any building unless such lot is serviced by a public water supply and sanitary sewer system.

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Agency and Public Comments On September 6th, 2016, a notice of public hearing was circulated by the Secretary Treasurer of the Committee of Adjustment to applicable agencies, Town departments, and to all assessed property owners within 60 metres of the property’s boundaries. To date, the following comments have been received:

Building Department (September 22, 2016) o All necessary permits/approvals are required prior to construction commencing

on Parts 2 & 3.

Public Works Department (September 22, 2016) o Proposed lots do not front an existing Town of Pelham sanitary gravity sewer

main. o NPCA Environmental Screening Area overlaps the proposed lots. o See Conditions.

Niagara Region Planning & Development Services (September 21, 2016) o Comments from the original 2015 application sent May 29, 2015 are still

applicable. (see appendix) o Regarding Condition #3 in the original letter, Regional staff note that

Environmental Compliance Approval (ECA) No. 0980-AAJH5B was issued by the Ministry of the Environment and Climate Change (MOECC) on June 13, 2016, approving construction/extension of the local 200mmø PVC sanitary sewer line within the Canboro Road allowance to approximately 129m east of Balfour Street. Staff assume that this extension is sufficient to service the new lots. If not, as a condition of the Consent, Niagara Region Planning & Development Services staff must review and approve any new/extended sewer services under the MOECC Transfer of Review Program- (Design drawings with calculations for the sanitary sewer extension must be submitted to the Region for review and approval).

No comments from the public were received. Planning Staff Comments According to the application and attached survey sketch, Part 1 contains one single detached two-storey dwelling, while Parts 2 & 3 comprises an old foundation from a former accessory building. Both Part 1 (retained) and Parts 2 & 3 (severed portions) will be utilized for single detached residential purposes. The subject parcel is surrounded by similar single-detached dwellings on all sides. With respect to the Official Plan, under Policy D.5.2.1, the retained and severed portion of the subject parcel will front on and be directly accessed from Canboro Road. In addition, the site does not pose a traffic hazard as there are no visibility concerns due to topography. Planning Staff note that the Niagara Peninsula Conservation Authority’s (NPCA) ‘Natural Environment Information Screening Area’ affects the southern portion of the parcel. No comments have been received at the time of writing this report. The approval of this application or any future

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building permits shall be subject to any conditions imposed by the NPCA. Planning staff are of the opinion that there will not be any adverse impacts on traffic due to the number of driveways located along Canboro Road between Sunset Street and Balfour Street. There is sufficient space between driveways and any intersection.

Planning staff is of the opinion that the proposal is an ideal application of current planning and development goals dealing with appropriate and sensitive infill housing, making more efficient use of the existing built-up lands, where suitable to do so. The proposed severance should not negatively impact the surrounding neighbourhood with regards to traffic, storm runoff, or privacy etc. The applicant is advised that cash-in-lieu for parkland will be required at building permit stage as will an entrance permit from the Town. In Planning staff’s opinion, the application is consistent with the PPS, and conforms to Provincial, Regional, and Local plans subject to the Town’s and Region’s conditions being met. Planning staff recommend that the consent be granted subject to the following conditions: THAT

The applicant provide written confirmation to the Director of Public Works & Utilities that no existing water or sewer services branch from or through the remnant and proposed lots to other lands.

The applicant submits a comprehensive lot grading & drainage plan for all parcels to demonstrate that drainage does not negatively impact neighbouring properties, to the satisfaction of the Director of Public Works.

The applicant enters into a Development Agreement with the Town to include o Extension of the municipal sanitary sewer main along Canboro Road eastward

from the most easterly manhole to a point within the frontage of the most easterly lot (Part 3), in accordance with Ontario Ministry of the Environment requirements.

o Installation of individual water services to the 300mmø AC Regional watermain located within the Canboro Road allowance, subject to approval from Niagara Region.

o The servicing works shall include that all lots be individually serviced with a sanitary lateral and water service in accordance with current Town standards.

o The applicant shall bear all costs associated with these works (design, construction etc.)

The applicant satisfies any conditions imposed by the Region of Niagara, attached herein.

Submitted by:

Curtis Thompson, B.URPl Planner

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File: B15/2016P and B16/2016P September 22, 2016 Address: Part lot 3, RP 59M-101 691 Canboro Road, Pelham Owner: Lawrence Overbeeke Agent: Upper Canada Consultants Nancy Bozzato Town Clerk/Secretary-Treasurer The Building Department/Drainage Superintendent offers the following comments,

All necessary permits/approvals are required prior to construction commencing on Parts 2 & 3.

Possibly a demolition permit may be required to remove existing foundation.

Belinda Phillips



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CC: Nancy J. Bozzato, Clerk, Andrea Clemencio, Director of Public Works & Utilities


RE: File B16/2016P

691 Canboro Road

We have completed the review of the consent application B15/2016P related to conveyance of 1115 m2 of land for single detached residential use, 1236 m² of land with a dwelling known municipally as 691 Canboro Road, to be retained for continued residential use. Application B15/2016P relating to Part 3 on the drawing is being considered concurrently. Public Works has the following comments: - The proposed lots do not front existing Town of Pelham sanitary gravity sewer main.

- Niagara Peninsula Conservation Authority environment area overlaps onto the proposed lots.

Public Works has the following proposed conditions: - That the owner provide written confirmation to the Director of Public Works & Utilities that

no existing water or sewer services branch from or through the proposed lots to other lands, and from or through the remaining parcel to other lands.

- That the owner submits a comprehensive overall lot grading and drainage plan for all parcels to demonstrate that drainage does not negatively impact neighbouring properties, to the satisfaction of the Director of Public Works & Utilities.

- That the owner enters into a Development Agreement with the Town to include:

• Extension of the municipal sanitary sewer main along Canboro Road eastward from the most easterly manhole to a point within the frontage of the most easterly lot (Part 3), in accordance with requirements of the Ministry of the Environment.

• Installation of individual water services to the 300mmØ AC Regional watermain located within Canboro Road allowance, subject to approval from Niagara Region.

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• The servicing works shall include that all lots be individually serviced with a sanitary lateral and water service in accordance with current Town standards.

• The owner shall bear all costs associated with these works (design, construction, etc.)

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September 21, 2016

Nancy Bozzato

Town Clerk/Secretary Treasurer

Town of Pelham Committee of Adjustment

20 Pelham Town Square, P.O. Box 400

Fonthill, ON

L0S 1E0

Dear Ms. Bozzato,

Re: Regional and Provincial Comments (Reduced fee)

Consent Applications (B15/2016P & B16/2016P)

Applicant: Lawrence Overbeeke


Town of Pelham

Our File: CS-16-082 & CS 16-083

Regional Development Services staff has completed a review of information provided for the above-noted

consent applications. These files are a resubmission of applications from 2015, that were approved but

that have lapsed. As discussed with Town staff, these applications are eligible for a reduction in the

required Regional review fee from $475 to $150 for each application. Regional staff commented on the

original applications on May 29, 2015, and note that the comments are still applicable. A copy of the

comments is attached.

