City of Port Colborne

Committee of Adjustment Meeting Minutes

Meeting #:

Date:

Wednesday, June 12, 2024

Time:

6:00 P.m. - 9:00 P.m.

Location:

Committee Room 3-City Hall

66 Charlotte Street, Port Colborne, Ontario, L3K 3C8

Members Present:

• E. Beauregard, Councillor
• D. Elliott, Councillor
• G. Bruno, Councillor
• A. Desmarais
• D. O'Hara

Staff Present:

• T. Taraba
• Tyler Christian

Others Present:

• Denise Landry, Chief Planner

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1.

Call to Order

The Chair called the meeting to order. 

2.

Reading of Meeting Protocol

The Chair read the Meeting Protocol.

3.

Disclosures of Interest

3.1

Councillor E. Beauregard - A13-24-PC - 19 Lakeshore Road

I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.

3.2

Councillor E. Beauregard - A13-24-PC - Planning Comments

I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.

3.3

Councillor E. Beauregard - A14-24-PC - 19 Lakeshore Road West

I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.

3.4

Councillor E. Beauregard - A14-24-PC - Planning Comments

I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.

3.5

Councillor E. Beauregard - A15-24-PC - 19 Lakeshore Road West

I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.

3.6

Councillor E. Beauregard - A15-24-PC - Planning Comments

I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.

3.7

Councillor E. Beauregard - A16-24-PC - 19 Lakeshore Road West

I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.

4.

Request for Any Deferrals or Withdrawals of Applications

The applicant requested an additional variance on to their application outside of the required circulation window, as per the Planning Act, and requested for an adjournment. The motion was moved by the Chair and carried unanimously

• Moved By D. O'Hara
  Carried

5.

New Business

5.1

A10-24-PC - 21 Royal Road

The Secretary-Treasurer read the correspondence received for the application.
The Chair asked the present applicant if they wanted to add any further information on the 
application, to which, they presented the Committee with some background information on the 
property and their plans regarding the development.
Member Beauregard posed some clarifying questions about the nature of the development.
The Chair asked if any members of the public wished to speak towards the nature of the application. 
No delegates were present.

• Moved By Councillor G. Bruno
  Seconded By Councillor E. Beauregard
  Carried
• That minor variance application A10-24-PC be granted for the following reasons:
  1. The application is minor in nature.
  2. It is appropriate for the development of the site.
  3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law.
  4. It is desirable and in compliance with the general intent and purpose of the
  Official Plan.

5.2

A11-24-PC - VL Humboldt Parkway

The applicant requested an additional variance on to their application outside of the required circulation window, as per the Planning Act, and requested for an adjournment. The motion was moved by the Chair and carried unanimously.

• Moved By D. O'Hara
  Carried

5.3

A12-24-PC - 3233 Snider Road

The Secretary-Treasurer read the correspondence received for the application.

The Chair asked the present applicant if they wanted to add any further information on the application, to which, the applicant had no additional information to add.

Member Beauregard inquired about whether the NPCA had any concerns about the application.

The Chief Planner provided clarification on the matter.

The Chair asked if any members of the public wished to speak towards the nature of the application.

Antonella Ricci, resident, asked for clarification regarding the nature of the application, and whether there would be any impact to their property as a result of the application.

Sybren Heeg, resident, asked for clarification regarding how close the proposed development would  be located to their property line.

Both delegates received clarification, and no further delegates requested to speak. 

• Moved By A. Desmarais
  Seconded By Councillor D. Elliott

  That minor variance application A12-24-PC be granted for the following reasons:
  1. The application is minor in nature.
  2. It is appropriate for the development of the site.
  3. It is desirable and in compliance with the general intent and purpose of the Zoning By-Law.
  4. It is desirable and in compliance with the general intent and purpose of the
  Official Plan.

  Carried

5.4

A13-24-PC - 19 Lakeshore Road

• Councillor E. Beauregard declared a conflict on this item. (I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.)

The Secretary-Treasurer read the correspondence received for the application.

The Chair asked the present agent if they wanted to add any further information, to which, they presented the Committee with a PowerPoint presentation regarding the nature of the variance.

Member Elliot inquired about the potential servicing of the lots. The Committee had agreed that the issue was not relevant to the application at hand.

The Chair asked if any members of the public wished to speak towards the nature of the application.

Eric Hughes, resident, expressed concern regarding the 6.5m front yard setback, and the potential of the actual buildings varying in design from those displayed in the PowerPoint. The delegate expressed further concern regarding the location of the services, noting their desire to see 
engineered drawings.

The Chair confirmed with the delegate that any future development would be subjected to the same zoning setbacks as every other property in the zone.

Allen Kendrick, resident, asked for clarification regarding the nature of the application, which was thereafter provided.

Julian Renaud, resident, expressed concern regarding the verbiage on the Notices of Hearing regarding notification of proceedings before the Ontario Land Tribunal (OLT), and the proposed reduction in lot area. The delegate noted that they believe the development should go through the 
zoning by-law amendment and/or development agreement process, noting further concerns with servicing of the lots.

The applicant’s agent responded to comments made by the public.

Member Bruno expressed concern regarding the fact that the public delegate was not informed of the OLT hearing and advocated for the application to be adjourned until the July hearing so legal counsel could be sought on the matter.

• Moved By Councillor G. Bruno
  Seconded By A. Desmarais

  That minor variance applications A13-24-PC, A14-24-PC, A15-24-PC, A16-24-PC be adjourned until the July Committee of Adjustment Hearing.

