The Lincoln Record

Committee of Adjustment

September 29, 2020

What was decided (11 motions)

11 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

LOCATION OF SUBJECT LAND: The subject lands are located at 4223 William Street, being CP 3 PT Lot 317 PT Lot 316 RP 30R887 Part 1, in the Town of Lincoln. PURPOSE OF APPLICATION: To permit a maximum accessory structure height of 7.9 metres, whereas the maximum height for an accessory structure in the Residential 1 (R1) zone is 6.0 metres. That application PLVAR20200085 in the name of Murray Kropf Committee of Adjustment Minutes Page 2 of 8 September 29, 2020 BE APPROVED for the reasons that the Committee considered the written and oral comments and agrees with the minor variance report analysis and recommendation that the variance is minor in nature, desirable for the appropriate development of the lands and maintains the purpose and intent of the Town’s Official Plan and Zoning By-law. DECISION: GRANTED
Moved by J.M. Dykstra, seconded by J. Hart
Carried
LOCATION OF SUBJECT LAND: The subject lands are located at 4297 East Avenue, Unit 22, being Plan 30M453 Lot 2, in the Town of Lincoln. PURPOSE OF APPLICATION: To permit a reduced front yard setback of 3.6 metres for a garage fronting onto a private street, whereas 3.9 metres is required in the Residential 2 (R2) Zone. That application PLVAR20200090 in the name of Cretaro Homes Ltd. BE APPROVED for the reasons that the Committee considered the written and oral comments and agrees with the minor variance report analysis and recommendation that the variance is minor in nature, desirable for the appropriate development of the lands and maintains the purpose and intent of the Town’s Official Plan and Zoning By-law. DECISION: GRANTED
Moved by J. Hart, seconded by C. Janca
Carried
LOCATION OF THE SUBJECT LAND: The subject lands are located at 3648 Glen Road, being Plan 464 PT LOT 11 CON 5 PT LOT 19, in the Town of Lincoln. PURPOSE OF THIS APPLICATION: To permit the following variances from the Residential 1 (R1) to construct two single- detached dwellings on Parts 2 and 3 on the submitted drawings: • To permit a reduced rear yard setback of 6.0 metres, whereas 7.5 metres is required. • To permit an increased maximum deck encroachment into the rear yard setback of 3.0 metres whereas 2.0 metres is required. • To permit an increased maximum lot coverage of 50 percent, whereas 40 percent is required. The subject lands are subject to a concurrent Consent Application under File Number PLCON20200021-0024. DECISION: REFUSED REASONS: 1. The Committee considered the written and oral comments and did not agree that the variance is minor in nature, desirable for the appropriate development of the lands and maintains the purpose and intent of the Town’s Official Plan and Zoning By-law.
Moved by J. Hart, seconded by J.M. Dykstra
Carried
LOCATION OF THE SUBJECT LAND: The subject lands are located at 3648 Glen Road, being Plan 464 PT LOT 11 CON 5 PT LOT 19, in the Town of Lincoln. PURPOSE OF THIS APPLICATION: Committee of Adjustment Minutes Page 5 of 8 September 29, 2020 To permit the following variances from the Residential 1 (R1) to construct two single- detached dwellings on Parts 2 and 3 on the submitted drawings: • To permit a reduced rear yard setback of 6.0 metres, whereas 7.5 metres is required. • To permit an increased maximum deck encroachment into the rear yard setback of 3.0 metres whereas 2.0 metres is required. • To permit an increased maximum lot coverage of 50 percent, whereas 40 percent is required. The subject lands are subject to a concurrent Consent Application under File Number PLCON20200021. DECISION: REFUSED REASONS: 1. The Committee considered the written and oral comments and did not agree that the variance is minor in nature, desirable for the appropriate development of the lands and maintains the purpose and intent of the Town’s Official Plan and Zoning By-law.
Moved by J. Hart, seconded by J.M. Dykstra
Carried
