05-10-2022 - No. 6The City of Niagara Falls, Ontario
Resolution
May 10th, 2022
No. 6
Moved by: Councillor Mike Strange
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 Council the ability to permit privately -
initiated applications for minor variances by passing a resolution; and
WHEREAS Queensway Chippawa Properties Inc. requested Council to consider passing
a resolution that would permit the submission of an application to the City's Committee of
Adjustment in regards to the applicant -initiated site specific By-law No. 2022-06 that was
passed by Council in 2022; and,
WHEREAS Council determined that the minor variance application to allow Queensway
Chippawa Properties Inc. to request variances to the front yard depth, interior side yard
(for street townhouses only) setback, exterior side yard width setback, and maximum lot
coverage as it does not undermine Council's original intention when it passed By-law No.
2022-06;
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 Queensway Chippawa Properties Inc. to file an application
to the City's Committee of Adjustment for the development of their Plan of Subdivision
that is regulated by By-law No. 2022-06.
AND The Seal of the Corporation be hereto affixed.
Carried (Councillor Loc o opposed)
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
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