05/14/2019 - MINOR VARIANCES - SILVERGATE HOMES - NO. 3The City of Niagara Falls, Ontario
Resolution
May 14, 2019
No. 3
Moved by: Councillor Campbell
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 Silver ate
Homes Limited 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. 2018-110 that was
passed by Council in 2018; and
WHEREAS Council determined that a minor variance that would permit Silvergate
Homes Limited to vary the lot coverage regulation to accommodate dwellings with
roofed -over one storey porches in the Legends Phase 1 and Phase 2 Plans of
Condominium, does not undermine Council's original intention when it passed By-law
No. 2018-110.
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 Silvergate Homes Limited to file an application to the
City's Committee of Adjustment for the development of the Legends Phase 1 and Phase
2 Plans of Condominium that is regulated by By-law No. 2018-110.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON
CITY CLERK
Carried Unanimously.
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