THE CORPORATION OF THE TOWN OF LINCOLN COMMITTEE OF ADJUSTMENT. AGENDA TUESDAY SEPTEMBER 24, :00 p. m. COUNCIL CHAMBERS

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1 THE CORPORATION OF THE TOWN OF LINCOLN COMMITTEE OF ADJUSTMENT AGENDA TUESDAY SEPTEMBER 24, :00 p. m. COUNCIL CHAMBERS Page 1. DECLARATIONS PECUNIARY OF INTEREST 2. REVIEW OF CORRESPONDENCE RELATING TO APPLICATIONS (a) Note: Not all of the correspondence may have been available for the agenda package and additional agency comments will be delivered at the meeting. 3. PUBLIC MEETINGS (a) PLCON & PLCON Consent Applications Tallman Funeral Homes (b) PLCON Consent Application Tuinstra 4. REVIEW OF PREVIOUS MINUTES (a) Committee of Adjustment Minutes of August 27, OTHER CORRESPONDENCE 6. OTHER BUSINESS 7. ADJOURNMENT (a) The next meeting date is scheduled for October 22, 2013 Page 1 of 10

2 1970 TOWN OF LINCOLN Beamsville, ON LOR 181 TEL (e05) FAX (eos) September 20,2013 Applications: P1CON & P1CON Monika Cocchiara Secretary-Treasurer Town of Lincoln Committee of Adjustment Beamsville ON LOR 181 Dear Mrs. Cocchiara RE Tallman Funeral Homes Limited Applications for Consent 4996,4998 and 5000 King Street (Regional Road No. 81) Lot 276 and Part of Lots 272, 275 and 277, Corporation Plan No. 3 Hearinq Date: September 24,2013 Staff offer the following comments in regard to the above-noted application 1. Town of Lincoln Plannino and Devel oi) me nt D eoartment Comments These applications for consent to sever are intended to create the following parcels a a 247 square metres (0.06 ac) of land (Part 5 on the surveyor's sketch) occupied by a commercial building known as 4996 King Street. This application is also for consent to an easement/right-of-way in perpetuity over Part 3 for the purpose of access in favour of Part square metres (0.10 ac) of land (Part 1)occupied by a single detached dwelling and accessory structure identified as 5000 King Street. This application is also for consent to an easement/right-of-way in perpetuity over Part 2 for the purpose of access in favour of Part 1. Parts 2, 3 & 4, municipally known as 4998 King Street, are to be retained for continued commercial use. The subject lands are designated Central Business District according to the Official Plan and are zoned General Commercial (GC- Central Business District Area) in the Town's Zoning By-law. The applicant has informed that the parcels were purchased separately some time ago and have inadvertently merged in title as a single parcel. The intent of this application is to divide the Web Site: ÚÜ=-tuil generalinquiries@lincoln ca Page 2 of 10

3 September 20,2013 Letter to Secretary-Treasurer, Committee of Adjustment Applications: PLCON & PLCON parcels and secure access to the rear of 4996 and 5000 King Street by way of easement over the center property, 4998 King Street. Planning and Development Staff is of the opin on that the creation of the proposed lots conform to the Regional Policy Plan and the Town's Official Plan and is consistent with the Provincial Policy Statement. 2. Aqencv ments Lincoln Public Works Department and Regional Public Works, Planning Services Division - have informed that they have no objection to the proposed division of lands. 3. Public Gomments As of the preparation of this letter, the Town had not received any correspondence from the public. 4. Recommendation ln conclusion, Planning and Development Staff is of the opinion that this application meets the purpose and intent of the Provincial Policy Statement, Regional Policy Plan and Lincoln Official Plan. Planning and Development Staff recommends that applications PLCON & PLCON BEAPPROVED. Please provide notice of the Committee's decision Prepared by Cra Seni r, MCIP, RPP er Web Site: www lincoln.ca ú{, generalinquiries@lincoln ca Page 3 of 10

