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09-12-2023 - No.12The City of Niagara Falls, Ontario Resolution No.12 Moved by: Councillor Victor Pietrangelo Seconded by: Councillor Tony Baldinelli September 12, 2023 WHEREAS subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of the public meeting to be given to prescribed persons and public bodies, in the prescribed manner, and accompanied by the prescribed information; and WHEREAS notice was given to the prescribed persons and public bodies, in the prescribed manner on May 19th, 2023, for Council to hold a public meeting to consider an Official Plan and Zoning By-law application by 2683421 Ontario Limited for lands known as 7449 Montrose Road, legally known as Part of Part 1 and Part 2 59R-13666; and WHEREAS since that time it was identified the exterior side yard depth to Montrose Road is 10.9 metres, with a 1.5 metre projection of balconies and canopies as shown on the site plan presented to Council at the June 20th meeting, but was not requested as part of the application; and WHEREAS no changes are requested to the proposed by-law other than reducing the exterior side yard depth to Montrose Road to 10.9 metres and allowing for a 1.5 metre projection of balconies and canopies into the required exterior side yard depth from Montrose Road for the proposed site specific R51F zone; and WHEREAS Council held a public meeting on June 20, 2023 to consider a Zoning By-law amendment application by 2683421 Ontario Ltd. — Gabe Cicconi ("the applicant") for lands known as 7449 Montrose Road ("applicant's other lands"); and WHEREAS notwithstanding the requirement for the written notice of a public meeting, subsection 34(17) of the Planning Act, 1990 R.S.O allows a municipality to deem such requested changes minor and determine that no further notice is required to be given and by passing a resolution; and WHEREAS the applicant requests Council consider passing a resolution that would deem the giving of further notice is final and that no further notice is required to be given; and WHEREAS Council determined that the proposed change to the by-law to include the amended exterior side yard depth to Montrose Road and the projection of balconies and canopies into the exterior side yard from Montrose Road for the proposed site specific R5F zone is minor and does not require further notice to be given. THEREFORE BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the change in the zoning by-law minor and exempts the requirement for further written notice. AND The Seal of the Corporation be hereto affixed. Carried Unanimously /u. .. ..................................................... ..... ................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR