THE CORPORATION OF THE TOWN OF LINCOLN COMMITTEE OF ADJUSTMENT. AGENDA Tuesday September 23, :00 p.m. COUNCIL CHAMBERS

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1 THE CORPORATON OF THE TOWN OF LNCOLN COMMTTEE OF ADJUSTMENT AGENDA Tuesday September 23, :00 p.m. COUNCL CHAMBERS Page 1. DECLARATONS PECUNARY OF NTEREST 2. REVEW OF CORRESPONDENCE RELATNG TO APPLCATONS (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. PUBLC MEETNGS (a) PLCON to PLCON Consent Applications Venne (b) PLVAR Minor Variance Application Jaskiewicz 4. REVEW OF PREVOUS MNUTES (a) Committee of Adjustment Minutes of August 26, OTHER CORRESPONDENCE 6. OTHER BUSNESS 7. ADJOURNMENT (a) The next meeting date is scheduled for October 28, 2014 Page 1 of 17

2 1970 TOWN OF LNCOLN 4800 South Service Road Beamsville ON LOR 181 TEL (90s) FAX: (905) September 8,2014 CN: Applications: PLCON2O lo 0120 NOTCE OF PUBLC MEETNG FOR CONSENT APPLCATONS Date: Time: Location: September 23,2014 7:00 p.m. COUNCL CHAMBERS Municipal Offices 4800 South Service Road Beamsville ON LOR 181 PURPOSE OF APPLCATONS Consent Applicatìons have been submitted by the owner of a property, municipally known as 4465 Llncoln Avenue to sever four vacant parcels of land (Parts 3 to 6 as shown on the attached sketch) each proposed for residential use. Parts 1 & 2 consisting of a single detached dwelling, above ground pool and accessory building are to be retained. HAVE YOUR SAY lnput on the applìcations is welcome and encouraged. You can provide input by speaking at the public meetìng or by making a written submission to the Town. Please note that unless you do one of the above now, you may not be able to appeal the decision later. WRTTEN SUBMSS ON To provide input in writing or to request written notice of the decision of the Town of Lincoln, please send a letter to the Secretary-Treasurer of the Committee of Adjustment. We would appreciate receiving any written comments from the public and agencìes regarding these applications by Thursday September 18,2014. The public may also make comments at the Public Meeting. MORE NFORMATON For further information please contact the Secretary-Treasurer of the Committee of Adjustment during regular office hours Monday to Friday 8:30 a;m. to 4:30 p,m. A copy of the Staff Report will be available to the public on Friday September '19,2014. The staff reportwill be available from the Planning and Development Department. SECTON 53 OF THE PLANNNG ACT LEGAL NOTCE REQUREMENTS lf a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give provisional consent, the Ontario Municipal Board may dismiss the appeal. Monika Cocchìara, Secretary-Treasurer of the Committee of Adjustment Web Site: wvwv.lincoln.ca -fl_ l.)u g-m f info@tincotn.ca Page 2 of 17

3 September 8,2014 Notice of Public Meeting Venne Ann ticalinnc CN: Applications: P1CON to Q120 Page 212 SEVERANCE SKETCH SKÍCH FOR CONSEN ÁPPLCÁTON PART OF LOT 18 CONCESSON 2 (GeogrophÌc ÎO'dNSH]P OF CU fion) TOWN OF LNCOLN REGONAL MUNCPALTY OF NAGARA SCALE 1 : l0 SUBJECT LANCS KEY PLAN ROY S KRKUP, OLS ^ \o ÈÉoñ ry Éry, õpdé or éxú ùi rbtôh [C) lr rhþ r h æd 'iho4.de.ñ tsrbbñ rõñ KRruP & URE SUffiilC LD..l RES.DENT/AL OPEN cp 1F AGRlCULTURAL!_J l -76 L!? >P <Ë z J o (J z J '! ^l upi ìo z ol,è o 3 o ô o G z 9 ù ç?ql el zl >t i s,} 1 FH Stop s9ñ ÑTERLOEKÑC 5.5r PART 3 ÁRÊA 571 sq.m.ì t7 J7 Nô 465 Storry ERCK DWELJNC \/ (ttl\,i 519n \ PART 4 AREA 501 sq.m oecx [- PART 2 AREA sq.m.t PART 5 ARÐq 501 sq.m * rj c.l) i,i ce t Þ n o â!.o(,.1.,)',ï þ.ra Rrs!FF_) Ìi!:O U.!'!-.a!\; Poñ ol MEAooWOOo MEADOWOOD (MUN CTPAL 52+ PART,1 ARF^-1,868 sq.m.+ PART 6 ARÉÀ 501 sq,m.t A24 TR^VÊLj-ÊD ROÆ - 2O.O wide) ^,'l::o U, j RES bent/al LANE b, By-Low LANE :i0 l,,,,,,,,,,:,1...i,'ì : ;, rl!r'i:(r:t1i:rj _\i:ìrr :i.cii sep04 201t: TEGEND UP LP BP c'tb ^/c FH DENOfES U]JTY POLE A/P POLE BEL! PEDESTAL CABLE TV BOX AR CONDMONNG UNTT NRE FìORANT CATCH BASN THS SKFTCH S PREPARED FOR CONSENT APPLCAON ONLY AND S NOT TO BE USED FOR MORÎGAGE OR TRANSACTON PURPOSES DATE : AuGuSr 20, 2014 Mfl'RC OSÎANCES SHOWN ON THS PLAN ARE N MFTRES AND CA\ ÊE CONVERTEO TO FEET BY OVDNG BY O.JO4E JOB No. : S 96 CHURCH STR-EET st. TELEPHONE SURVEY{G oòtta Rto 1.. R-3CS (e0r) 685-t972 owc FLE : l4-050-lldc Web Site: wrwv.lincoln.ca info@lincoln.ca Page 3 of 17

4 1970 September 19,2014 Monika Cocchiara Secretary-Treasurer Town of Lincoln Committee of Adjustment 4800 South Service Road Beamsville ON LOR 181 TOWN OF LNCOLN 4800 South Service Road Beamsville, ON LOR 181 TEL (905) FAX (905) CN: Applications: PLCON to PLCON , inclusive Dear Mrs. Cocchiara RE: Lee Anne Venne and Viateur Venne Applications for Consent 4465 Lincoln Avenue (Beamsville), Lot 18, Concession 2 (Clinton) Hearing Date: September 23,2014 We offer the following comments in regard to the above-noted application: 1. Town of Lincoln Planninq and Development Department Comments The purpose of these applications is to create four (4) building lots (Parts 3 to 6) to accommodate the construction of single detached dwellings. The existing dwelling and accessory structures occupying Parts 1 and 2 are to be retained. The lands are located at the westerly limit of the Beamsville Urban Area. While agricultural lands are nearby, surrounding lands are used primarily for residential purposes. The subject lands are designated Residential according to the Town of Lincoln Official Plan. The subject lands are zoned Residential 1 (R1-15) according to Lincoln's Zoning By-law The R1 Zone permits single detached dwellings, bed and breakfast establishments, group homes, home occupations (accessory to a single detached dwelling and semídetached dwelling) and private home daycares. The R1 Zone requires a minimum lot frontage of 15 meires and minimum area of 475 metres. Special provision R1-15 requires a minimum frontage of 17 metres for a corner lot Planning and Development Staff is of the opinion that the proposed lots are compatible with the surrounding residential neighbourhood and that the applications conform to the Regional Policy Plan and the Town's Official Plan and are consistent with the Provincial Policy Statement. web Sìte: Úta-rr',, ìnfo@tincotn ca Page 4 of 17