With respect to condition #3 in the original letter Region staff note that Environmental Compliance

Approval (ECA) No. 0980-AAJH5B was issued by the Ministry of the Environment and Climate Change

(MOECC) on June 13, 2016, approving construction/extension of the local 200mm ØPVC sanitary sewer

line within the Canboro Road allowance to approximately 129 metres east of Balfour Street. Staff assume

that this extension is sufficient to service the new lots. If not, as a condition of the consent, Niagara

Region Planning and Development Services staff must review and approve any new/extended sewer

services under the MOECC Transfer of Review Program-(Design drawings with calculations for the

sanitary sewer extension must be submitted to the Region for review and approval).

If you have any questions or require additional information, please contact myself at extension 3264 or

Rick Wilson, Senior Development Planner, at extension 3391.

Yours truly,

Rattan Seeboruth, P. Eng.

Development Approvals Technician

Attachment: Regional letter dated May 29, 2015.

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VIA E-MAIL ONLY

Planning and Development Services 2201 St. David’s Road W, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-8056 www.niagararegion.ca

May 29, 2015 Nancy Bozzato Town Clerk/Secretary Treasurer Town of Pelham Committee of Adjustment 20 Pelham Town Square, P.O. Box 400 Fonthill, ON L0S 1E0 Re: Regional Review Comments Applications for Consent to Conveyance Applicant: Lawrence Overbeeke Proposal: Consent to convey 1,115 square metres of land for single detached residential use.

Consent to convey 1,114 square metres of land for single detached residential use. Retain 1,236 square metres of land (Part 1) with a dwelling for continued residential use.


Town of Pelham

Our File: CS-15-032 & CS-15-033 Niagara Region Planning and Development Services staff has completed a review of information circulated regarding the above-noted consent applications for the property municipally known as 691 Canboro Road in the Town of Pelham. The following Regional comments are provided to Municipal staff in considering these applications. Niagara Region would have no objections to the consent applications provided the Regional conditions attached as Appendix I are met. Comments In Brief Connection to Regional Watermain At present, there are no local watermains available along Canboro Road to service the proposed lots. We would note that there is a 300mmØAC Regional watermain within the Canboro Road allowance where the proposed lots would have frontage. Should the owner wish to establish new connection(s) to the Regional watermain for servicing of the proposed lots, Niagara Region Planning and Development Services Division must review and approve each new connection to the Regional watermain. Application(s) including the appropriate fee(s) for each new connection to Regional infrastructure (watermain) must be submitted the Niagara Region Planning and Development Services Division through the Town of Pelham Public Works Department. We would request that detailed design drawings showing the proposed lateral connections to the Regional watermain be included with any application submission(s) for connection.

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Extension of Local Sanitary Sewer Line We would note that Environmental Compliance Approval (ECA) No. 8607-9M3HMC was issued by Ministry of the Environment and Climate Change on July 17, 2014 approving construction/extension of the local 200mmØPVC sanitary sewer line within the Canboro Road allowance to approximately 105 metres east of Balfour Street. Sanitary sewer services for the proposed Lots will require extension of the local sanitary sewer line approximately 150 metres east of Balfour Street to align with the eastern most property boundary of proposed Part 3. As a condition of the consent, Niagara Region Planning and Development Services staff must review and approve any new/extended sewer services under the Ministry of The Environment and Climate Change Transfer of Review Program. Design drawings with calculations for the sanitary sewer extension must be submitted to Niagara Region Planning and Development Division for review and approval. Existing Private Sewage Systems We would note that the proposed lot creation is located within the urban area boundary of the Town of Pelham. As previously noted, local sanitary sewer services are not presently available along Canboro Road where the proposed lots would have frontage. Niagara Region Private Sewage Inspection staff has reviewed the applications for consent. No record was found for the existing sewage system servicing the property. Upon inspection, the septic tank servicing the existing dwelling was located behind the home. The exact location of the tile bed could not be determined. However, no visible defects were noted with the existing sewage system. As per Ontario Building Code regulations, private sewage disposal systems must be wholly contained on the lot which they service; however, the lots are to be connected to the municipal sewer system, although sewers are not currently available. Regional Private Sewage Inspections staff has no objections to the consent application provided that:

The existing dwelling at 691 Canboro Road is connected to municipal sewers and the existing sewage system decommissioned; and

The Municipal sanitary sewer line is extended to service the subject lots of Part 2 and Part 3. We trust that the foregoing Regional comments and conditions will be appropriately incorporated into any correspondence with this applicant.

Yours truly,

Wesley Foebel Development Approvals Technician Attachments: Appendix I – “691 Canboro Road – Lawrence Overbeeke, Application for Consent to Conveyance – Regional Conditions” Cc: M. Janas, Associate Director, Water Operations

J. Corkery, Associate Director, Wastewater Operations C. Rittner, Associate Director, Water & Wastewater Systems Maintenance G. Epp, Supervisor Assets Information, Water & Wastewater Services Division T. Killins, Private Sewage Systems Inspector, Planning & Development Services R. Wilson, Planner, Planning & Development Services

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Appendix 1

691 CANBORO ROAD – LAWRENCE OVERBEEKE APPLICATION FOR CONSENT TO CONVEYANCE – REGIONAL CONDITIONS

1. That the owner shall submit an application(s) for each new connection to the 300mmØAC Regional watermain located within the Canboro Road allowance to the Niagara Region Planning and Development Services Division through the Town of Pelham public works department.

2. That the owner shall provide detailed drawings of proposed connections to the 300mmØAC

Regional watermain located within the Canboro Road allowance to the Niagara Region Planning & Development Services Department for review and approval.

3. That the owner shall submit detailed design drawings (with calculations) for extension of the local

200mmØPVC sanitary sewer system required to service the proposed lots and obtain Ministry of the Environment and Climate Change Environmental Compliance Approval(s) under the Transfer of Review Program to the satisfaction of the Niagara Region Planning and Development Services Division.

4. That approval of the requested consent to conveyance shall be conditional on the existing dwelling

(691 Canboro Road) being connected to Municipal sanitary sewers and the existing sewage system decommissioned.

5. That approval of the requested consent to conveyance shall be conditional on extension of the

Municipal sanitary sewer line to service the subject lots being Part 2 and Part 3.

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October 4, 2016 Mrs. Nancy J. Bozzato, Secretary Treasurer Committee of Adjustment Town of Pelham Fonthill, ON L0S 1E0 Dear Mrs. Bozzato: Re: Minor Variance Application A20/2016P (Camara) 903 River Road, Pelham Part of Lot 18, Concession 14, RP 59R7417; Part 8 Roll No. 273201001816100 The subject land is located on the northwest corner of River Road and Farr Street, being Part of Lot 18, Concession 14, Plan 59R7417; Part 8, and known municipally as 903 River Road in the Town of Pelham. The subject land is zoned ‘Agricultural’ (A) in accordance with Pelham Zoning By-law 1136 (1987), as amended. The minor variance application requests relief from:

Section 7.4 c) “Max Lot Coverage” to allow 12.5% overall lot coverage whereas 10% is permitted;

Section 7.7 a) “Max Accessory Lot Coverage” to allow 3.5% lot coverage for accessory structures whereas 1% is permitted;

Applicable Planning Policies Provincial Policy Statement (PPS), 2014 The Provincial Policy Statement (PPS) designates the subject land within the ‘Prime Agricultural Area’. The permitted uses (among others) include: agricultural / agricultural related uses, limited residential development and home occupations. ‘Prime Agricultural Areas’ are defined as including associated Canada Land Inventory Class 4-7 lands as well as ‘Prime Agricultural Lands’ (Class 1-3 lands). Regional Official Plan (Consolidated, August 2014) The Regional Official Plan designates the subject parcel as ‘Good General Agricultural Area’. Policy 5.B.6 states single dwellings are permitted on existing lots of record, provided they were zoned for such as of December 16, 2004.

