10/22/2019 - No.8 Tom Vattovaz The City of Niagara Falls, Ontario
Resolution
October 22, 2019
No. 8
Moved by: Councillor Wayne Thomson
Seconded by: Councillor Vince Kerrio
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 Tom Vattovaz 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. 2018-98 that was passed by Council in
August of 2018; and
WHEREAS Council determined that a minor variance that would permit Tom Vattovaz
to vary the regulations for a minimum interior side yard width on the west side and a
minimum landscape open space strip along the front lot line, does not undermine
Council's original intention when it passed By-law No. 2018-98.
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 Tom Vattovaz to file an application to the City's
Committee of Adjustment for the development of a 6 unit apartment building that is
regulated by By-law No. 2018-98.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
S.\ZONING\AMS\2018\AM-010\Resolution AM-2018-010.docx