10-24-2023 - No. 14The City of Niagara Falls, Ontario
Resolution
October 24, 2023
No. 14
Moved by: Councillor Victor Pietrangelo
Seconded by: Councillor Ruth -Ann Nieuwesteeg
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 Council held a public meeting on June 20, 2023, to consider an Official Plan and Zoning By-
law amendment application by LivWell Development Group Inc. ("the applicant") to develop a 5 storey
apartment dwelling building on lands on the north side of McLeod Road and west of Sharon Avenue known
as 7081 McLeod Road; and
WHEREAS Council passed By-law No. 2023-077 under Section 34 of the Planning Act to facilitate the
proposed development; and
WHEREAS declaration of no appeal of By-law No. 2023-077 was given on September 13, 2023; and
WHEREAS since that time it was recognized that a number of minor changes were required, specifically
the minimum exterior side yard, the minimum interior side yard width to the furthest northern lot line, clarified
the minimum width of a landscaped open space strip between parking spaces and the front lot line to not
require a decorative wall or decorative fence, clarified the projection of a balcony into a required side yard,
and repeal By-law No. 2023-077; 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 changes to the by-law are minor and do 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 changes to the zoning by-law minor and exempts the requirement for further written
notice.
AND The Seal of the Corporation be hereto affixed.
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WILLIAM G. MATSON, CITY CLERK
Carried Unanimously
(Councillor Campbell was absent)
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J ES M. DIODATI, MAYOR