4 1970 TOWN OF LINCOLN Beamsville, ON LOR 1B'l TEL (905) FAX (e05) September 20,2013 Application: PLCON Monika Cocchiara Secretary-Treasurer Town of Lincoln Committee of Adjustment Beamsville ON LOR 181 Dear Mrs. Cocchiara RE: Lori Kristine Tuinstra and Lori Dianne Tuinstra Application for Consent 4245 Academy Street, Lot 183, Corporation Plan No. 3 Hearing Date: June 25,20'13 This application was previously considered by the Committee of Adjustment in June of this year at which time it was deferred at the request of the applicant. Please be advised that Staff's previous comments and recommendations, dated June 21, 2013, should continue to be considered relevant in Committee's consideration of the proposed consent. Please provide notice of the Committee's decision Prepared by Sen our, MCIP, RPP anner web site: www lincoln.ca Ú{]a-tr,,' generalinquiries@lincoln ca Page 4 of 10

5 '1970 June 21,2013 Monika Cocchiara Secretary-Treasurer Town of Lincoln Committee of Adjustment Beamsville ON LOR 181 TOWN OF LINCOLN Beamsville, ON LOR 181 TEL (905) FAX (905) Application: PLCON Dear Mrs. Cocchiara RE: Lori Kristine Tuinstra and Lori Dianne Tuinstra Application for Consent 4245 Academy Street, Lot 183, Corporation Plan No. 3 Hearing Date: June 25,2013 We offer the following comments in regard to the above-noted application: 1. Town of Lincoln Planninq and Development Department Comments The purpose of this application is for consent to convey 2,100 square metres (22,603 square feet) of land (Part 2 on the survey sketch) for future residential use. The retained lands, consisting of 629 square metres (6770 square feet) (Part 1) are intended for continued residential use. According to the Town of Lincoln Official Plan, the lands are located within the Beamsville Urban Area and are designated Residential. The lands are further identified as Existing Residential and Natural Environment in the Beamsville Southeast Neighbourhood Secondary Plan. The Natural Environment designation reflects the location of the watercourse that traverses the property and its associated banks. The lands proposed to be severed are zoned Residential Multiple 3 (RM3) according to Lincoln's Zoning By-law The RM3 Zone permits apartment dwellings, group homes and private home daycares. Part 1 is currently occupied by a duplex, the applicants intend to continue this residential use. ParT2 is proposed to accommodate the construction of a semi-detached dwelling. ln order to facilitate the proposed consent and development, both the severed and retained parcels will need to be rezoned to a suitable Residential2 Zone (R2). ln considering the application, Committee should give specific attention to the Public Works Department's request for acquisition of a stormwater management easement over a watercourse Web Site: rqh generalinquiries@lincoln ca Page 5 of 10

6 June 21,2013 Letter to Secretary-Treasurer, Committee of Adjustment Application: PLCON on the subject lands. The watercourse is the intended outlet for an eventual stormwater management facility required as part of the Badlett Creek Master Drainage Plan. The purpose of the easement is to ensure the long-term protection of and access to the outlet. Regarding the valley, the Niagara Peninsula Conservation Authority will require that lands within 7.5 metres from top of bank remain undeveloped. This matter can be addressed in the consideration of a Zoning By-law Amendment. Planning and Development Staff is of the opinion that the creation of the proposed lot is consistent with the Provincial Policy Statement and conforms to the Regional Policy Plan and the Town's Official Plan. 2. Aqencv Comments The Public Works Department has requested that conditions be imposed regarding the provision of water and sanitary service laterals and the need for an easement for stormwater management. The Niagara Peninsula Conservation Authority has verbally informed that they have no objection provided a minimum setback of 7.5 metres from top of bank is maintained. 3. Public C ments As of the preparation of this letter, the Town had not received any correspondence from the public. 4. Recommendation ln conclusion, Planning and Development Staff is of the opinion that this application meets the purpose and intent of the Provincial policy, Regional Policy Plan and Lincoln Official Plan. Planning and Development Staff recommends that application P1CON BE APPROVED and that the following conditions be imposed: 1. That the applicants sign the Town of Lincoln's standard "Memorandum of Understanding" which explains that the development charges and cash in lieu of parkland are required prior to the issuance of a building permit. 2. Thalthe applicants obtain approval of a Zoning By-law Amendment to rezone both the severed and retained lands to a suitable ResidenlialZone. 3. That the applicants ensure that Parts 1 and 2 are serviced with a 20 mm diameter water service and a 125 mm diameter sanitary sewer lateral in accordance with Town of Lincoln standards. lf existing services are proposed for reconnection, such services shall be inspected by a Town of Lincoln Licensed Water Operator to determine if the services are in a satisfactory condition. Utility lnstallations Permits are required from the Public Works Department prior to construction of any new services. Web Site: St)r-r"', generalinquirìes@l ncoln ca Page 6 of 10