LOCATION OF THE SUBJECT LAND: The subject lands are located at 3648 Glen Road, being Plan 464 PT LOT 11 CON 5 PT LOT 19, in the Town of Lincoln. PURPOSE OF THIS APPLICATION: To permit the following variances from the Residential 1 (R1) to construct a single-detached dwelling on Parts 4 and 6 on the submitted drawings: • To permit a reduced rear yard setback of 6.0 metres, whereas 7.5 metres is required. • To permit an increased maximum lot coverage of 50 percent, whereas 40 percent is required. • To permit an increased maximum deck encroachment into the rear yard setback of 3.0 metres whereas 2.0 metres is required. • To permit a reduced minimum lot area of 465 square metres, whereas 475 square metres is required. The subject lands are subject to concurrent Consent Applications under File Numbers PLCON20200022 and PLCON20200023. DECISION: REFUSED REASONS: 1. The Committee considered the written and oral comments and did not agree that the variance is minor in nature, desirable for the appropriate development of the lands and maintains the purpose and intent of the Town’s Official Plan and Zoning By-law.
Moved by J. Hart, seconded by J.M. Dykstra
Carried
LOCATION OF THE LAND AND PURPOSE OF THIS APPLICATION: Application is made for consent to sever 843 square metres of land, shown as Part 1 on the drawing submitted, being part of Lot 11, Plan No. 464 and part of Lot 19, Concession 5, Louth, in the Town of Lincoln. The lands are also subject to concurrent Minor Variance Applications under File Numbers: PLVAR20200018-0020. DECISION: REFUSED REASONS: 1. The Committee considered the written submissions and the applicant’s oral evidence. The Committee disagrees with the Planning Staff report analysis and recommendation and finds that the application does not meet Planning Act criteria, is not consistent with the Provincial Policy Statement and does not comply with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan.
Moved by J. Hart, seconded by J.M. Dykstra
Carried
LOCATION OF THE LAND AND PURPOSE OF THIS APPLICATION: Application is made for consent to sever 507 square metres of land, shown as Part 3 on the drawing submitted, being Part of Lot 11, Plan No. 464 and Part of Lot 19, Concession 5, Louth in the Town of Lincoln. The lands are also subject to concurrent Minor Variance Applications under File Numbers: PLVAR20200018-0020. DECISION: REFUSED REASONS: 1. The Committee considered the written submissions and the applicant’s oral evidence. The Committee disagrees with the Planning Staff report analysis and recommendation and finds that the application does not meet Planning Act criteria, is not consistent with the Provincial Policy Statement and does not comply with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan.
Moved by J. Hart, seconded by J.M. Dykstra
Carried
LOCATION OF THE LAND AND PURPOSE OF THIS APPLICATION: Application is made for consent to sever 380 square metres of land shown as Part 6 on the drawing submitted, being Part of Lot 19, Concession 5, Louth in the Town of Lincoln. The lands are also subject to concurrent Minor Variance Applications under File Numbers: PLVAR20200018-0020. DECISION: REFUSED REASONS: 1. The Committee considered the written submissions and the applicant’s oral evidence. The Committee disagrees with the Planning Staff report analysis and recommendation and finds that the application does not meet Planning Act criteria, is not consistent with the Provincial Policy Statement and does not comply with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan.
Moved by J. Hart, seconded by J.M. Dykstra
Carried
LOCATION OF THE LAND AND PURPOSE OF THIS APPLICATION: Application is made for consent to sever 90 square metres of land, shown as Part 4 on the drawing submitted, being part of Lot 11, Plan No. 464 and part of Lot 19, Concession 5, Louth, in the Town of Lincoln. The lands are also subject to concurrent Minor Variance Applications under File Numbers: PLVAR20200018-0020. DECISION: REFUSED REASONS: 1. The Committee considered the written submissions and the applicant’s oral evidence. The Committee disagrees with the Planning Staff report analysis and recommendation and finds that the application does not meet Planning Act criteria, is not consistent with the Provincial Policy Statement and does not comply with the Growth Plan, the Niagara Region Official Plan and the Town Official Plan.
Moved by J. Hart, seconded by J.M. Dykstra
Carried
That the Committee of Adjustment Minutes of August 25, 2020 BE APPROVED.
Moved by C. Janca, seconded by J.M. Dykstra
Carried
That the Committee of Adjustment meet again on October 27, 2020.
Moved by J.M. Dykstra, seconded by J. Hart
Carried

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