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Town Official Plan, 2014 The Town Official Plan designates the subject parcel as ‘Good General Agricultural’. Policy B2.1.2 states (among other uses) one single detached dwelling is permitted on a vacant lot of record. Town Zoning By-law Number 1136 (1987) The Town of Pelham Zoning By-law identifies the subject parcel as ‘Agricultural’ (A). The permitted uses (among others) include:

a) Agricultural uses including greenhouses; c) One single detached dwelling on one lot; g) Uses, buildings and structures accessory to the foregoing permitted uses.

Section 7.4 Requirements for dwellings

c) Maximum Lot Coverage 10% Section 7.7 Requirements for buildings and structures accessory to dwellings

a) Maximum Lot Coverage 1% The Committee of Adjustment, in Section 45 (1) of the Planning Act, may authorize a minor variance from the provisions of the by-law, subject to the following considerations:

Minor Variance Test Explanation

1. The variance is minor in nature.

Proposing an overall lot coverage of 12.5% is minor in nature given the small size of the subject land (0.37ha). The proposed accessory lot coverage of 3.5% will be slightly larger than the existing ‘Agricultural’ zone requirement of 1%. Considering the parcel is small for agricultural standards, the variances can still be accommodated with minimal impact. Adequate open space / amenity and septic area for the residents remain even with the exceedance of both accessory and total lot coverages. No negative impacts are anticipated by the adjacent neighbors as adequate distance buffers the surrounding uses from the subject land.

2. The variance is desirable for the development or use of the land.

The proposed variance to permit an overall lot coverage of 12.5% is desirable because it will allow for the practical development of a single detached dwelling on a rural parcel which otherwise is considered too small in area and would restrict the flexibility to build a home. The proposal to exceed the maximum allowable accessory building lot coverage is desirable for the development because it will recognize the existing kwanza hut and allow for the appropriate storage and use of the property’s belongings.

3. The variance maintains the general intent and purpose of the Official

The proposed overall and accessory lot coverage does not compromise the general intent of the Official Plan because adequate open space remains and the property`s

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Plan. development should retain its rural character with one single detached dwelling. Both variances are appropriate given the site’s rural context and meet the purpose of the Pelham Official Plan policies.

4. The variance maintains the general intent and purpose of the Zoning By-law.

Increasing the maximum overall lot coverage to 12.5% and the accessory building lot coverage to 3.5% maintains the general intent of the Zoning By-law because ample amounts of open space remain available on the site, thus the increased lot coverage will not adversely impact the rural residential nature of the lot or the surrounding countryside. The two variances maintain the intent of the Zoning By-law with respect to accessory building scale and lot coverage.

On September 6

th 2016, a notice was circulated to agencies directly affected by the proposed

application including internal Town departments (i.e. Public Works, Building, etc.) and all assessed property owners within 60 metres of the property’s boundaries. To date, the following comments have been received:

Public Works Department (September 22, 2016) o No comments

Building Department (September 22, 2016) o All necessary permits are required prior to construction commencing.

Fire Department (September 26, 2016) o No comments.

Niagara Region Planning and Development Services (September 20, 2016) o Since the sewage system is located within clay soils, the current use of the system is

considered legal non-conforming. o Limited amount of usable land available may require tertiary treatment for any future

sewage system upgrades. Any bedrooms / fixture units included with the proposed addition would require the installation of a new sewage system.

o No objections.

Niagara Peninsula Conservation Authority (May 5, 2016) o No objections provided appropriate sediment and erosion controls are in place prior

to the construction phase and maintained in good working condition until the construction phase is complete and the area is revegetated. At no time shall muddy water or any other materials discharge from this site into the watercourse.

Planning Comments Planning staff note that the property is 0.38ha (0.9ac) in land area, is not farmed and is considered to be a rural residential lot. A site visit was conducted by Planning Staff to note the conditions of the property and surrounding area. Various trees are lightly scattered throughout, three decrepit barns are located on the north abutting parcel with no dwelling and some newly built residential homes surround the site. Reasonable distance surrounds the property between neighbours (see appendix). Therefore, increasing the allowable overall / accessory building lot coverage will not negatively affect any

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neighbouring properties as sufficient open land remains. Setbacks are maintained and storm water runoff shall be contained on-site. The applicant is advised that based on the Niagara Region’s comments regarding the proposed addition containing any new bedrooms or fixture units, a new septic system will be required to the satisfaction of the Region. Planning Staff is of the opinion that the application meets the four minor variance tests laid out by the Planning Act. The application is consistent with Provincial policies, the Regional Official Plan, and conforms to the general intent of the Town’s Official Plan and Zoning By-law. The authorization of the minor variance is not expected to generate negative impacts for adjacent uses or the community at large. Consequently, Planning Staff recommend that Application File Number A20/2016P be approved, subject to the following conditions: THAT

All necessary building permits be obtained prior to construction commencing.

The NPCA is satisfied appropriate sediment and erosion control measures are put in place to avoid any discharge into the watercourse during construction.

Submitted by,

Curtis Thompson

Planner, B.URPl

Reviewed by,

Barb Wiens, MCIP, RPP

Director/ Community Planning & Development

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File: A20/2016P September 22, 2016 Address: 903 River Road, Pelham Owner: Andre Manuel Camara Nancy Bozzato Town Clerk/Secretary-Treasurer The Building Department offers the following comments,

All necessary permits are required prior to construction commencing.

Belinda Phillips



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Memorandum

Public Works Department - Engineering



CC: Nancy J. Bozzato , Clerk; Andrea Clemencio, Director of Public Works & Utilities

FROM: Matthew Sferrazza, Engineering Technologist

RE: File A20/2016P

903 River Road

Public Works has complete a review of the minor variance application A20/2016P for relief to allow 12.5% overall lot coverage whereas 10% is permitted, to allow 3.5% lot coverage for an accessory structure whereas 1% is permitted. Public Works has no comments

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1

Kristina Braun

From: Jordan MammolitiSent: Monday, September 26, 2016 2:39 PMTo: Kristina BraunSubject: FW: Notice of Public Hearing Comments

From: Nancy Bozzato Sent: Monday, September 26, 2016 12:59 PM To: Jordan Mammoliti Cc: Curtis Thompson Subject: FW: Notice of Public Hearing Comments Hi Jordan & Curtis; Fire has no issue with the noted files below. Nan

TOWN OF PELHAM CONFIDENTIALITY NOTICE: The information contained in this communication, including any attachments, may be confidential and is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send it to the sender and permanently delete the original and any copy of it from your computer system. Thank you.