7 June 21,2013 Letter to Secretary-Treasurer, Committee of Adjustment Application: PLCON That the applicants grant a 6.0 metre wide easement (centered on the watercourse) in favour of the Town of Lincoln for stormwater management access over lands. Please provide notice of the Committee's decision P by Cra Sen ur, MctP, RPP ner Web Site: www lincoln ca [HJa-tu,,' generalinquiries@lincoln ca Page 7 of 10

8 The Committee of Adjustment of the Town of Lincoln met for a public meeting on August 27, 2013, at 7:00 p.m. in the Lincoln Chambers. Members Present D. Rintjema J. Kralt R. Foster J. Fisher N. Simon Councillor (Chair) Councillor Councillor Staff Present M. Cocchiara Secretary Treasurer Chair Rintjema called the public meeting to order at approximately 7:00 p.m. Chair Rintjema explained how the meeting would be conducted and the procedure under the Planning Act. DECLARATION OF PECUNIARY INTEREST Chair Rintjema asked if there were any Declarations of Pecuniary lnterest with respect to the applications being heard this evening. There were none declared. PUBLIC MEETINGS (A) CN: Application: PLV4R OWNER: Victoria Saliba ROLL NO : ln attendance and who signed the attendance sheet: Tim Deliman and Victoria Saliba The Secretary-Treasurer provided a description of the purpose of the application The Committee heard from Tim Deliman, agent on behalf of the owner. Mr. Deliman explained that the existing rear deck was built non-conforming to the Town's Zoning By-law and there is a valley in the roof which dumps water and snow on the existing deck. Mr. Deliman explained that the owner wishes to cover the existing deck to divert the water. ln response to a question from John Fisher with regards to enclosing the deck and whether a permit was taken out for the existing deck, Mr. Deliman explained that the proposed deck will be open on three sides and he is unaware if a permit was taken out for the existing deck because it was already there when the current owner purchased the property. ln response to a question from Councillor Foster, Ms. Saliba explained that there is an open field behind her propedy. ln response to a question from John Fisher whether or not the owner would require further variances if they wish to enclose the deck, the Secretary-Treasurer explained that they would not require further variances to enclose the deck. Motion Moved by John Fisher Seconded by Councillor Foster LOCATION OF SUBJECT LAND: The subject lands are located at 3384 Dustan Street, being Lot 4 of Plan 30M-279, Vineland, in the Town of Lincoln. PURPOSE OF APPLICATION : To permit the following variances from the Residenlial2 (R2) Zone Provisions for a proposed covered deck: a To permit a total lot coverage of 42.3o/o, whereas the maximum lot coverage is 40%; and Page 8 of 10

