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Committee of Adjustment
March 18, 2021
What was decided (14 motions)
13 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
That the agenda for March 18, 2021 meeting be approved.
Moved by B. Archer, seconded by S. Richardson
Carried
That the minutes of the previous meeting held February 18, 2021 be adopted as printed.
Moved by D. Marsh, seconded by S. Strangway
Carried
That consent application D03-2020-034, being an application to sever an approximately 316.13 square metre residential lot and retain an approximately 697.44 square metre residential lot with the conditions of provisional consent substantially in the form attached as Appendix G, be GRANTED. Conditions of Provisional Consent: 1. This approval applies to the transaction applied for, subject to any minor alterations to the mutual lot line within the rear yards required as a result of exercising option b of Condition 2 to maintain the minimum lot area requirement of the R3 Zone. 2. The owner shall submit surveyor confirmation to the satisfaction of the Development Engineering Division the width of the William Street North road allowance. The owner shall carry out or cause to be
Moved by D. Marsh, seconded by Councillor Yeo
Carried
That minor variance application D20-2020-044 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. 1) That this application shall be deemed to be refused if consent application D03-2020-034 lapses; and 2) That the building construction of the dwelling related to this approval shall proceed substantially in accordance with the elevation in Appendix D submitted as part of Report COA2021-013, which shall be attached to and form a part of the Committee’s Decision. This approval pertains to the application as described in report COA2021-013. Fulfillment of the conditions are required for the Minor Variance to be considered final and binding.
Moved by D. Marsh, seconded by S. Richardson
Carried
That minor variance application D20-2021-007 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the building construction related to this approval shall proceed substantially in accordance with the sketches in Appendices C & D submitted as part of Report COA2021-014, which shall be attached to and form part of the Committee’s Decision; 2) That within 24 months after the date of the Notice of Decision the owners shall submit to the Secretary-Treasurer photographic evidence confirming that the structure identified as ‘Exist. Shed’ on Appendix C has been removed, and; 3) That the building construction related to the minor variances shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2021-014. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by Councillor Yeo, seconded by S. Strangway
Carried
That reliefs 4-7 sought for the shed in minor variance application D20-2021-008 be DENIED, as the reliefs do not meet the four tests set out in Section 45(1) of the Planning Act. That reliefs 1-3 sought for the addition to the dwelling in minor variance application D20-2021-008 be GRANTED, as the reliefs do meet the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the building construction for the addition to the dwelling related to this approval shall proceed substantially in accordance with the sketch in Appendix C and elevation in Appendix D submitted as part of Report COA2021-015, which shall be attached to and form part of the Committee’s Decision, 2) That prior to the issuance of a building permit the owner shall submit photographic evidence satisfactory to the Secretary-Treasurer that the shed identified in Appendix C to Report COA2021-015 has been relocated to the lot across the road, which is also owned by the owner, and sited in compliance with the Zoning By-law; and 3) That the building construction related to the minor variances shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2021-015. Fulfillment of the conditions are required for the Minor Variances to be considere
Moved by D. Marsh, seconded by S. Strangway
Carried
That Minor Variance application D20-2021-009 be
Moved by D. Marsh, seconded by B. Archer
Deferred
That minor variance application D20-2021-010 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the building construction related to this approval shall proceed substantially in accordance with the sketch in Appendix C submitted as part of Report COA2021-017, which shall be attached to and form part of the Committee’s Decision; and 2) That the building construction related to the minor variances shall be completed within a period of six (6) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2021-017. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.
Moved by S. Richardson, seconded by Councillor Yeo
Carried
That minor variance application D20-2021-011 be GRANTED, as the application meets the tests set out in Section 45 (1) of the Planning Act. Conditions: 1) That the building construction related to this approval shall proceed substantially in accordance with the sketch in Appendix C submitted as part of Report COA2021-018, which shall be attached to and form part of the Committee’s Decision; 2) That notwithstanding the definition of front yard, the granting of the variance will not be interpreted to permit the placement of any other structure or accessory building between the front wall of the dwelling and the front lot line; and 3) That the building construction related to the minor variances shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2021-018. Fulfillment of all conditions is required for the Minor Variances to be considered final and binding.
Moved by B. Archer, seconded by S. Strangway
Carried
That minor variance application D20-2021-012 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the building construction related to this approval shall proceed substantially in accordance with the sketch in Appendix C submitted as part of Report COA2021-019, which shall be attached to and form part of the Committee’s Decision; 2) That prior to the issuance of a building permit, the owner shall apply for and complete an Application for a Sewage System Permit with the Building Division – Part 8 Sewage Systems; 3) That within 24 months after the date of the Notice of Decision the owners shall submit to the Secretary-Treasurer photographic evidence confirming that the structures identified on Appendix C to Report COA2021-019 as ‘Pumphouse’ and ‘Shed’ have been removed, 4) That within 24 months after the date of the Notice of Decision the owners shall submit to the Secretary-Treasurer photographic evidence confirming that the structure identified on Appendix C to Report COA2021-019 as ‘Relocated sauna to be located a minimum 1.2m from property line’ has been relocated; and, 5) That the building construction related to the minor variances shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to
Moved by D. Marsh, seconded by Councillor Yeo
Carried
That minor variance application D20-2021-013 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the building construction related to this approval shall proceed substantially in accordance with the sketch in Appendix C and elevation in Appendix D submitted as part of Report COA2021-020, which shall be attached to and form part of the Committee’s Decision; and 2) That the building construction related to the minor variance shall be completed within a period of six (6) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2021-020. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by S. Strangway, seconded by Councillor Yeo
Carried
That minor variance application D20-2021-014 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. Conditions: 1) That the building construction related to this approval shall proceed substantially in accordance with the sketches in Appendices C & D submitted as part of Report COA2021-021, which shall be attached to and form part of the Committee’s Decision, and; 2) That the building construction related to the minor variances shall be completed within a period of twenty-four (24) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2021-021. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.
Moved by B. Archer, seconded by S. Richardson
Carried
That the meeting be adjourned at 4:49pm.
Moved by D. Marsh, seconded by S. Richardson
Carried
That minor variance application D20-2021-013 be GRANTED, as the application meets the tests set out in Section 45(1) of the Planning Act. 27 28 Conditions: 1) That the building construction related to this approval shall proceed substantially in accordance with the sketch in Appendix C and elevation in Appendix D submitted as part of Report COA2021-020, which shall be attached to and form part of the Committee’s Decision; and 2) That the building construction related to the minor variance shall be completed within a period of six (6) months after the date of the Notice of Decision, failing which this application shall be deemed to be refused. This condition will be considered fulfilled upon completion of the first Building Inspection. This approval pertains to the application as described in report COA2021-020. Fulfillment of all conditions is required for the Minor Variance to be considered final and binding.