04-02-2020 - No. 5 - La Pue International The City of Niagara Falls, Ontario
Resolution
April 2, 2020
No. 5
Moved by: Councillor Wayne Thomson
Seconded by: Councillor Lori Lococo
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 La Pue International Inc. (Pawel Fugiel) 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. 2020-06 that was
passed by Council two months ago; and
WHEREAS Council determined that permitting La Pue International Inc. to apply for a
minor variance to vary the building setbacks, does not undermine Council's original
intention when it passed By-law No. 2020-06.
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 La Pue International Inc. to file an application to the City's
Committee of Adjustment for their development that is regulated by By-law No. 2020-06.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
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