From: William Underwood Sent: Monday, September 26, 2016 11:50 AM To: Nancy Bozzato Subject: Notice of Public Hearing Comments Hi Nancy, We do not have any comments for the following files:

‐ File A7/2016P – 1440 South Pelham ‐ File A20/2016P – 903 River Road ‐ File A21/2016P – 23 Highland Avenue ‐ File A22/2016P – 935 Canboro

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2

Thank you, Will

TOWN OF PELHAM CONFIDENTIALITY NOTICE The information contained in this communication, including any attachments, may be confidential and is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re‐send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you

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October 4, 2016 Mrs. Nancy J. Bozzato, Secretary Treasurer Committee of Adjustment Town of Pelham Fonthill, ON L0S 1E0 Dear Mrs. Bozzato: Re: Minor Variance Application A21/2016P (Kirkpatrick Stoneworks Ltd.) 23 Highland Avenue, Pelham Plan 25, Part of Block G, NP717 Roll No. 273203000500900 The subject land is located on the east side of Highland Avenue, lying south of Elizabeth Street, being Plan 25, Part of Block G, NP717, and known municipally as 23 Highland Avenue in the Town of Pelham. The subject land is zoned ‘Residential 1-31’ (R1-31) in accordance with Pelham Zoning By-law 1136 (1987), as amended. The applicant is seeking relief of the Zoning By-law Special Provisions Amendment R1-31 to permit the addition of “granite slab work” to the existing uses. Special Provision R1-31 currently allows for the manufacture and sale of monuments, uses, buildings and structures accessory thereto. Applicable Planning Policies Provincial Policy Statement (PPS), 2014 The Provincial Policy Statement (PPS) designates the subject land as being within a ‘Settlement Area’. Policy 1.1.3.3 states the Town shall identify appropriate locations and promote opportunities for redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure. Regional Official Plan (Consolidated, August 2014) The Regional Official Plan designates the subject parcel as ‘Urban Area’. Objective 4.G.1.8 states Urban Community policies are to recognize the importance of a diversified economic base by establishing flexible policies to support the wide variety of employment types in Niagara.

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Town Official Plan, 2014 The Town Official Plan designates the subject parcel as ‘Urban Living Area’ which is intended to recognize existing residential areas. The current use of the subject land would be considered legal non-conforming as it existed prior to the Town having an Official Plan. Town Zoning By-law Number 1136 (1987) The Town of Pelham Zoning By-law identifies the subject parcel as ‘Residential 1-31 (R1-31). The permitted uses include:

a) One single detached dwelling; b) Uses and buildings accessory to the foregoing; c) Home occupations d) Nothing shall prevent the use of these lands for the manufacturing and sale of monuments,

uses, and buildings accessory thereto. Application is made to permit the additional use of “granite slab work”. The Committee of Adjustment, under Section 45 (1) of the Planning Act, may authorize a minor variance from the provisions of the by-law if in its opinion the proposed use is desirable for the subject land and the general purpose of the Zoning By-law and Official Plan are maintained. On September 8



Public Works Department (September 22, 2016) o No comments.

Building Department (September 22, 2016) o No comments.


Comments were received from four neighbouring residents which are summarizes as follows:

1. The change in use has increased the traffic volume. There are regular deliveries and customers, though, the owner has explained that

over the years logistics have improved in order to have fewer deliveries required, however added business with countertops sales have maintained comparable customer / delivery visits overall.

2. Employees / customers park on the street. The street is a public ‘right-of-way’ and parking is permitted in accordance with the

Parking By-law. 3. Noise is an issue from truck traffic, reversing beeps and aggregate grinding.

Noise from truck traffic already occurs with delivery and pick-ups; this has been occurring for decades and would not be any different whether the traffic be for countertops or monuments. The owner has explained logistical improvements have reduced the number of deliveries, while paired with a lack of monument business over recent years; the new countertop business inclusion has kept comparable traffic

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levels to the present day. Reverse beeping is an industry safety requirement and cannot be eliminated. Grinding noise occurs in two adjacent sections of the shop and is generally of a high

pitched frequency which is contained within the existing insulated walls. (Unlike low frequency sounds which are difficult to mitigate). While the garage door must be open at times to move products in and out, the operative noise is not something foreign to this neighbourhood. The subject business has operated far longer than many of its residential neighbours. The owner explained to Staff that the grinding performed on monuments is actually louder than the grinding done on countertops (the subject of this Minor Variance).

4. Dust from machining and the gravel parking lot blows into windows. The business performs two types of grinding; one is under fully wet conditions and

the other is performed in a secure chamber which utilizes proper ventilation equipment, and dust vacuums.

Staff witnessed the business operation (which did not appear to have any excessive dust given the nature of business) and the Owner explained false claims over grinding dust spilling into the neighbourhood. Even if dust were coming from countertops, it would not be much different from monument granite dust.

Gravel parking lots are permitted within residential zones. The degree of dust depends much on dry weather conditions.

5. The business expansion will lower property values. There is no evidence to suggest an adverse impact on property values.

6. For 30+ years, a nearby resident has never had any issues or complaints about the business.

No objection.

Planning Comments Planning staff note that the property is similar in size to the neighbouring residential lots, and appears to have formerly been a house prior in history. The current business originated some 80+ years ago, at a time when there were very few homes built nearby. Planning Staff note the subject land abuts the Fonthill Cemetery to the south, and residential homes on all other sides. Planning Staff visited the property, and witnessed the operation with the Owner. Staff is of the opinion that the addition of ‘granite slab work’ to the permitted uses will help ensure a more resilient business prospect for a broader, but similar manufactured use (E.G. monuments & countertops). For instance, the owner has explained to Town staff that traditional burials and the associated need for monuments has diminished in recent years due to a trend toward cremations or natural (green) burials. By allowing for a similar use in manufacturing to ‘granite slab work’, the business can adapt to various market demands. Therefore, broader zoning by-law use permission nurtures a more stable economic base. It is well understood that the current business known as Kirkpatrick Stoneworks Ltd. operates within a residential neighbourhood; however, the business quite clearly established itself adjacent to the Fonthill Cemetery for practical reasons, and was only later joined by much of the current residential neighbours over the years.

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The applicant is advised that residential neighbours have expressed concerns regarding; noise, traffic, dust and parking and because of such, they should ensure that the doors are closed when grinding takes place to the best of their ability. Deliveries to and from and any operations should only be occurring during business hours. The application is consistent with Provincial policies, the Regional Official Plan, and conforms to the general intent of the Town’s Official Plan and Zoning By-law. The authorization of the minor variance is not expected to generate any unreasonable negative impacts for adjacent uses or the community at large than what is currently permissible. Consequently, Planning Staff recommend that Application File Number A21/2016P be approved. Submitted by,

Curtis Thompson

Planner, B.URPl

Reviewed by,



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File: A21/2016P September 22, 2016 Address: 23 Highland Avenue, Pelham Owner: Kirkpatrick Stoneworks Ltd., Nancy Bozzato Town Clerk/Secretary-Treasurer The Building Department offers no comment.

