10/01/2019 - No. 7 Bruno Galante 2 year waiting period The City of Niagara Falls, Ontario
Resolution
October 1, 2019
No. 7
Moved by: Councillor Chris Dabrowski
Seconded by: Councillor Wayne Thomson
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 Bruno Galante requested Council to consider passing a resolution that
would permit him to file an application to the City's Committee of Adjustment in regards
to applicant-initiated site specific By-law No. 2019-056 that was passed by Council early
this year; and
WHEREAS Council determined that a minor variance that would permit Bruno Galante
to vary the area of land permitted to be developed in the EPA zone and reduce the
interior side yards and privacy yards in the Plan of Vacant Land Condominium, does not
undermine Council's original intention when it passed By-law No. 2019-056.
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 Bruno Galante to file an application to the City's
Committee of Adjustment for the development of the Plan of Vacant Land Condominium
that is regulated by By-law No. 2019-056.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
(Councillor loannoni and Campbell was absent from the vote)
Ammum-
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
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