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10-27-2020 - No. 8 - Mountainview Homes The City of Niagara Falls, Ontario Resolution October 27th, 2020 No. 8 Moved by: Councillor Vince Kerrio Seconded by: Councillor Mike Strange 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 Mountainview Homes 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. 2019-003 that was passed by Council in 2019; and WHEREAS Council determined that a minor variance that would permit Mountainview Homes to vary the maximum driveway widths and reduce the minimum required lot frontage for units in their Plan of Vacant Land Condominium, does not undermine Council's original intention when it passed By-law No. 2019-003. 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 Mountainview Homes 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. 2019-003. AND The Seal of the Corporation be hereto affixed. Carried Unanimously • WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONINGAMS\2018\AM-005\Two-Year Exemption Resolution\Resolution AM-2018-005.docx