Belinda Phillips



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Memorandum





FROM: Matthew Sferrazza, Engineering Technologist

RE: File A21/2016P

23 Highland Avenue

Public Works has completed a review of the minor variance application A20/2016P for relief from the Zoning By-Law Special Provisions Amendment R1-31 to permit addition of the use “granite slab work” to the existing uses. Public Works has no comments.

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1

Kristina Braun






45

2

Thank you, Will


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September 19, 2016 June E. Timms

Town of Pelham Committee of Adjustment 20 Pelham Town Square, P.O. Box 400 Fonthill, ON L0S 1E0 Regarding: FILE A21/2016P KIRKPATRICK STONEWORKS LTD. To whom it concern, I moved here in 1965, and at that time, it was a quiet residential street (ending at the cemetery, the quietest neighbors one could have) in the quiet town of Fonthill. How times change. Back then we had the Kirkpatrick and O’Brian Monument shop that made tombstones. They were great neighbors, and they hardly made any noise. Moving forward to now, we have the Kirkpatrick Stoneworks Ltd. and things have changed allot. While I don’t have any problems with them or the people that work there, the noise they create for their neighbors and the traffic created on our street is unacceptable in this particular part of town. Since they started with their granite countertop business, traffic on the street and noise from their factory has increased exponentially, a drastic change from what it used to be. First, the traffic: We now have semis and trucks of all sizes backing down our quiet residential street on a regular basis, We also have couriers and smaller trucks that don’t need to back up, but are usually in a hurry. We also have young children who play on this street, people out walking their dogs, and people just out for a stroll. Should these people really have to look for large trucks, tow motors and such on a quiet residential street? There are also the elderly residents that live around here, needing to get somewhere, but can’t because a semi is backing down the street, blocking driveways. This is hardly a good mix, and an accident just waiting to happen. This happens on a daily basis. There are also the customers coming to the shop, not really having a clue as to where they are. Never a day goes by that there isn’t some strange car parked on the street, leaving residents wondering whose it is, and why are they parked in front of my house. This can be quite unsettling in a neighborhood where everyone knows everyone and look out for each other, especially the elderly residents. Now the noise:

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Imagine if you will that it is 7:30 AM where you live, and you just got woken up by a garbage hauler dumping I don’t know how many thousands of pounds of rock into his truck from about 15 feet in the air. It literally shakes the house. We wake up to this on a regular basis. Not to mention constant din of the various factory vehicles making their regular dumps into the bin that said hauler is emptying. There is also the constant drone of vehicle back up alarms going all day, either from trucks backing down the street or vehicles in the yard. Then there is the noise from the factory itself. Imagine if you will, a nice summer’s day where one might want to enjoy your backyard. Now imagine going to your backyard and having to listen to the constant drilling and cutting of granite, day in day out, day after day. It’s kind of like sitting in a dentist’s chair getting cavities drilled, all day, every day. It definitely takes the fun out of working hard on one’s yard so that one can enjoy it, don’t you think? Moving on, there is also the problem of lowering the resale value of properties in the area of this business. I am sure that once a potential buyer finds out the issues of living with their future neighbor, offering prices drop drastically. In my opinion, a business that manufactures items such as countertops etc. should be in an industrial area where they don’t negatively affect their neighbors, not on a residential street in the middle of town. The increased traffic and the kind of traffic brought to this street by this business is dangerous for the surrounding residents, and the increased noise is unacceptable. Sincerely,

June Timms

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Kristina Braun

From: Jordan MammolitiSent: Friday, September 23, 2016 5:40 AMTo: Kristina BraunSubject: Fwd: file A21/2016P - Kirkpatrick Stoneworks Ltd.

Follow Up Flag: Follow upFlag Status: Flagged

Begin forwarded message:

From: Kuchyt Family > Date: September 22, 2016 at 8:34:23 PM EDT To: <[email protected]> Subject: file A21/2016P - Kirkpatrick Stoneworks Ltd.

Attention Ms. Bozzato Please accept this email in response to the notice delivered regarding the above noted file. My name is Tom Kuchyt and I'm the executor to the estate of Robert Kuchyt who resided at Highland Avenue. This was a very quiet street with limited traffic due to it being a dead-end street until a few years ago. There is a business at the end of the street which manufactures headstones which is allowed under the current zoning for this property. This business has expanded and now manufactures marble countertops. This change in use has increased the amount of traffic on the street, especially large trucks and along with this comes the added noise not only from the vehicles but from the constant grinding noise throughout the day including Saturdays. The business is situated on a small piece of property forcing the employees to park on the boulevard and street. This is not the appropriate location for this type of business, there is a cemetery one one side and residential on the remaining three sides. I object to any change in zoning or approvals required to allow this type of manufacturing to continue. Tom Kuchyt, Tel:

This email has been checked for viruses by Avast antivirus software. www.avast.com

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October 4, 2016 Mrs. Nancy J. Bozzato, Secretary Treasurer Committee of Adjustment Town of Pelham Fonthill, ON L0S 1E0 Dear Mrs. Bozzato: Re: Minor Variance Application A22/2016P (Caudwell) 935 Canboro Road, Pelham Part of Lot 18 & 19, Concession 9, RP59R9827; Part 1 Roll No. 273201001610500 The subject land is located on the north side of Canboro Road, lying west of Farr Street, being Part of Lot 18 & 19, Concession 9, Plan 59R9827; Part 1, and known municipally as 935 Canboro Road in the Town of Pelham. The subject land is zoned ‘Agricultural’ (A) in accordance with Pelham Zoning By-law 1136 (1987), as amended. The minor variance application requests relief from:

Section 7.7 a) “Max Accessory Lot Coverage” to allow 3% lot coverage for accessory structures whereas 1% is permitted;

Applicable Planning Policies Provincial Policy Statement (PPS), 2014 The Provincial Policy Statement (PPS) designates the subject land within the ‘Prime Agricultural Area’. The permitted uses (among others) include: agricultural / agricultural related uses, limited residential development. ‘Prime Agricultural Areas’ are defined as including associated Canada Land Inventory Class 4-7 lands as well as ‘Prime Agricultural Lands’ (Class 1-3 lands). Regional Official Plan (Consolidated, August 2014) The Regional Official Plan designates the subject parcel as ‘Good General Agricultural Area’. Policy 5.B.6 states single dwellings are permitted on existing lots of record, provided they were zoned for such as of December 16, 2004. Town Official Plan, 2014 The Town Official Plan designates the subject parcel as ‘Good General Agricultural’. Policy B2.1.2 states (among other uses) one single detached dwelling is permitted on a vacant lot of record.

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Town Zoning By-law Number 1136 (1987) The Town of Pelham Zoning By-law identifies the subject parcel as ‘Agricultural’ (A). The permitted uses (among others) include:

c) One single detached dwelling on one lot; g) Uses, buildings and structures accessory to the foregoing permitted uses.

Section 7.7 Requirements for buildings and structures accessory to dwellings

a) Maximum Lot Coverage 1% The Committee of Adjustment, in Section 45 (1) of the Planning Act, may authorize a minor variance from the provisions of the by-law, subject to the following considerations:



The proposed accessory lot coverage of 3% will be slightly larger than the existing ‘Agricultural’ zone requirement of 1%. Considering the parcel is small for agricultural standards, the variance can still be accommodated with minimal impact maintaining adequate open space / amenity and septic area for the residents. No negative impacts are anticipated by the adjacent neighbors as adequate distance buffers the surrounding uses from the subject land.


