The Committee of Adjustment of the Town of Lincoln met for a public meeting on March 28, 2017, at 7:00 p.m. in the Lincoln Chambers. Members Present Staff Present L. Timmers J. Fisher D. Rintjema K. Strooband D. Thompson M. Cocchiara J. Van Rooi D. Campbell Councillor (Chair) Councillor Councillor P la n ner/secretary Treasu rer Planning Technician Adm in istrative Assista nt Chair Timmers called the public meeting to order at approximately 7:00 p.m. Chair Timmers explained how the meeting would be conducted and the procedure under the Planning Act. DECLARATION OF PECUNIARY INTEREST Councillor Rintjema and Kevin Strooband excused themselves from the meeting for Minor Variance Application PLVAR201601 26 as they were not a part of the initial discussions at the previous public meeting. Councillor Rintjema and Kevin Strooband did not participate in deliberations or provide any advice regarding the application. PUBLIC MEETINGS (A) CN: 3-5-02-0S,Application: PLVAR20160126 OWNER: MAURA ROWAT ROLL NO: 2622-040-011-01400 ln attendance and who signed the attendance sheet: none The Secretary-Treasurer provided a description of the purpose of the application. The Committee heard from Maura Rowat of 3693 Ninth Street. Ms. Rowat stated the application was deferred at a previous Committee meeting due to issues with slope stability. Ms. Rowat stated that the issues have since been addressed and have now met the requirements of the NPCA condition. Moved by J. Fisher, Seconded by Councillor Thompson LOCATION OF SUBJECT LAND: The subject lands are located at 3693 Ninth Street, being part of Lots 7 & 8, Concession 5, Louth, in the Town of Lincoln. PURPOSE OF APPLICATION: To permit a front yard setback of 8.5 metres for the construction of a single detached dwelling, whereas 15 metres is required in the Agricultural (A) Zone. That Application PLVAR2O160126 in the name of Maura Rowat BE APPROVED for the reasons that the Committee considered the written and oral comments and agrees with the minor variance report analysis and recommendation 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. condrtron(s): 1. That the applicant obtain a Work Permit from the Niagara Peninsula Conservation Authority prior to the issuance of a Building Permit.
Committee of Adjustment Min March 28 2017 Page 2 of 5 (B) GN: 3-5-02-07, plication : PLCON20 17 0027 OWNER: LOR DIANNE TUINSTRA & JOHAN KENNETH TUINSTRA ROLL NO: 2-030-014-00710 ln attendance and who signed the attendance sheet: none The Secretary-Treasu rçr provided a description of the purpose of the application Councillor Rintjema req uested further clarification on the nature of the application to which the Secretary-Treasurer -explained that the lot was originally severed to construct a semito provide separate ownership for each unit and their associated detached, now in order lands, a further consenl application is required. The committee heard from Ken Tuinstra. Mr. Tuinstra added that the building was required to be constructed first so that a definitive boundary line could be drawn. ln response to a questi< n from John Fisher, the owner stated that final grading is complete and has been submitteri to the Town. The Secretary-Treasurer stated that the final grading has been received by P ublic Works but has not yet been approved. Moved by Councillor Rintjema, Seconded by Kevin Strooband LOCATION OF TIHE L rnd AND PURPOSE OF THIS APPLICATION: Application is made to rsever 1,051 square metres of land, Parl2 on drawing, being part Lot 183, Corporation Plan l.,lo. 3, in the Town of Lincoln. DECISION: G ED CONDITIONS The above decision is bject to the following conditions 1. That the applicant o in approval for Final Grading of the lands to the satisfaction of the Public Works Depa ent 2. That the applicant p the Secretary-Treasurer with the deeds in triplicate for conveyance of the bject parcel, or a registrable legal description, of the subject parcel, together with a co of the deposited reference plan, if applicable, for use in the issuance of the Certificate of sent. 3. That a final certifica Secretary-Treasure fee of $goo payable to the Town of Lincoln, be submitted to the 4. That all conditions consent be fulfilled by March 29,2018 REASONS 1. The Committee idered all the written and oral submissions and agrees with the Planning Staff report analysis nd recommendation that, subjecllto the conditions of provisional consent, the appl meets Planning Act criteria, is consistent with the Provincial Policy Statement and co rms to the Niagara Region Official Plan and the Town Official Plan 2. This decision is rend red having regard to the provisions of Section 51(24) of the Planning Act, R.S.O. 1990 as mended (c) CN: 3-5-02-08, plication: PLVAR2O170030 OWNER: ROLL NO: SAL & DAVID FARRINGTON -020-025-03200
Committee of Adjustment Minutes Page 3 of 5 ln attendance and who signed the attendance sheet: Wilma Lounsbury, Rick Borger, Dave Farrington, Sally Farrington The Secretary-Treasurer provided a description of the purpose of the application The Committee heard from David and Sally Farrington o'f 4135 Hixon Street. Mr. Farrington stated that they have lived in house since 1990. ln response to a question from Councillor Thompson, the applicant stated that in order to incorporate a storage loft above, extra height is needed to allow for the steps. The applicant stated he also wanted to keep the gable roof similar to the 1900's house. ln response to a question from Councillor Rintjema, the applicant stated the garage would be used mostly for storage upstairs and parking/restoration of old cars on the main floor. ln response to a question from John Fisher regarding the issues with drainage, the applicant stated that eavestrough would be used to channel water to the storage drains. The Committee heard from Rick Borger of 4138 Edward Street, Mr, Borger stated concern with drainage to the street. Mr. Borger also felt that the height of the structure was dramatic for the surrounding area and is concerned that the space will be used for repairing trucks in future. Chair Timmers stated that drainage issues would be addressed in the conditions The Secretary-Treasurer added that at permit stage drainage would be reviewed and Staff will ensure all drainage issues are met. The committee heard from Wilma Lounsbury of 4137 Hixon Street. Ms. Lounsbury stated her concern with drainage and building height. Ms. Lounsbury stated concern with the slope between the properties and that any disruption of the existing railway ties could cause grading issues. The Secretary-Treasurer stated that the applicant cannot alter any neighboring properties or further exacerbate an existing drainage issue and that staff would inspect to ensure compliance. The applicant stated that the fence is currently a couple of feet from the property line. ln the build they are proposing a concrete wall around garage and then the fence will be moved to property line. The applicant stated that the grade tapers to back of property and that currently there are railway ties between the properties. The applicant stated that the ties will come out however he expects that the grade at the back of the property will be level. ln response to a question from John Fisher, the applicant stated that the garage will be 8-10 feet lower than the peak of the house. The applicant then provided drawings for committee members to review ln regards to drainage, the applicant stated that they would seek advice from Public Works ln response to a question from Kevin Strooband, the Secretary-Treasurer stated that the drainage comments would be conveyed to Public Works staff for review. The Planning Technician stated that a site alteration permit may be required if significant grading occurs. ln response to a question from Councillor Thompson, the Secretary-Treasurer stated that a grading plan is not typically a condition for a minor variance application. Chair Timmers recommend that a condition be added that grading be assessed by Town Staff to ensure proper drainage.
Committee of Adjustment Min Page 4 of 5 Motfron Moved by Councillor Rintjema, Seconded by Kevin Strooband LOCATION OF SUBJ part Lot 191, Cor PURPOSE OF APPLI To permit the following for the construction of CT LAND: The subject lands are located at 4135 Hixon Street, being n Plan No. 3, in the Town of Lincoln ON: riances from the Accessory Uses, Buildings and Structures Provisions detached garage. To permit a 0.86 m setback is 1 metre; northerly side yard setback, whereas the required minimum side yard. To permit a height of 7.69 metres, whereas the requirerd maximum height is 6 metres; and. To permit a lot cove ol 14.7o/o, whereas the required maximum lot coverage is 10% That Application PLV 0'170030 in the name of Sally Farrington and David Farrington BE APPROVED for th reasons that the Committee considered the written and oral comrnents and agrees with the m nor variance report analysis and recommendation that the variance is minor in nature, des e for the appropriate development of the lands and maintains the purpose and intent of Town's Official Plan and Zoning By-law. condrtron(s): 1. Downspouts and/or frontage and outlet sump pumps may mp pumps for the detached garage are required to be directed to the to Hixon Street to the satisfaction of Town Staff. Downspouts and/or be directed to the rear 2. That grading be as by Town Staff to ensure proper drainage (D) CN: 3-5-02-08, OWNER: JAM ROLL NO: plication : PLVAR2O'1 70035 & MARY WARNER / ROSIE & JAMES P. WARNER 1o-oo2-1770O ln attendance and who signed the attendance sheet: none The Secretary-Treasu r provided a description of the purpose of the application The Committee heard intends to remove the closer to the road" friom Jamie Warner of 48'î7 Lincoln Avenue. Mr. Warner stated that he e isting front room and extend the footprint by I feet, which will bring it ln response to a quest the condition regarding from Concillor Rintjema, the applicant stated that he was aware of e septic inspection. Motfion Moved by Councillor Thompson, Seconded by J. Fisher LOCATION OF SUBJ being part of Lot 18, PURPOSE OF APPLI To permit a front yard s single detached dwellin That Application PLV Warner. CT LAND: The subject lands ilre located at 4817 Lincoln Avenue, sion Broken Front, in the Town of Lincoln. ton: back of 2.7 metres for the construction of an addition to an existing 0170035 in the name of James & Mary Warner / Rosie & James F) BE APPROVED for the reasons that the Committee considered the written and oral comments and agrees with the mir or variance report analysis and recommendation that the variance is minor in nature, desirab le for the appropriate development of the lands and maintains the purpose and intent of the Town's Official Plan and Zoning By-law.
Committee of Adjustment Minutes Page 5 of 5 condrïon(s): 1. That the proponent have the septic system (tank and header line of the tile bed) exposed for private sewage system inspection to confirm that the proposed addition will meet the setback requirements of the Building Code. REVIEW OF MINUTES Moved by Councillor Rintjema, Seconded by Kevin Strooband That the Committee of Adjustment Minutes of February 28,2017 None OTHER CORRESPONDENCE OTHER BUSINESS The Committee discussed the OACA conference. John Fisher, James Van Rooi and Nancy Simon to register. ln response to a question from Councillor Rintjema, the Secretary-Treasurer stated that once the existing minor variance/consent signs are used up, larger signs will be ordered. lt was decided that the new signs be sized between the minor variance signs and the consent signs ADJOURNMENT Moved by J. Fisher, Seconded by D. Thompson That the Committee of Adjustment meet again on April 25, 2017 There being no further business to discuss, the Chair adjourned the Committee of Adjustment Meeting at 8:10 p.m. N4. C",uUü o \u SECRETARY-TREASURER CHAIR Prepared by: Diane Campbell Prepared on: April 21,2017