09-12-2023 - No.12The City of Niagara Falls, Ontario
Resolution
No.12
Moved by: Councillor Victor Pietrangelo
Seconded by: Councillor Tony Baldinelli
September 12, 2023
WHEREAS subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of
the public meeting to be given to prescribed persons and public bodies, in the prescribed
manner, and accompanied by the prescribed information; and
WHEREAS notice was given to the prescribed persons and public bodies, in the
prescribed manner on May 19th, 2023, for Council to hold a public meeting to consider an
Official Plan and Zoning By-law application by 2683421 Ontario Limited for lands known
as 7449 Montrose Road, legally known as Part of Part 1 and Part 2 59R-13666; and
WHEREAS since that time it was identified the exterior side yard depth to Montrose Road
is 10.9 metres, with a 1.5 metre projection of balconies and canopies as shown on the
site plan presented to Council at the June 20th meeting, but was not requested as part of
the application; and
WHEREAS no changes are requested to the proposed by-law other than reducing the
exterior side yard depth to Montrose Road to 10.9 metres and allowing for a 1.5 metre
projection of balconies and canopies into the required exterior side yard depth from
Montrose Road for the proposed site specific R51F zone; and
WHEREAS Council held a public meeting on June 20, 2023 to consider a Zoning By-law
amendment application by 2683421 Ontario Ltd. — Gabe Cicconi ("the applicant") for
lands known as 7449 Montrose Road ("applicant's other lands"); and
WHEREAS notwithstanding the requirement for the written notice of a public meeting,
subsection 34(17) of the Planning Act, 1990 R.S.O allows a municipality to deem such
requested changes minor and determine that no further notice is required to be given and
by passing a resolution; and
WHEREAS the applicant requests Council consider passing a resolution that would deem
the giving of further notice is final and that no further notice is required to be given; and
WHEREAS Council determined that the proposed change to the by-law to include the
amended exterior side yard depth to Montrose Road and the projection of balconies and
canopies into the exterior side yard from Montrose Road for the proposed site specific
R5F zone is minor and does not require further notice to be given.
THEREFORE BE IT RESOLVED that subject to subsection 34(17) of the Planning Act,
1990 R.S.O Council deems the change in the zoning by-law minor and exempts the
requirement for further written notice.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
/u.
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WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR