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

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Re: Minutes of Committee of Adjustment Hearing – September 16, 2015 Page 2 Terry Godin, agent, indicated the proposal is for a covered roof over top of the existing deck. In response to the Chair's question, Mrs. Moore indicated that she is in agreement with the requested City conditions. No further discussions occurred and the Committee rendered and declared its Decision. Decision Minor Variance Application File No. A13/2015 – Approved with 2 conditions for the following reasons: 1. Minor in nature as the rear yard setback reduction will not negatively impact the character of the neighbourhood. 2. Appropriate for the development of the site as the proposed rear unenclosed covered deck is compatible with the surrounding residential neighbourhood. Adequate amenity space is still maintained. 3. Desirable and in compliance with the general intent and purpose of the Zoning By-law as the property complies with and will maintain all other By-law provisions and requirements. 4. Desirable and in compliance with the general intent and purpose of the Official Plan as residential additions/decks and accessory uses are provided for in the Low Density Residential designation. Conditions 1. The rear yard setback of 4.8 metres shall be for the rear unenclosed covered deck only. 2. Height of the rear unenclosed covered deck shall not exceed 1 storey with no roof top patio permitted. Signed: “Diane Zakraysek" "Linda Baird" “Mark Tayti” CARRIED All members of the Committee of Adjustment were in favour of the above Decision. APPLICATIONS Consent Application File Nos. B001/2015WELL and B002/2015WELL Minor Variance Application File Nos. A14/2015, A15/2015 and A16/2015 Pasquale Mammoliti 3 Crerar Avenue Presentation The following correspondence was received and read: • Letters from Eugene Golec dated August 29, 2015. • Response from Welland Fire and Emergency Services dated August 31, 2015. • Letters from Welland Hydro Electric System Corp. dated August 31, 2015. • Email from City of Welland Infrastructure Services - Engineering Division dated September 4, 2015. • Letter with attachments and 4 photos from Christa Fraser dated September 10, 2015. • Email dated September 10, 2015 with a letter and attachments dated September 9, 2015 from Pasquale Mammoliti (Senior). • Letter from George Sportel dated September 8, 2015. • Memorandum from City of Welland Integrated Services - Planning Division dated September 11, 2015. • Letter from Joyce Laskey dated September 11, 2015. • Responses from City of Welland Integrated Services - Building Division dated September 9, 2015. • Submission titled "Presentation to the City of Welland Committee of Adjustment" received September 16, 2015. • Letter from Leigh Whyte of PLW Planning and Environmental Consulting dated September 16, 2015.
Re: Minutes of Committee of Adjustment Hearing – September 16, 2015 Page 3 Crystal Mammoliti (98 Montgomery Road) advised that the owner is her son and that he would like her to address the Committee on his behalf. She indicated proposal is to create 2 building lots: one for her son, one for his sister; and retain the existing house as her son's primary house until new house completed. She noted the lots will not meet the By-law, variance applications submitted, proposals are in compliance with the Official Plan, use is permitted in the By-law, houses will meet height, adequate lots, will not impact, past practice of City allowing 18 consents in the area, she is resident of area for 32 years, existing services, no conflict with Smart Growth Provincial Polices, will allow additional tax revenue and will enhance the neighbourhood. Chair Zakraysek advised that she viewed the property on more than one occasion and reviewed most of the agenda before the meeting (as new items were received at the meeting). She noted that the Committee's Procedural By-law does not state a time limit for speakers from the public. The Committee agreed on a 10 minute time limit per speaker from the public. Callum Shedden, lawyer from Daniel & Partners LLP on behalf of Christa Fraser, provided aerial images of the subdivision and excerpts from the Planning Act and from the City's Official Plan (all attached). Brief summary of Mr. Shedden's comments are noted below: • Aerial photo shows consistent large lots and single residences in the subdivision; • Applications will make smaller lots from the large lot, such smaller lots are not consistent to the area and the evidence is not there to support the applications; • The letter from Mr. Leigh Whyte (Planning Consultant) (read aloud previously by the Secretary- Treasurer) indicated that the City's report is sparse, lacks analysis and does not properly focus on the intensification policies in the Official Plan (OP); • The detailed OP intensification policy is to be taken seriously and the Committee must take it into consideration. • Sections 51(24) (c), (d) and (f) of Planning Act (attached, highlighted) are 3 of the criteria to be considered - Committee must be satisfied with conformity with the OP and with the suitability of the proposed lots to support dwellings; • Zoning By-law Amendments to Council are separate and distinct from a Minor Variance Application. A Minor Variance has the mandatory 4 tests, one of the tests being conformity with the OP. • Section 3.4.4.1.C of the OP is Intensification Strategy and the Plan/Schedule does not show this area as an intensification area; • Sections 3.4.4.1.E (i), (ii) and (iii) of the OP indicates that intensification must be appropriate and Low Density Residential lands are not listed in this Section; • Proposals have to meet these policies; • Section 3.4.4.F (iv), (v) and (vi) of the OP indicates design policy for neighbourhoods and references the character of the neighbourhood. The proposals do not meet the neighbourhood character compatibility and these policies; • Section 3.4.4.H of the OP speaks to implementation. This Section is crucial and indicates amendments to the Zoning By-law are to be considered for intensification sites. Therefore, a Zoning By-law Amendment is required and not a Minor Variance. It is clear in the Planning Act legislation what is required and approving the applications is a contravention of the Planning Act legislation and of the OP because the OP requires a Zoning By-law Amendment; and • His submission is that the Applications can not be supported. Christa Fraser (3 Crerar Avenue) advised that she had submitted a letter to the Committee (read aloud previously by the Secretary-Treasurer). She referenced Mr. Mammoliti's letter (read aloud previously by the Secretary-Treasurer) and advised of a correction to his letter. Specifically, she advised that 3 Crerar Avenue and 11 Crerar Avenue were created in the mid 1970s by severance so the subject lot had already been severed and Mr. Mammoliti did not include that information in his submission. She provided an invitation that the Mayor received from the Welland Heritage Committee to recognize this Veteran's Neighbourhood (attached). Ms Fraser advised that the Mayor (who attended on the weekend) talked about this area as being unique, different and that it was created for World War 2 veterans. She stated that the proposal is aggressive and is not minor. She spoke to Mr. Mammoliti's comment in his letter that she notified others in the neighbourhood about the proposal. Ms Fraser said that she notified others because only 10-12 people
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MINUTES OF HEARING OF THE CITY OF WELLAND COMMITTEE ...

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