The proposed variance to permit an accessory lot coverage of 3% is desirable because it will allow for the practical development of a single detached dwelling on a rural parcel which otherwise is considered too small in area to accomplish such a build.

3. The variance maintains the general intent and purpose of the Official Plan.

The proposed accessory lot coverage does not compromise the general intent of the Official Plan because adequate open space remains and the property`s development should retain its rural character with one single detached dwelling. The variance is appropriate given the site’s rural context and meets the purpose of the Town Official Plan policies.


Increasing the maximum accessory lot coverage to 3% maintains the general intent of the Zoning By-law as ample amounts of open space remain available on the site, thus the increased lot coverage will not adversely impact the rural residential nature of the lot or the surrounding countryside.

On September 8




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Niagara Region Planning and Development Services (September 20, 2016) o Since the sewage system is located within clay soils, the current use of the system is

considered legal non-conforming. o If any changes occur to the pool or sewage system in the future, the location of the

pool may need to change to ensure compliance with the minimum setback requirement.

o No objections.

Niagara Peninsula Conservation Authority (September 16, 2016) o No objections.

Planning Comments Planning staff note that the property is 0.45ha (1.1ac) in land area, is not farmed and is considered to be a rural residential lot. Planning Staff note the subject land abuts the Canadian Pacific Rail Corridor to the north; no comments were received from the CPR Ltd. Various residential homes surround the site on small parcels as well as agricultural operations. The proposed lean-to on the accessory building is shielded to the nearest neighbours by the existing dwelling and reasonable distance surrounds the property between the other neighbours. Therefore, increasing the allowable accessory building lot coverage will not negatively affect any nearby properties as sufficient open land remains. Setbacks are maintained and storm water runoff shall be contained on-site. Planning Staff is of the opinion that the application meets the four minor variance tests laid out by the Planning Act. The application is consistent with Provincial policies, the Regional Official Plan, and conforms to the general intent of the Town’s Official Plan and Zoning By-law. The authorization of the minor variance is not expected to generate negative impacts for adjacent uses or the community at large. Consequently, Planning Staff recommend that Application File Number A20/2016P be approved, subject to the following conditions: THAT

All necessary building permits be obtained prior to construction commencing. Submitted by,

Curtis Thompson

Planner, B.URPl

Reviewed by,



57

File: A22/2016P September 22, 2016 Address: 935 Canboro Road, Pelham Owner: Betty Veronica Caudwell and David Michael Caudwell Nancy Bozzato Town Clerk/Secretary-Treasurer The Building Department offers the following comments,


Belinda Phillips



58

Memorandum






RE: File A22/2016P

935 Canboro Road

Public Works has completed a review of the minor variance application A22/2016P for relief to allow 3% lot coverage for accessory buildings whereas 1% is permitted. Relief is also requested for the construction of a lean-to accessory building. Public Works has no comments.

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Kristina Braun






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Thank you, Will


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Via Email Only September 20, 2016

Our File: MV-16-045 Nancy J. Bozzato Secretary-Treasurer, Committee of Adjustment/Town Clerk Town of Pelham 20 Pelham Town Square, P.O Box 400 Fonthill ON L0S 1E0

Dear Ms. Bozzato Re: Application for Minor Variance Applicant: Betty Verona Caudwell and David Michael Caudwell Location: 935 Canboro Road, Part Lot 18 & 19, Concession 9 Town File: A22/2016P Niagara Region Development Services Division has reviewed the information circulated for the above-noted application and provides the following comments to assist the Town in its consideration of this application. Private Sewage System Review

Private Sewage System inspection staff have inspected the property and reviewed the application to construct an lean-to beside the existing accessory building on this lot. No record was found for the existing older Class 4 sewage system, which is considered to be legal non-conforming. No visible defects were found with the sewage system at the time of our inspection. The septic tank is located to the west of the dwelling and the tile bed is located to the north of the existing dwelling. The proposed lean-to does not remove usable land for a replacement system in the future and the property contains enough reserve area for future upgrades to the sewage system that may be required. Please note, it appears the above-ground pool with a deck may not meet the minimum setback requirements of the Ontario Building Code from a sewage system to a structure. Therefore, please note if any changes occur to the pool or the sewage system in the future, the location of the pool may need to change to ensure compliance with the minimum setback requirement. Therefore, we have no objections to the submitted application.

Yours truly,

Caitlin Wood, Private Sewage System Inspector C: Rattan Seeboruth, P.Eng. – Development Approvals Technician Niagara Region

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Kristina Braun

From: Jordan MammolitiSent: Wednesday, September 21, 2016 3:44 PMTo: Curtis Thompson; Kristina BraunSubject: FW: A22/2016

Follow Up Flag: Follow upFlag Status: Flagged

From: Sarah Mastroianni [mailto:[email protected]] Sent: Friday, September 16, 2016 9:13 AM To: Nancy Bozzato; Jordan Mammoliti Subject: A22/2016 Good Morning, Please be advised that the NPCA offers no objections to the approval of the above noted proposal. The lot does fall within the Niagara Region’s Core Natural Heritage mapping due to the property being within a Potential Natural Heritage Corridor, however, the proposed addition of a lean to on the north side of the existing garage will not create any significant adverse impacts to this feature or its ecological functions. If you have any questions, please let me know. Sarah Mastroianni Watershed Planner Niagara Peninsula Conservation Authority 250 Thorold Road West, 3rd Floor Welland, Ontario L3C 3W2 Phone: 905 788 3135 (ext. 249) Fax: 905 788 1121 email: [email protected]

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October 4, 2016 Mrs. Nancy J. Bozzato, Secretary Treasurer Committee of Adjustment Town of Pelham Fonthill, ON L0S 1E0 Dear Mrs. Bozzato: Re: Minor Variance Application A7/2016P (R. Taylor) 1440 Pelham Street, Pelham Plan Temperance V, Part of Lot 1-4, Registered Plan 59R72 Roll No. 273203000503700 The subject land is located on the west side of Pelham Street, between Church Hill and Regional Road 20, Temperanceville Plan, Now Plan 715. The property is known municipally as 1440 Pelham Street. The subject land is zoned General Commercial in accordance with Pelham Zoning By-law 1136(1987), as amended. The minor variance application requests relief from:

Section 6.9 c)(iii) o Reduction to loading space Requirement of 2 spaces for commercial GFA over

930m² (10,010.76ft²); proposed 1 space for existing commercial GFA over 13,000ft²

Section 6.9 h) o Reduction of loading space access To reduce required access width from 3.5m to

3.05m

Section 6.16 a) o Reduction of parking requirement To reduce standard of 1.5 spaces per dwelling

unit (PDU) to 0.5 spaces PDU

Section 6.16 a) o Reduction of parking requirement To reduce the total number of required

commercial parking spaces from a previously reduced (File A6/2014P) minimum of 45 spaces to 39 spaces.

