01-14-2020 - No.1 - Am-2017-021 The City of Niagara Falls, Ontario
Resolution
January 14, 2020
No. 1
Moved by: Councillor Mike Strange
Seconded by: Councillor Wayne Campbell
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 800460 Ontario Limited 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. 2018-34 that was passed by
Council almost two years ago; and
WHEREAS Council determined that permitting 800460 Ontario Limited to apply for a
minor variance to vary the maximum projection of a one storey porch into a rear yard
and the minimum privacy yard depth to accommodate the layout of their Plan of Vacant
Land Condominium, does not undermine Council's original intention when it passed By-
law No. 2018-34.
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 800460 Ontario Limited 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. 2018-34.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
(Councillor Carolynn loannoni was absent from the vote)
WILLIAM G. MATSON JAMES M. DIODAT!
CITY CLERK MAYOR