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01-14-2020 - No.1 - Am-2017-021 The City of Niagara Falls, Ontario Resolution January 14, 2020 No. 1 Moved by: Councillor Mike Strange Seconded by: Councillor Wayne Campbell 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 800460 Ontario 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. 2018-34 that was passed by Council almost two years ago; and WHEREAS Council determined that permitting 800460 Ontario Limited to apply for a minor variance to vary the maximum projection of a one storey porch into a rear yard and the minimum privacy yard depth to accommodate the layout of their Plan of Vacant Land Condominium, does not undermine Council's original intention when it passed By- law No. 2018-34. 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 800460 Ontario Limited to file an application to the City's Committee of Adjustment for the development of the their Plan of Vacant Land Condominium that is regulated by By-law No. 2018-34. AND The Seal of the Corporation be hereto affixed. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote) WILLIAM G. MATSON JAMES M. DIODAT! CITY CLERK MAYOR