5 September 19,2014 CN: Letterto Secretary-Treasurer, Committee of Adjustment Applications: PLCON201401l7 to PLCON Paoe2l3 Re: Lee Anne Venne and ViateurVenne 2. Aqencv Comments The Public Works Department has informed that a comprehensive lot grading and servicing plan encompassing all parts of the subject property is required. The Department requires the owner to provide municipal water and sanitary sewer laterals to the individual lots. As well, the Department requires the issuance of Entrance Permits for the installation of entrances prior to construction. 3. Public Comments As of the preparation of this letter, the Town had not received any written correspondence from the public. 4. Recommendation and Conditions ln conclusion, Planning and Development Staff is of the opinion that this application meets the purpose and intent of Provincial policy, the Regional Policy Plan and the Lincoln Official Plan. Planning and Development Staff recommends that application PLCON To PLCON , inclusive, BE APPROVED subject to the following cond tions: 1 2 J 4 That the applicants submit a comprehensive overall lot grading and servicing plan encompassing Parts 3, 4, 5 and 6 of the subject property and obtain approval from the Town of Lincoln Public Works Department. The plan must show all existing and proposed services to ensure that all lots are serviced with individual water and sanitary services and that the location of these services are contained within their respective lot. That the applicants ensure that all lots are serviced with individual 20 mm water services and 125 mm sanitary sewer laterals ìn accordance with Town of Lincoln standards. lnstallation of all required services will require Utility Permits obtained and approved by the Public Works Deparlment. The provision of all services shall be completed prior to consent and the applicants shall bear all costs associated with these works (design, construction, etc...). That the applicants establish an easement over Part 3 in favour of Part 1 for the accommodation of the existing sanitary sewer lateral servicing 4465 Lincoln Avenue. The easement with maximum width of 3 metres shall be acceptable to the Public Works Department. That the applicants obtain approval of Entrance Permits from the Public Works Deparlment for the installation of entrances for all lots in accordance with Town of Lincoln standards. The installation of all entrances shall be completed prior to consent and the applicants shall bear all costs associated with these works (design, construction,etc.... ). Web Site- www lincoln ca info@lincoln.ca Page 5 of 17

6 September 19,2014 Letter to Secretary-Treasurer, Committee of Adjustment CN: 3-5'02-07 Applications: PLCON20' to PLCON *". a"" Onn" U"nn" "no U,"a"rr'"nn" paqe 3/3 Please provide notice of the Committee's decision. C ur, MctP, RPP nner Web Site: www-lincoln-ca info@lincoln ca Page 6 of 17

7 1970 September 10,2014 TOWN OF LNCOLN 4800 South Service Road Beamsville ON LOR 1B'1 TEL (e05) FAX: (905)s CN: Application: PLVAR2O NOTCE OF PUBLC MEETNG FOR MNOR VARANCE APPL CAT ON Date: Time: Location: September 23,20'14 7:00 p.m. COUNCL CHAMBERS Municipal Offices 4800 South Service Road Beamsville ON LOR 181 LOCATON MAP t PURPOSE OF APPLCATON An application has been submitted by the owner of 2519 Honsberger Avenue requesting approval to permit a 1.'1 metre side yard setback for an addition to an existing agricultural building. The minimum side yard setback requirement for an agricultural building in an Agricultural (A) Zone is 6 metres. SubjecT Lands... '''.".",.: A copy of the applicant's site plan included in this notice. S HAVE YOUR SAY lnput on the appiication is welcome and encouraged. You can provide input by speaking atthe public meeting or by making a written submission to the Town. lf you do not attend the hearing, it may proceed in your absence and, except as othenvise provided in The Planning Act, you will not be entitled to any further notice in the proceedings. WRTTEN SUBMSSON To provide input in writing or to request written notice of the decision of the Town of Lincoln, please send a letter to the Secretary-Treasurer of the Committee of Adjustment. We would appreciate receiving comments from the public and agencies regarding this application by Thursday September 18, MORE NFORMATON For further information please contact the Secretary-Treasurer of the Committee of Adjustment during regular office hours Monday to Friday 8:30 a.m. to 4:30 p.m, A copy of the Staff Report will be available to the public on Friday September 19, 2014 after 4:00 pm. The staff report will be available on the Town's Web Site: (Town Hall, Agendas, Minutes, By-laws/The Town of Lincoln Virtual Library/Agendas/Committee of Adjustment) or from the Planning and Development Deparlment. Monika Cocchiara, Secretary-Treasurer of the Committee of Adjustment Web Site: Ñ=-tu,,' ìnfo@lincoln.ca Page 7 of 17

