o To permit a reduced lot frontage of 6 metres in the Agricultural (A) Zone, whereas 45 metres is required

Transcription

1 The Committee of Adjustment of the Town of Lincoln met for a public meeting on June 27, 2017, at 7:00 p.m. in the Lincoln Chambers. Members Present: D. Thompson Councillor (Chair) T. Brunet Councillor J. Fisher D. Rintjema Councillor K. Strooband Staff Present: J. Van Rooi M. Gocchiara Ð. Campbell Secretary Treasurer Senior Policy & Development Planner Administrative Assistant chair Thompson called the public meeting to order at approximately 7:00 p.m. Chair Thompson explained how the meeting would be conducted and the procedure under the Planning Act. DECLARATION OF PECUNIARY NTEREST Councillor Brunet declared an interest with regard to Application PLV4R , as a relative was employed in a business related to the subject property. This application was approved at the May 24,2017 Committee of Adjustment meeting. Though Councillor Brunet did not attend the May 24th meeting, the review of the minutes of that meeting were part of this agenda. Councillor Brunet excused himself from the meeting during the review of the May 24th minutes, and did not participate in any discussion or vo[e regaiding the minutes. REVIEW OF CORRESPONDENCE RELATING TO APPLICATIONS The Secretary-Treasurer noted that additional comments from the Region regarding PLcoN were provided to committee members at the meeting. PUBLIC MEETINGS (A) GN: ,Application: PLVAR20IZ0080 OWNER: PRINS GROW lnc. ADDRESS= Fairlane Road ROLL NO: ln attendance and who signed the attendance sheet: none The Committee heard from Ron Vahrmeyer of 3395 Laurie Avenue, on behatf of the owners. ln response to a question from J. Fisher, Mr. Vahrmeyer stated that the new road will be located at the end of the property immediately south and adjacent to the existing dwelling closest to Fairlane Road. ln response to a question from J. Fishel the Secretary-Treasurer stated that an entrance permit is required and will be completed after final approval of a concurrent consent application. Moved by K. Strooþand, Seconded by Councillor Rintjema LOCATION OF SUBJECT LAND: The subject lands are located at 4343 Fairlane Road, being part Lot 11, Concession 1, Rp 30R11928 in the Town of Lincoln. PURPOSE OF APPLICATION: o To permit a reduced lot frontage of 6 metres in the Agricultural (A) Zone, whereas 45 metres is required

2 Committee of Adjustment Minutes Page2ofS -: June This application has P1CON I been submitted to fufill a cond tion of conbent under File No. 3-s That Application PLVAÉ in the name of Prins Gìrow lnrc BE APPROVED for the reasons that the Committee cons idered the written and oral comments and agrees \ vith the minor variance report anarlysis anol recommendation that the var ance is minor in natrrre, desirable for the appropriate development of the lands and maintains the purpose e rnd intent of the Town's Official Plan ând Zoning By-law. CARRIHD (B) GN: , plication: PLCON2O OWNER: ADDRESS: SPRING VINEYARDS LTD. Gave Spring Road 1 0 In attendance and who igned the attendance sheet: Kirlk Hastings The Committee heard from Len Pennachetti, applicant, of 4560 Cave Spring Road. ln response to a questidn from J. Fisher, Mr. Pennachetti explained that Parts 1 and 2 are currentty leased and they would Iike to purchase the land, consolidate all of the agricultural land and convey the house to the current tenants. Moved by J. Fisher, Seconded by Councillo,r Brunet LOCATION OF THE LAND AND PURPOSE OF THIS APPLICATION: Application is made to Sever a 1 acre (0.4 ha) parcel of l rnd with an existing dwelling, being part of Lot 11, Concession 5, in the Town of Lincoln. DEGISION: GRAN TE D GONDITIONS The above decision is subject to the following conditions: 1. That final approval as well as completion of the transaction to stop up, close and convey the unopened murricipal allowance between Lots 1Cl and 11, Concession 5 (Part 3) be completed. 2. Pursuant to n 50(12) of the Planning Act, R.S.O. 1990, it is hereby stipulated that Section 50(3) or 5 (5) shall apply to any subsequent conveyance of, or other transaction involving, the ide subject parcel of land. Thererfore, once the remnant parcel of land (Part 2) has conveyed to the owner of the parcel abutting to the east (parts 3 and 4), the parcel and the said abutting pancel shall merge in title and become one parcel of land A solicitor's written undertaking shall be provided to the Secretary- Treasurer indicati that the necessary steps to imprlement the conveyance will be taken. 3. That the applicant provide the Secretary-Treasurer with the deeds in triplicate for conveyance of the subject parcel, or a registrable legal descniption, of the subject parcel, together with a copy of the deposited reference plan, if applicable, for use in the issuance of the Cêrtificate of Consent. 4. That a final certification fee of $320 payable to the l'own of Lincoln, be submitted to the Secretary-Treasurer. 5. That all conditions of consent be fulfilled by June 28i,2018.

