12/10/2019 - No. 10 - AM-2019-008 The City of Niagara Falls, Ontario
Resolution
December 10, 2019
No. 10
Moved by: Councillor Wayne Thomson
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 Imagine Townhomes GP 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. 2018-95 that was
passed by Council a year and a half ago; and
WHEREAS Council determined that a minor variance that would permit Imagine
Townhomes GP Inc. to vary the minimum lot area per dwelling unit regulation to
accommodate two additional dwelling units in their Plan of Vacant Land Condominium,
does not undermine Council's original intention when it passed By-law No. 2018-95.
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 Imagine Townhomes GP 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. 2018-95.
AND The Seal of the Corporation be hereto affixed.
Carried
(Councillor loannoni absent)
I
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
S:\ZONING\AMS\2018\AM-008\Resolution AM-2018-008.docx