8 September 10, 2014 Notice of Public tveeting Jaskiewicz lvinor Variance anl.e_q_rìt_na Application: P1V4R Paqe 212 SKETCH \x (- \, { \ u ""t" N ta, (o, (o ê{ \\.'l a.' õ. ""È { rl A qs/ C^ ^l // É)) -'/ ê 4t óè x.ôr*l \ c$o " V; qg. go qv db 4'. "t"- #ik \ qt".ap/j ' 14*tz ^99 x q! x r ) ú) tr) (o lf) = o Ð \e+,.t.1.. ( :sx db qv sá L a-á tì{ " ^ TCP OF b-*1* +Þt É rg q9. &e q' SAhs ^.È ^') 4] CL -.t +' Ë "q9'- PRæOSED toa03 9&r6 94.J9 76) $ s. \e x $ gqr' x þñ 1 1 { 9.62 U tà N8723'30'E {- +r ts) ßJ * x 6zPV;c t gé\- rcic\cdr,,-tl \\.s' ^bq \e "5.ñ' a." a' lc no 99.r DC Cf PA\,tJJT}T '' - - -\ h.ç9', -')- qq ç. R0A0 ò ^' ùx1 a. trl til 'J, f" HONSBERGER AVENUE VARANCE REQUEST - TO PERMT A 1.1 METRE SDE YARD SETBACK FOR AN ADDTON TO AN AGRCULTURAL BULDNG. Web Site: wvw.lincoln.ca info@lincoln.ca Page 8 of 17

9 1970 TOWN OF LNCOLN 4800 South Service Road Beamsville, ON LOR 181 TEL (905) FAX (905) Septembet 19,2014 Monika Cocchiara Secretary-Treasurer Town of Lincoln Committee of Adjustment 4800 South Service Road Beamsville, ON, LOR 181 CN: Application : PLVAR Dear Mrs. Cocchiara RE Application for Minor Variance by John and Joanne Jaskiewicz 2519 Honsberger Avenue Part of Lot 15, Concession 1(Louth) Committee of Adiustment Hearinq Date: September 23,2014 These comments are offered in response to the circulation of the above noted application 1. Town of Lincoln Planninq and Development Department Comments This application for minor variance seeks relief of the interior side yard setback to recognize the location of an addition constructed on the east side of the agricultural building. More specifically, the applicant intends to reduce the required setback to permit 1.1 metre, whereas the Zoning By-law requires 6 metres. The subject lands are designated as Residential in the Town's Official Plan and zoned Agricultural (A) according to Zoning By-law The A Zone permits the use of lands for a variety of agricultural uses and one single detached dwelling. The purpose and intent of the Zoning By-law's requirement for a minimum 6 metre setback is to ensure appropriate spatial separation. The front portion of the subject lands is occupied by a single detached dwelling and an agricultural building while the rear of the lands is farmed by the applicants. The Town issued a Building Permit for the construction of the 34 foot by 72 foot agricultural building. Some time after that, the applicant began the construction of a 16 foot wide addition to the east side of the barn. Recently, Town Staff visited the site and informed the applicants of the necessity of a Building Permit to allow the addition, which in turn led to the submission of this application. Web Site: www,lincoln ca -Mail: info@lincoln,ca Page 9 of 17

10 September 19,2014 Letter to Secretary-Treasurer, Committee of Adjustment Re: John and Joanne Jaskiewicz CN: Application: PLVAR2O Page 212 The applicants have informed that the narrow width of the property, the orientation of the barn and location of a watercourse on the west side limit the opportunity to locate the addition in compliance with the Zoning By-law. The applicants also inform that it is their desire to construct the 16 foot wide addition for the full72 foot length of the existing barn. Planning Staff has viewed the subject lands and is of the opinion that the reduction in setback would not interfere with the normal function of the adjacent farm operation nor the applicants' ability to maintain the structure. Planning Staff is also of the opinion that the construction would not detract from the character of the area. 2. Aqencv Comments As of the preparation of this letter, the following comment has been received: a 3. Town of Lincoln Public Works Depaftment - to this proposal. Public Comments has informed that they have no objection No written comments in support of or opposition to this proposal had been received at the time this correspondence was prepared. 4 Rer:ommendafio n and Condition q Planning Staff are of the opinion that the requested variance meets the general purpose and intent of the Zoning By-law and the Official Plan. ln addition, the requested variance is minor in nature and desirable for the appropriate development of the lands. Based on the above, Planning Staff recommends that Application PLVAR20140'121 BE APPROVED subject to the following condition: 1. That the applicants obtain the necessary Building Permit for the construction of the addition. Please provide notice of the committee's decision Prepared by, C Se n OUT, MCP, RPP lanner web Site: www. lincoln.cauj E- " ' ìnfo@lincoln.ca Page 10 of 17

11 The Committee of Adjustment of the Town of Lincoln met for a public meeting on August 26,2014, at.7.00 p.m. in the Lincoln Chambers. Members Present: D. Rintjema R. Foster J. Kralt N. Simon J. Fisher 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. DECLARATON OF PECUNARY NTEREST Chair Rintjema asked if there were any Declarations of Pecuniary lnterest with respect to the applications being heard this evening. There were none declared. PUBLC MEETNGS (A) CN: Application: PLCON OWNER: lnn on the Twenty Ltd. & Jordan Village Holdings Ltd. RO L L NO : & ln attendance and who signed the attendance sheet: Carlo Gualtieri The Secretary-Treasurer provided a description of the purpose of the application Mr. Gualtieri explained that the application is to re-establish lot lines ln response to a question from Councillor Foster, Mr. Gualtieri stated that the servicing concerns have been resolved and that there is no longer a requirement for that condition. Motion Moved by J. Fisher Seconded by Councillor R. Foster LOCATON OF THE LAND AND PURPOSE OF THS APPLCATON: Application is made for consent to sever and partial discharge of moftgage of 0.11 hectare (0.27 ac) of land, Part 1 on drawing, being part of Lots 2 & 3, Block 1 of Township Plan 3, in the Town of Lincoln. DECSON GRANTED CONDTONS 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 Secretary-Treasu rer. That all conditions of consent be fulfilled by Augusl27,2015. REASONS: The application complies with the requirements of the zoning by-law and conforms to the policies of the Official Plan. Page 11 of 17

12 Commìttee of Adjustment Minutes Auqust Page 2 of 7 This decision is rendered having regard to the provisions of Section 51(24) of the Planning Act, R.S.O as amended. CARRED (B) CN: Application: PLV4R OWNER: Frank Heard ROLL NO: ln attendance and who signed the attendance sheet: Beatrice Tam, Stan Goosen and Darlene Gil-Goosen. The Secretary-Treasurer provided a description of the purpose of the application ln response to a question from Nancy Simon with regards to whether the applicant is planning on putting an addition to the garage, Ms. Tam stated that her client is the former owner of the subject lands and this Minor Variance Application has been applied for as part of the transaction of sale. ln response to a question from John Fisher, Ms. Tam stated that the garage was constructed in The Committee heard from Darlene Gil-Goosen. Ms. Gil-Goosen stated that she has no objection to the Minor Variance Application. Motion Moved by N. Simon Seconded by Councillor J. Kralt LOCATON OF SUBJECT LAND: The subject lands are located at 2491 North Service Road, being part of Lot 14, Broken Front Concession and Parts 5 to 7 of 30R-5480 in the Town of Lincoln. PURPOSE OF APPLCATON : To recognize a 0.97 metre side yard setback for an existing detached garage. The minimum side yard setback requirement for a detached garage in an Estate Residential (ER-1) Zone is 1 metre. That Application P1V4R in the name of Frank Heard 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. DECSON GRANTED (C) CN: Application: PLGON OWNER: Tom & Lillian Lauritzen ROLL NO: CARRED ln attendance and who signed the attendance sheet: Kathryn Cunnison, David DeBenetti and Tom Lauritzen. The Secretary-Treasurer provided a description of the purpose of the application. Mr. DeBenetti stated that the application is for a boundary adjustment and that he will be maintaining the same use of land. ln response to a question from Councillor Kralt, Mr. Lauritzen stated that he does farm the land and that some of it is a vineyard and the rest is leased out. ln response to a question from John Fisher, Mr. DeBenetti stated that the lands are used for crop, such as soy bean and corn. Page 12 of 17

