03/19/2019 - MINOR VARIANCES - KENMORE HOMES - NO. 1The City of Niagara Falls, Ontario
Resolution
March 19, 2019
Moved by: Councillor Thomson
Seconded by: Councillor 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 Kenmore Homes 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. 2018-24 that was passed by
Council a year ago; and
WHEREAS Council determined that a minor variance that would permit Kenmore
Homes to vary the lot coverage regulation to accommodate dwellings with roofed -over
one storey porches in the Terravita Subdivision, does not undermine Council's original
intention when it passed By-law No, 2018-24,
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 Kenmore Homes to file an application to the City's
Committee of Adjustment for the development of the Terravita plan of subdivision that is
regulated by By-law No, 2018-24, Carried Unanimously
AND The Seal of the Corporation be hereto affixed.
Z03
WILLIAM G. MATSON JAMES M. DiODATI
ACTING CITY CLERK MAYOR