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05-10-2022 - No. 6The City of Niagara Falls, Ontario Resolution May 10th, 2022 No. 6 Moved by: Councillor Mike Strange 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 Council the ability to permit privately - initiated applications for minor variances by passing a resolution; and WHEREAS Queensway Chippawa Properties Inc. requested Council to consider passing a resolution that would permit the submission of an application to the City's Committee of Adjustment in regards to the applicant -initiated site specific By-law No. 2022-06 that was passed by Council in 2022; and, WHEREAS Council determined that the minor variance application to allow Queensway Chippawa Properties Inc. to request variances to the front yard depth, interior side yard (for street townhouses only) setback, exterior side yard width setback, and maximum lot coverage as it does not undermine Council's original intention when it passed By-law No. 2022-06; 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 Queensway Chippawa Properties Inc. to file an application to the City's Committee of Adjustment for the development of their Plan of Subdivision that is regulated by By-law No. 2022-06. AND The Seal of the Corporation be hereto affixed. Carried (Councillor Loc o opposed) WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONINGWMS\2022\Bylaws\Resolution AM-2018-012.docx