MINUTES OF HEARING OF THE CITY OF WELLAND COMMITTEE ...

Re: Minutes of Committee of Adjustment Hearing – October 21, 2015
Page 2
Ken Martin, 32 Wilkes Drive, has noise concern as gentleman is a mechanic, sheet metal and tools heard,
with bigger garage more work, asked if owner should be building a bigger full size repair garage and said that
the garage should be built in an area that is properly zoned.
Roseanna Buonocore, 24 Wilkes Drive, is direct rear neighbour, the place is not well kept as there is junk,
rats, mice, and car; continuous cars are racing in driveway, lots of people and cars coming and going, noise
concern and she questioned why the owner would require a hoist to fix his own car.
The agent showed photos of the property to the Committee and Mrs. Buonocore also showed pictures. The
agent said that the tenant is the owner's son and he is a mechanic, has his own hoist/tools and works on his
own vehicles.
In response to Tayti's question, agent confirmed that garage is strictly for residential use (i.e. no commercial
use).
Zakraysek questioned if Planner obtained information from By-laws Division on noise complaints before
preparing comments and Secretary-Treasurer said generally the Planner would not check with By-laws staff.
She said that By-laws/Traffic was circulated and provided no comments. The Chair asked if there is a time
limit for noise and the Secretary-Treasurer said she believes that noise by-law is applicable for 24 hours.
Zakraysek asked if as a condition an affidavit could be obtained as to the use by the tenant and Secretary-
Treasurer said that a letter is generally requested at building permit stage and a condition applied to minor
variance approval has to always remain satisfied so this type of condition is not recommended.
No further discussions occurred and the Committee rendered and declared its Decision.
Decision
Minor Variance Application File No. A18/2015 – Approved with 3 conditions for the following reasons:
1. Desirable and in compliance with the general intent and purpose of the Official Plan as the
proposed detached accessory building and deck are provided for in the Low Density Residential
designation.
2. Desirable and in compliance with the general intent and purpose of the Zoning By-law as the
proposed detached accessory building and deck are permitted uses within the R1 Zone and
similar structures exist throughout the neighbourhood.
3. Appropriate for the development of the site as the proposed detached garage meets and exceeds
the required minimum setbacks of the zone, is a compatible use, and the lot is sufficient in size to
accommodate the larger sized accessory building.
4. Minor in nature as the proposed variances will not negatively impact the characteristics of the
surrounding neighbourhood.
Conditions:
1. That the existing deck remains uncovered and unenclosed.
2. That the proposed accessory building be limited to 1 story in height with no useable floor
space within the attic area.
3. That the proposed accessory building shall only be used for purposes that are incidental or
secondary to that of the main residential use.
Signed: “Diane Zakraysek"
"Linda Baird"
“Mark Tayti”
CARRIED
All members of the Committee of Adjustment were in favour of the above Decision.