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04/20/2021 - No. 4 The City of Niagara Falls, Ontario Resolution April 20th, 2021 No. 4 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 2670279 Ontario 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. 2020-57 that was passed by Council in June 2020; and WHEREAS Council determined that a minor variance that would permit 2670279 Ontario Inc. to vary the minimum required rear yard and privacy yard for units 12 to 18 and permit outdoor decks to encroach for units 1 to 10 and 19 to 29 in their Plan of Vacant Land Condominium, does not undermine Council's original intention when it passed By-law No. 2020-57. 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 2670279 Ontario 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. 2020-57. AND The Seal of the Corporation be hereto affixed. Carried Unanimously (Councillor Victor Pietrangelo declared a conflict of interest) • WILLIAM G. MATSON AMES M. DIODATI CITY CLERK MAYOR S:\ZONING\AMS\2019\AM-2019-019\Exemption Request\Resolution AM-2019-019.docx