Section 6.16 d)(i) o Reduction of parking aisle width To reduce standard from 7.6m to 6.6m

Section 19.3 c) o Reduction of landscape amenity area To reduce landscape amenity area from

55m² to Nil (0m²)

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Applicable Planning Policies Provincial Policy Statement, 2014 The lands are located within the ‘Settlement Area’ according to the Provincial Policy Statement (PPS). The PPS provides that the focus of development will be within Settlement Areas and development shall provide for a range of densities, a mix of land uses and opportunities for intensifications taking into consideration existing planned infrastructure. Growth Plan for the Greater Golden Horseshoe, 2006 The subject parcel is located within an ‘Urban Settlement Area’, built-up areas are to be the focus of new growth for communities. 1.2.2 Guiding Principles for the Greater Golden Horseshoe (GGH) is based on the following principles:

Build compact, vibrant and complete communities.

Plan and manage growth to support a strong and competitive economy.

Optimize the use of existing and new infrastructure to support growth in a compact, efficient form.

2.2.2 Population and employment growth will be accommodated by: a) Directing a significant portion of new growth to the built-up areas of the community through

intensification d) Reducing dependence on the automobile through the development of mixed-use, transit-

supportive, pedestrian-friendly urban environments h) Encouraging cities and towns to develop as complete communities with a diverse mix of land

uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services

j) Directing major growth to settlement areas that offer municipal water and wastewater systems

Regional Official Plan (Consolidated, August 2014) The Regional Official Plan designates the subject land as ‘Built-up Area’ within the Urban Area Boundary. Regional policies also support intensification in urban communities with the focus of growth and development being within built-up areas. Town Official Plan, 2014 The subject land is located within the ‘Downtown’ designation of the Town Official Plan. B1.2.3 states the intent of the ‘Downtown’ designation is to accommodate a diverse mix of commercial, residential, cultural and social uses. In Downtown Fonthill specifically, this Plan envisions more housing opportunities. New development in Downtown Fonthill will promote mixed use building and integrate residential uses all of which is to be accessible and/or linked to existing public spaces. B1.2.4.4 states upper floor residential apartments will be permitted provided appropriate parking can be accommodated for the use.

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B1.2.4.5 states where a new use cannot accommodate the Town’s parking requirement, the Town may accept cash-in-lieu where it is demonstrated that the parking can be accommodated in an alternate location. Note that the Town does not currently have a ‘Cash-in-lieu’ of Parking By-law. The proposed use of the subject land is consistent with the goals of the Downtown Master Plan. The site is also located within the Town’s Community Improvement Plan (CIP) Area. The CIP is defined with objective goals set forth to maintain, rehabilitate and redevelop the existing physical environment to accommodate the social and economic priorities of the Town, within the Planning Act framework. Town Zoning By-law Number 1136 (1987) The Town of Pelham Zoning By-law identifies the subject parcel as ‘General Commercial’ (GC). Section 6.9 c)(iii) Loading Space Requirements for Commercial Uses: Over 930m² (10,010.76ft²) GFA = 2 spaces Section 6.9 h) Access to Loading Spaces Minimum 3.5m wide driveway Section 6.16 a) Minimum Parking Requirement 1.5 spaces PDU Section 6.16 a) Minimum Parking Requirement 1 space per 30m² Section 6.16 d)(i) Ingress & Egress Minimum 7.5m wide for 2-way driveway Section 19.3 c) Regulations for Residential Uses Minimum landscaped amenity area = 55m² PDU The Committee of Adjustment, in Section 45 (1) of the Planning Act, may authorize a minor variance from the provisions of the by-law, subject to the following considerations:



The reduction of the loading space requirement of 2 spaces to 1 space per the existing commercial GFA is minor overall considering the property has actually only ever been utilizing 1 true loading space from the currently registered Site Plan on title. Site operations appear to be trouble. Reducing the required loading access width from 3.5m to 3.05m is minor overall as this size has been operating for some time with no known difficulties. Reducing the minimum parking requirement standard from 1.5 to 1 space PDU is minor in nature as the site currently utilizes

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only a percentage of the current capacity for the existing commercial uses according to the applicant and this remaining vacancy can be shared with the proposed residential uses. In the event that the parking lot is filled to capacity, Pelham Street has an on-street parking supply that can help meet customer turn-over demand. Reducing the parking aisle width from 7.6m to 6.6m is minor in nature considering a narrower 6m standard has been adopted in other municipalities and has proven adequate, 6.6m is sufficient. It is important though, to recognize that the width of the parking aisle functions together with the length of the parking stall to ensure appropriate space for accessing parking spaces is available. The reduction in the width to 6.6m does not compromise the ability to access a parking space and can provide for two-way traffic movement. Reducing the landscaped amenity area requirement to zero is minor in nature given the Downtown Fonthill context. Compact, mixed-use buildings typically provide private outdoor amenity space to their residents through the use of balconies. Landscaped amenity areas could also be considered as part of a “green roof” application to minimize storm run-off impacts and the urban heat island effect.


The reduction of the loading space requirement of 2 spaces to 1 space is desirable for the development in question as it alleviates 2 additional parking spaces from what would be considered an unnecessary use of pavement for dual site commercial loading purposes. Reducing the required loading space access width from 3.5m to 3.05m is desirable for the use of the land because modifying the building to accommodate such a specification would mean altering the physical walls which is not only unrealistic, but serves no functional purpose as trucks have managed to navigate the site safely. The continued use of the non-complying loading space access is desirable for the development of the land as it allows for site deliveries to occur on-site and not on Pelham Street. Reducing the minimum parking requirement standard from 1.5 to 1 space PDU is desirable for the development of the land because there are differing peak parking demands between the commercial and residential uses providing the ability to utilize shared parking in this instance. It is important though that each residential unit will have at least one parking space attributed to it. The reduced parking requirement will result in 6 fewer spaces and is not expected to negatively impact the property.

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The variance to further reduce the minimum parking requirement from 45 to 39 spaces is desirable for the development of the land because it will allow for the applicant to proceed towards the Site Plan stage by not making the project costs prohibitive by requiring underground / structured parking be provided. Raising the cost of development to satisfy minimum parking requirements in a circumstance which may or may not demand stalls raises the cost of development. Higher development costs from parking would translate into less affordable housing based on the grounds that all the residents / tenants drive and intend to park a vehicle or two on-site. Given the subject land’s historical context, perhaps too much parking has been previously warranted, and a reduced requirement will allow for more desirable infill development. Reducing the parking aisle width from 7.6m to 6.6m is desirable for the property as it will facilitate calmer driving speeds throughout the parking lot. The narrower aisle width will allow for the site plan to accommodate more parking spaces, compared with what would have otherwise been able to fit within the original geometry standards. Reducing the landscaped amenity area requirement to zero is desirable for the subject land as it allows the property to retain it’s urban character. Landscaped amenity areas are desirable in general; however, the trade-off needs to be appropriately deliberated particularly when new landscaping takes away from a person’s sense of place. The fact that Downtown Fonthill is organically urban; buildings which line the edges of Pelham Street and “frame” the public realm do not support such a generous open space provision, to do so would compromise the property’s desirability.

3. The variance maintains the general intent and purpose of the Official Plan.

The reduction of the loading space requirement from 2 spaces to 1 maintains the general intent of the Official Plan by ensuring necessary site servicing accessibility and keeping with the efficient use of limited paved parking area. Also, the loading space location is screened from public view being in the rear yard. Reducing the required loading space access width from 3.5m to 3.05m maintains the general objective of the Official Plan by recognizing the non-complying status of the current site design’s ingress/egress. The current driveway access width is sufficient for site servicing and meets the needs of the tenants. Reducing the minimum parking requirement standard from 1.5 to 1 space PDU maintains the general intent of the Official Plan because based on the applicant’s current documented average parking occupancy rate of 30-50%, the demand will be adequately absorbed on-site even with the addition of 12

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residential apartments. Also, by avoiding the costs associated with providing an alternative underground parking facility, the applicant’s ability to spend more lavishly on other, more desirable development features (E.g. façade treatments, roof cornices and/or balcony features) to the benefit of the community can be encouraged. Reducing the minimum parking requirement from 45 to 39 spaces maintains the purpose of the Official Plan because existing commercial demand has not justified the reserved spaces declared under the existing commercial requirements. Allowing the relief in parking will not unduly impede the applicant’s ability to move forward with Site Plan Control in a situation where adequate parking is maintained on site. In general, the applicant’s proposed development meets various planning objectives and also the Town’s vision for Downtown Fonthill. Reducing the parking aisle width from 7.6m to 6.6m does not compromise the general intent of the Official Plan as adequate drive aisle width is still preserved and safe maneuverability is allowed. Reducing the landscaped amenity area requirement to zero maintains the general intent of the Official Plan by promoting the continued use of a desirable mixed-use, compact urban built form of development. Most of the mixed-use buildings in Downtown Fonthill are in breach of this landscaped amenity requirement, yet, at the same time are also part of the most noteworthy district in Pelham.


The reduction of the loading space requirement from 2 spaces to 1 maintains the general intent of the Zoning By-law by still providing a loading zone for an existing commercial GFA which is to remain unchanged. The current single loading zone has seemingly proven adequate for the applicant. It is also worth noting that in other examples of loading space shortages, the property owner/tenants have the ability to coordinate their private deliveries in a way that works with neighbouring tenants business schedules. Reducing the required loading space access width from 3.5m to 3.05m maintains the general objective of the Zoning By-law by recognizing the existing deficiency and how the site’s operations are not problematic with respect to ingress and egress. The proposal to reduce the residential and commercial parking requirements maintain the general objective of the Zoning By-law by still providing sufficient parking spaces to meet the purpose of the ‘Minimum Parking Requirements’. The

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applicant has expressed an illustrated a vacancy level which is satisfactory to accommodate a further 12 residential dwelling units by converting some commercially reserved stalls over to the residential uses. Reducing the parking aisle width from 7.6m to 6.6m maintains the general intent of the Zoning By-law by still providing amply wide 2-way parking aisle passing ability safely. It should be noted that 6m standards are common in many other municipalities with double loaded parking on 2-way aisles. Reducing the landscaped amenity area requirement to zero meets the intent of the Zoning By-law in this instance given the Downtown Fonthill context.

On September 14


application including internal Town departments (i.e. Public Works, Building, etc.) and all assessed property owners within 60 metres of the property’s boundaries (refer to Appendix 2). To date, the following comments have been received:



Fire & By-law Services (May 10, 2016) o No comments. However, the side access routes do not conform to Fire Department

requirements; as a result, this building is considered to have a single road access. No comments were received from the public. Planning Comments Planning staff note that the applicant will need to apply for Site Plan Approval from Council following the result of this application prior to any development proceeding which will deal with (among other things) design details such as; garbage collection, amenity areas, lighting, walkways and site servicing requirements. As Planning Staff and the Committee are aware, the general purpose and intent of the Zoning By-law’s various setback and dimensional requirements is to ensure the provision for appropriate spatial separation to minimize land use conflicts. Staff are of the opinion that the reduced loading space access and drive aisle width is not considered to have a significant negative impact on the site or adjacent properties, if any at all. Based on current parking supply availability on the subject land, a further 12 residential units worth of demand is minor and should not have any negative spill over to neighbouring properties, if any at all. The Town’s Downtown Master Plan makes mention of Fonthill’s ±1200 parking spots and supply which is considered satisfactory. In general, with the exception of public events such as Pelham Summerfest or Suppermarket where capacity is exploited, there are no parking problems in Fonthill

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as a result of an overall shortage. It should be noted that Section 6.16 (i) Central Business Area - Parking Regulations reads as follow:

Commercial uses within a GC zone shall either be provided with the required number of parking spaces or shall be exempt from the provision in accordance with an agreement with Council pursuant to the Planning Act.

Planning staff are more satisfied with the revised Site Plan, particularly the reconfigured parking stalls which are now adjacent to the building. The adjacent parking stalls make the use of the accessible parking even easier for the community, make unloading difficult items for residential / commercial tenants easier and provide an opportunity for soft landscaping. This type of development promotes several key objectives and policy directions identified by the Town, Region and Province, namely, to encourage a more desirable, liveable, diverse and pedestrian scaled Downtown neighbourhood. Please also note that a Minor Variance was previously granted by the Committee of Adjustment on May 6, 2014 (File A6/2014P) as follows:

Section 6.16 a) o Minimum Parking Requirement reduction from 48 spaces to 45 spaces

Planning Staff is of the opinion that the application meets the four minor variance tests laid out by the Planning Act. The subject application is consistent with Provincial policies, the Regional Official Plan, and complies with the general intent of the Town’s Official Plan and Zoning By-law. The authorization of the minor variance is not expected to generate adverse effects on adjacent neighbours, users of Pelham Street or on the community at large. Consequently, Planning Staff recommend that Application File Number A7/2016P be approved subject to the following conditions: THAT

The applicant submits an application for Site Plan Approval and enter into Site Plan Agreement to the satisfaction of the Town; and

All necessary building permits be obtained prior to construction commencing. Submitted by,

Curtis Thompson

Planner, B.URPl


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File: A7/2016P September 22, 2016 Address: 1440 Pelham Street, Pelham Owner: Meie Management Investment Company Nancy Bozzato Town Clerk/Secretary-Treasurer The Building Department offers the following comments,


Belinda Phillips



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Memorandum




CC: Andrea Clemencio, Director of Public Works & Utilities, Nancy Bozzato, Clerk


RE: File A7/2016P – Amendment

1440 Pelham Street

We have completed the review of the minor variance for application A7/2016P for subject land zoned General Commercial in accordance with Pelham Zoning By-law 1136(1987), as amended. The following variances have been requested:

Reduction of Loading Space from 2 spaces to 1 space

Reduce Loading Space Access from 3.5m to 3.05m

Reduction of parking requirement from 1.5 spaces pdu to 1 space pdu for a total of 51 spaces

Reduction of parking aisle width from 7.9m to 6.6m

Reduction of landscape amenity area from 55m² to 0m²

Public Works has no comments.

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Kristina Braun






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Thank you, Will


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committee of adjustment agenda - escribe meetings

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