05/11/2021 - No. 6 The City of Niagara Falls, Ontario
Resolution
May 11th, 2021
No. 6
Moved by: Councillor Victor Pietrangelo
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 Pivotal Fine Homes Ltd. 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. 2019-122 that was passed by
Council in June 2020; and
WHEREAS Council determined that a minor variance that would permit Pivotal Fine
Homes Ltd. to vary the minimum privacy yard from 7.5 metres to 6.3 metres for 2 units in
Building 3, and 7.0 metres for two units in Building 1, does not undermine Council's
original intention when it passed By-law No. 2019-122.
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 Pivotal Fine Homes Ltd. 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. 2019-122.
AND The Seal of the Corporation be hereto affixed. Carried Unanimously
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
S:\ZONING\AMS\2019\AM-2019-012\Exemption Request\Resolution AM-2019-012.docx