05/09/2017 The City of Niagara Falls, Ontario
Resolution
May 9, 2017
Moved by Councillor Morocco
Seconded by Councillor Strange
WHEREAS all meetings of Council are to be open to the public; and
WHEREAS the only time a meeting or part of a meeting may be closed to the public is if
the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act,
2001.
WHEREAS on May 9, 2017 Niagara Falls City Council will be holding a Closed Meeting
as permitted under s. 239(2)(b) and s. 239(2)(e) of the Act, for matters that pertain to
personal matters and for litigation or potential litigation; and
THEREFORE BE IT RESOLVED THAT on May 9, 2017, Niagara Falls Council will go
into a closed meeting, forthwith, to consider a matter that falls under the subject matter
of s. 239(c), a proposed or pending acquisition of land, and s. 239(f), advice that is
subject to solicitor-client privilege, related to properties at the intersection of Montrose
Road and Biggar Road as well as City owned lands known as Montrose Business Park,
and that Council will consider matters that fall under s. 239(2)(b) personal matters and
matters that identify individuals.
Carried Unanimously
AND The Seal of the Corporation be hereto affixed.
BILL MATSON JAMES M. DIODATI
ACTING CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Resolution
May 9, 2017
Moved by: Councillor Strange
Seconded by: Councillor Morocco
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 Mountainview Homes Niagara 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. 2016-112 that was passed by Council half
a year ago; and
WHEREAS Council determined that a minor variance that would permit Mountainview Homes
Niagara Ltd. to vary the density to accommodate an additional dwelling unit in the proposed
Oldfield Estates Phase 4, vacant land condominium, does not undermine Council's original
intention when it passed By-law No. 2016-112.
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 Mountainview Homes Niagara Ltd. to file an application to the City's Committee
of Adjustment for the development of the Oldfield Estates Phase 4, vacant land condominium
that is regulated by By-law No, 2016-112.
Carried Unanimously
AND The Seal of the Corporation be hereto affixed.
BILL MATSON JAMES M. DIODATI
ACTING CITY CLERK MAYOR