09-15-2020 - No.7 - Sleek Developments The City of Niagara Falls, Ontario
Resolution
September 15, 2020
No. 7
Moved by: Councillor Victor Pietrangelo
Seconded by: Councillor Chris Dabrowski
WHEREAS the Planning Act, 1990 R.S.O. establishes a 2-year waiting period for minor
variance applications which means minor variance applications are not permitted for two
years following an applicant-initiated site specific rezoning of a property; and
WHEREAS the intent of the 2-year waiting period is to provide greater control to
municipalities, prevent zoning provisions that Council determines to be appropriate from
being reversed or altered through the minor variance process for 2 years, and to increase
stability by affording municipalities the ability to implement site specific zoning by-laws;
and
WHEREAS notwithstanding the 2-year waiting period for minor variances, subsection
45(1.4) of the Planning Act, 1990 R.S.O. provides municipalities the ability to permit
privately-initiated applications for minor variances by passing a resolution; and
WHEREAS Sleek Developments Inc. requested Council to consider passing a resolution
that would permit them to file an application to the City's Committee of Adjustment in
regards to applicant-initiated site specific By-law No. 2019-01 that was passed by Council
in 2019; and
WHEREAS Council determined that a minor variance that would permit Sleek
Developments Inc. to vary the minimum lot area per dwelling unit to permit additional
dwelling units and vary the minimum building setback from a private lane to accommodate
the proposed design of one of the units in their Plan of Vacant Land Condominium, does
not undermine Council's original intention when it passed By-law No. 2019-01.
THEREFORE BE IT RESOLVED that subject to subsection 45(1.4) of the Planning Act,
1990 R.S.O. Council consents to an exemption to the 2-year waiting period for minor
variances and thereby allows Sleek Developments Inc. to file an application to the City's
Committee of Adjustment for the development of the their Plan of Vacant Land
Condominium that is regulated by By-law No. 2019-01.
AND The Seal of the Corporation be hereto affixed.
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WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
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