13 Committee of Adjustment lvlinutes Auoust 26,2014 Page 3 of 7 Motion Moved by J. Fisher Seconded by Councillor R. Foster LOCATON OF THE LAND AND PURPOSE OF THS APPLCATON: Application is made for consent to sever 33.4 hectare (82.6 ac) of land, Part 2 on drawing, being part of Lot22, Concession 7, Louth, in the Town of Lincoln. DECSON GRANTED CONDTONS: Pursuant to Section 50(12) of the Planning Act, R.S.O. 1990, it is hereby stipulated that Section 50(3) or 50(5) shall apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land (Part 2) has been conveyed to the owner of the parcel abutting to the north, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps to implement the conveyance will be taken. 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 $SOO payable to the Town of Lincoln, be submitted to the Secretary-Treasurer. That all conditions of consent be fulfilled by August 27,2015. REASONS: The application complies with the requirements of the zoning by-law and conforms to the policies of the Official Plan. Consent permits a boundary adjustment and no new lots will be created. This decision is rendered having regard to the provisions of Section 51(24) of the Planning Act, R.S.O as amended. CARRED (D) CN: Application: PLCON OWNER: Beamsville Portfolio nc. ROLL NO: ln attendance and who signed the attendance sheet: Joseph Guzzi The Secretary-Treasurer provided a description of the purpose of the application Mr. Guzzi stated that the purpose of the application is for a lease for 30 years ln response to a question from Councillor Kralt, Mr. Guzzi stated that a bank usually leases for 10 years to start with 4 extensions of 5 years each. ln response to a question from Councillor Foster, Mr. Guzzi stated that this process is a Planning Act Requirement and that if a lease is over 21 years it has to be done through Consent and it gives the Municipality a chance to review. Motion Moved by N. Simon Seconded by Councillor J. Kralt Page 13 of 17

14 Committee of Adjustment Minutes Auqust 26,2014 Page 4 of 7 LOCATON OF THE LAND AND PURPOSE OF THS APPLCATON Application is made for consent to a lease in excess of 21 years over 0.13 acre (554.5 square metres) of land, shown as Part 2 on the drawing submitted, being part of Lot 17, Concession 1, Clinton, in the Town of Lincoln. DECSON GRANTED CONDTONS: That the applicant provide the Secretary-Treasurer with the registration documents in triplicate for the subject parcel, or a registrable legal description, of the subject parcel, for use in the issuance of the Certificate of Consent. That a final cerlification fee of $300 payable to the Town of Lincoln, be submitted to the Secretary-Treasurer. That all conditions of consent be fulfilled by August 27,2015 REASONS: The application complies with the requirements of the zoning by-law and conforms to the policies of the Official Plan. This decision is rendered having regard to the provisions of Section 51(24) of the Planning Act, R.S.O as amended. CARRED (E) CN: Application: PLCON OWNER: Ontario Ltd. ROLL NO: ln attendance and who signed the attendance sheet: Jen Corbett. The Secretary-Treasurer provided a description of the purpose of the application Ms. Corbett stated that the reason for the application is to sever a residential lot to build on. ln response to a question from John Fisher regarding the other vacant lot to the nofth, Ms. Corbett stated that the vacant lot is also owned by the applicant. ln response to a question from John Fisher, Ms. Corbett stated that there is a road allowance at the end of the agricultural propefty for access to the lands at the back. Ms. Corbett also stated that the owner drives his truck through his own properly to access the agricultural lands at the back. ln response to a question from John Fisher, Ms. Corbett stated that there are no intentions to develop the agricultural lands at the back. Councillor Foster questioned where the access was to the agricultural lands and stated thatthe 6.1 metres cannot be considered a road allowance. Councillor Foster also questioned where the Urban Boundary lies. The Secretary Treasurer explained where the Urban Boundary lies and the existing zoning on the subject lands including the Agricultural lands. ln response to a question from Nancy Simon regarding the Condition to rezone the agricultural lands to agricultural purposes only, Ms. Corbett stated that she is okay with that Condition. Motion Moved by N. Simon Seconded by Councillor J. Kralt Page 14 of 17