3 Committee of Adjustment Minutes June Page 3 of 5 REASONS 1 The Committee considered allthe wr tten and oral submissions and agrees with the Planning Staff report analys s and recommendation that, subject to the conditions of provisional consent, the application meets Planning Act criteria, is consistent with the Provincial Policy Statement and conforms to, the Niagara Region Official Plan and the Town Official Plan. 2. Consent permits a boundary adjustment and no new lots will be created. 3. This decisíon is rendered having regard to the provisions of Section 51(24) of the Planning Act, R.S.O as amended. (C) GN: T,Application: PLCON OWNER: BILL & RHONDA MERTENS ADDRESS: 4320 John Street ROLL NO: In attendance and who signed the attendance sheet: Mark & Susan Miszturak, Garry Postma, Bill Mertens The Committee heard from Bill Mertens of 4J2O John Street. ln response to a question from Councillor Rintjema, the Planner stated that Part 1 and 2 were Ínadvertently merged into one parcel, which was discovered when the applicant submitted the application for severance. The Planner explained that the approval of this application would resolve a land locked parcel that currently has no road access. ln response to a question from Councillor Rintjema regarding the comments from the Region, the Planner stated that the Region's comments are a strict interpretation of the Policy, whereas Town staff are considering the application as a lot line adjustment. The planner stated that the outcome would result in two lots and an entarged farm parcel, which is more desíreable. ln response to a question from J. Fisher, the Planner explained that because there is no frontage on a municipal road, Part 3 would be considered not a buildable lot. The Committee heard from Gary Postma of 4378Tufford Road. Mr. Postma stated that he is in support of the application. ln response to a questíon from Mr. Postma regarding truck route traffic on Tufford Road, the Chair explained that he should refer his questionl to Town Planning staff, outside of this meeting. ln response to a question from J. Fisher, the Secretary-Treasurer explained that the condition regarding a tertiary septic system has since been removed and the onus of that condition will be on the future owner of the property. ln response to a questíon from J. Fisher, the applicant stated that the plan is to sell part 1. Moved by Councillor Rintjema, Seconded by K. Strooband LOCATION OF THE LAND AND PURPOSE OF THIS APPLICATION: Application is made to sever a 1 acre (0.a ha) parcel of land (Part 1) fronting onto Tufford Road, being part of Lot 11, concession 3, in the Town of Lincoln. DECISION: GRANTED COND TIONS The above decision is subject to the following conditions:

4 Committee of Adjustment Mi June 27,2017 Page 4 of 5 1 That the appl cant provide a signed undertaking (prepared by a lawyer) that commits any new land owner oflthe property shown as Part 1 to c btain approval of á tertiary system and cistern to the $atisfaction of the Niagara Peninsula Conservation Authority and the Region of Niagara iprior to the issuance of a Buildinç Permit. This clause is to be included in âny purl'chase and sale agreement, if required. 2 Pursuant to Seciion 50(12) of the Planning Act, R.S.O. 1990, it is hereby stipulated that Section 50(3) or 5) shall apply to any subsequent conveyance of, or other transaction involving, the id subject parcel of land. Therefore, once the remnant parcel of land (Part 2) has n conveyed to the owner of ther parcel abutting to the south and west (Part3), the nant parcel and the said abutting parcel shall merge in title and become one of land. A solicitor's written undertaking shall be provided to the Secreta ry' indicating that the necessary steps to implement the conveyance will be taken That the applicant jprovioe the Secretary-Tt'easurer lvith the dleeds 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 applic;able, for use in the issuance of the Cdrtificate of Consent. That a final certification fee of $320 payable to the -t'own of Lilncoln, be submitted to the Secretary-Treasurer. 5. That all conditions of consent be fulfilled by June 28,2018. REASONS 1 The Committee considered allthe written and oral submissions and agrees with the Planning Staff r:epört analysis and recommendation that, subject to the conditions of provisional consent, the application meets Flanning Act criteria, is consistent with the' Provincial Policy Statement and conforms to, the Niagara Region Official Plan and the Town Official Plan Consent permits alboundary adjustment and no nevv lots will be created. This decision is rehdered having regard to the provisions of Section 51(24) of the Planning Act, R.S.O as amended. Moved REVIEW OF MINUTEiS by X. Strooband, Seconded Councillor Rintjema That the Committee of Adjustment Minutes of May 24,2(117 BE APPROVED. OTHER CORRESPONDI=NCE OTHER BUSINESSi The Secretary-Treasure rr stated that he, along with N. Sirnon had attended the OACA conference on June 4-i' in Ottawa and felt the conference would t e of benefit to any Committee members that wish to attend in the future. The Secretary-Treasurer provided members time sheets and mileage claims for signatures. The Committee agreed on the recommended sign size of 18" x24" for minor variance/consent signs. The Planner will source vendors for quotes and communicate back to the Committee.

5 Committee of Adjustment Minutes June 27,2Q17 Page 5 of 5 ADJOURNMENT Moved by J. Fisher, Seconded by Councillor Brunet That the Committee of Adjustment meet aga n on July 25,2017. There being no further business to discuss, the Chair adjourned the Committee of Adjustment Meeting at 7:48 p.m RY. RER IR Prepared by: Diane Campbell Prepared on: July 11,2017