9 Committee of Adjustment Minutes August 27,2013 Page 2 of 3 a To permit a rcar yard setback of 5.9 metres for the proposed covered deck, whereas the required minimum rear yard setback is 7.5 metres. That Application PLVAR2O in the name of Victoria Saliba BE APPROVED for the reasons that the variance is minor in nature, desirable for the appropriate development of the lands and maintains the purpose and intent of the Town's Official Plan and Zoning By-law. DECISION GRANTED CARRIED (B) - Application;815fi2 OWNERS: Court Holdings Ltd. ROLL NO : ln attendance and those who signed the attendance sheet: Daniel Romanko. The Secretary-Treasurer provided a description of the purpose of the application Mr. Romanko of Quaftek Group and agent on behalf of the owner provided a history timeline of this application. Mr. Romanko explained that there are servicing issues with the severance of this property and the concern with capacity. Mr. Romanko explained that the Town and the Region agree to servicing the proposed lot with conditions. Mr. Romanko provided site plan concepts, explained that there have been discussions over the years with adjacent properly owners and that there are many options for these lands. ln response to a question from Councillor Kralt, Mr. Romanko explained that the Public Works Department did not approve of an easement to service from Christie Drive. ln response to a question from Councillor Foster with regards to the future plans to this property, Mr. Romanko explained that there are no plans for development, but that this is an oppoftunity for the owner. ln response to a question from Councillor Foster, the Secretary Treasurer stated that the minimum lot area for the Prestige lndustrial Zone is 3,000 sq. metres or 0.74 acres. ln response to a question from Nancy Simon, Mr. Romanko stated that the site plan concepts may not meet all current zoning requirements. There was a discussion among the Committee on whether to defer the application or approve it conditional upon a site plan agreement. Mr. Romanko explained that there are many options with this property, for example: the property around the bend on Christie Drive to the east is vacant and can be used for parking. Councillor Foster explained that the Urban Design guidelines in this area arc different than those on Ontario Street and questioned the agent on whether they were taken into consideration with the desrgn. John Fisher questioned whether including the site plan agreement condition is appropriate. John Fisher also questioned storm drainage. Mr. Romanko explained that his engineers looked at this and storm drainage will be dealt with further thru a future site plan application. Councillor Foster also questioned the site plan approval condition. ln response to this, Mr. Romanko explained that a site plan is not being considered at this time, but that this application is only to sever. Motion Moved by Nancy Simon Seconded by Councillor Kralt Page 9 of 10

10 Committee of Adjustment Minutes August 27,2013 Page 3 of 3 LOCATION OF THE LAND AND PURPOSE OF THIS APPLICATION: Application is made for consent to sever 8,161 square metres (2 acres) of land, Part 1 on the drawing, being Part of Lot 16, concession 1, Clinton, in the Town of Lincoln. DECISION GRANTED CONDITIONS: That the owner enters into a Development Agreement (including deposit of securities) with the Town to complete the watermain and sanitary sewer servicing works to the satisfaction of the Town of Lincoln Public Works Depaftment. That the applicant provide the Secretary-Treasurer with the deeds in triplicate for conveyance of the subject parcel, or a registrable legal description, of the subject parcel, together with a copy of the deposited reference plan, if applicable, for use in the issuance of the Certificate of Consent. That a final certification fee of $300 payable to the Town of Lincoln, be submitted to the Secreta ry-treasu rer. That all conditions of consent be fulfilled by August 28, REASONS 1 This decision is rendered having regard to the provisions of Section 541(24) of the Planning Act, R.S.O as amended. CARRIED Motion Moved by Nancy Simon Seconded by Councillor Kralt REVIEW OF MINUTES ïhat the Committee of Adjustment Minutes of June 25,2013 be adopted as circulated None. None Motion Moved by John Fisher Seconded by Councillor Foster OTHER CORRESPONDENCE OTHER BUSINESS ADJOURNMENT That the Committee of Adjustment meets again on September 24,2013 CARRIED S EC RETARY-TREAS U RER CHAIR Prepared by: Monika Cocchiara Prepared on: Copies to: -Committee Members -CAO ( ) MC:jt Page 10 of 10