15 Committee of Adjustment Minutes August 26,2014 Page 5 of 7 LOCATON OF THE LAND AND PURPOSE OF THS APPLCATON: Application is made for consent to sever 0.11 hectare (0.27 ac) of land, drawing, being part of Lot 18, Concession 4, Louth, in the Town of Lincoln. DECSON GRANTED Part 1 on CONDTONS: That the applicant service Part 1 with a 125 mm sanitary service lateral and 19 m water service to the satisfaction of the Director of Public Works. All servicing shall be installed in accordance with Town of Lincoln standards. The proponent shall obtain utility installation permits from the Town of Lincoln prior to construction. The proponent shall have an entrance installed for Part 1 prior to consent to the satisfaction of the Director of Public Works. The entrance shall conform to Town of Lincoln Standard DPW-303. The proponent shall obtain an entrance work permit from the Town of Lincoln prior to construction. That the applicant obtain approval of a Zoning By-law Amendment to rezone that portion of Part 2 currently zoned Agricultural (A) to Agricultural (A-3) to the satisfaction of the Director of Planning and Development. That the applicant(s) 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. 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 Secretary-Treasurer. That all conditions of consent be fulfilled by August 27,2015 REASONS: This decision is rendered having regard to the provisions of Section 51(24) of the Planning Act, R.S.O as amended. CARRED (F) CN: Application: PLCON OWNER: West Niagara Enterprises ROLL NO: ln attendance and who signed the attendance sheet: none. The Secretary-Treasurer provided a description of the purpose of the application Motion Moved by J. Fisher Seconded by Councillor R. Foster LOCATON OF THE LAND AND PURPOSE OF THS APPLCATON Application is made for consent to sever 0.02 hectare (0.05 ac) of land, Part 1 on drawing, being part of Lot 16, Plan M-12, in the Town of Lincoln. DECSON GRANTED Page 15 of 17

16 Committee of Adjustment Minutes August 26,2014 Page 6 of 7 CONDTONS: That the owner of the abutting parcel to the south (Part 1, 30R-'1 1802) convey a minimum of 1 square foot of land to the satisfaction of the Town of Lincoln, such conveyance being required in order to facilitate the boundary adjustment proposed in this application and that said lands be free and clear of any mortgages, liens or encumbrances. All costs associated with this conveyance are the responsibility of the owner. Pursuant to Section 50(12) of the Planning Act, R.S.O. 1990, it is hereby stipulated that Section 50(3) or 50(5) shall apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land (Part 1) has been conveyed to the owner of the parcel abutting to the south (Part 1on 30R-11802), the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps to implement the conveyance will be taken. 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 Ceftificate of Consent. That a final certification fee of $SOO payable to the Town of Lincoln, be submitted to the Secretary-Treasurer. That all conditions of consent be fulfilled by August 27,2015 REASONS: The appllcation complies with the requirements of the zoning by-law and conforms to the policies of the Oflicial Plan. Consent permits a boundary adjustment and no new lots will be created This decision is rendered having regard to the provisions of Section 51(24) of the Planning Act, R.S.O as amended. REVEW OF MNUTES Motion Moved by N. Simon Seconded by Councillor J. Kralt THAT the Committee of Adjustment Minutes of July 22, 2014 be adopted as circulated. None None OTHER CORRESPONDENCE OTHER BUSNESS ADJOURNMENT Motion Moved by J. Fisher Seconded by Concillor R. Foster That the Committee of Adjustment meet again on September 23,2014 CARRED Page 16 of 17

17 Committee of Adjustment Minutes August 26,2014 PageT of7 SECRETARY-TREASU RER CHAR Prepared by: Monika Cocchiara Prepared on Copies to -Committee Members -CAO ( ) MC:cc Page 17 of 17