  Carried

a.

A13-24-PC - Planning Comments

• Councillor E. Beauregard declared a conflict on this item. (I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.)

5.5

A14-24-PC - 19 Lakeshore Road West

• Councillor E. Beauregard declared a conflict on this item. (I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.)

The Secretary-Treasurer read the correspondence received for the application.

The Chair asked the present agent if they wanted to add any further information, to which, they presented the Committee with a PowerPoint presentation regarding the nature of the variance.

Member Elliot inquired about the potential servicing of the lots. The Committee had agreed that the issue was not relevant to the application at hand.

The Chair asked if any members of the public wished to speak towards the nature of the application.

Eric Hughes, resident, expressed concern regarding the 6.5m front yard setback, and the potential of the actual buildings varying in design from those displayed in the PowerPoint. The delegate expressed further concern regarding the location of the services, noting their desire to see 
engineered drawings.

The Chair confirmed with the delegate that any future development would be subjected to the same zoning setbacks as every other property in the zone.

Allen Kendrick, resident, asked for clarification regarding the nature of the application, which was thereafter provided.

Julian Renaud, resident, expressed concern regarding the verbiage on the Notices of Hearing regarding notification of proceedings before the Ontario Land Tribunal (OLT), and the proposed reduction in lot area. The delegate noted that they believe the development should go through the 
zoning by-law amendment and/or development agreement process, noting further concerns with servicing of the lots.

The applicant’s agent responded to comments made by the public.

Member Bruno expressed concern regarding the fact that the public delegate was not informed of the OLT hearing and advocated for the application to be adjourned until the July hearing so legal counsel could be sought on the matter.

• Moved By Councillor G. Bruno
  Seconded By A. Desmarais

  That minor variance applications A13-24-PC, A14-24-PC, A15-24-PC, A16-24-PC be adjourned until the July Committee of Adjustment Hearing.

a.

A14-24-PC - Planning Comments

• Councillor E. Beauregard declared a conflict on this item. (I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.)

5.6

A15-24-PC - 19 Lakeshore Road West

• Councillor E. Beauregard declared a conflict on this item. (I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.)

The Secretary-Treasurer read the correspondence received for the application.

The Chair asked the present agent if they wanted to add any further information, to which, they presented the Committee with a PowerPoint presentation regarding the nature of the variance.

Member Elliot inquired about the potential servicing of the lots. The Committee had agreed that the issue was not relevant to the application at hand.

The Chair asked if any members of the public wished to speak towards the nature of the application.

Eric Hughes, resident, expressed concern regarding the 6.5m front yard setback, and the potential of the actual buildings varying in design from those displayed in the PowerPoint. The delegate expressed further concern regarding the location of the services, noting their desire to see 
engineered drawings.

The Chair confirmed with the delegate that any future development would be subjected to the same zoning setbacks as every other property in the zone.

Allen Kendrick, resident, asked for clarification regarding the nature of the application, which was thereafter provided.

Julian Renaud, resident, expressed concern regarding the verbiage on the Notices of Hearing regarding notification of proceedings before the Ontario Land Tribunal (OLT), and the proposed reduction in lot area. The delegate noted that they believe the development should go through the 
zoning by-law amendment and/or development agreement process, noting further concerns with servicing of the lots.

The applicant’s agent responded to comments made by the public.

Member Bruno expressed concern regarding the fact that the public delegate was not informed of the OLT hearing and advocated for the application to be adjourned until the July hearing so legal counsel could be sought on the matter.

• Moved By Councillor G. Bruno
  Seconded By A. Desmarais

  That minor variance applications A13-24-PC, A14-24-PC, A15-24-PC, A16-24-PC be adjourned until the July Committee of Adjustment Hearing.

  Carried

a.

A15-24-PC - Planning Comments

• Councillor E. Beauregard declared a conflict on this item. (I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.)

5.7

A16-24-PC - 19 Lakeshore Road West

• Councillor E. Beauregard declared a conflict on this item. (I, Eric Beauregard, declare an indirect pecuniary interest as the Applicant is a client of my employer.)

The Secretary-Treasurer read the correspondence received for the application.

The Chair asked the present agent if they wanted to add any further information, to which, they presented the Committee with a PowerPoint presentation regarding the nature of the variance.

Member Elliot inquired about the potential servicing of the lots. The Committee had agreed that the issue was not relevant to the application at hand.

The Chair asked if any members of the public wished to speak towards the nature of the application.

Eric Hughes, resident, expressed concern regarding the 6.5m front yard setback, and the potential of the actual buildings varying in design from those displayed in the PowerPoint. The delegate expressed further concern regarding the location of the services, noting their desire to see 
engineered drawings.

The Chair confirmed with the delegate that any future development would be subjected to the same zoning setbacks as every other property in the zone.

Allen Kendrick, resident, asked for clarification regarding the nature of the application, which was thereafter provided.

Julian Renaud, resident, expressed concern regarding the verbiage on the Notices of Hearing regarding notification of proceedings before the Ontario Land Tribunal (OLT), and the proposed reduction in lot area. The delegate noted that they believe the development should go through the 
zoning by-law amendment and/or development agreement process, noting further concerns with servicing of the lots.

The applicant’s agent responded to comments made by the public.

Member Bruno expressed concern regarding the fact that the public delegate was not informed of the OLT hearing and advocated for the application to be adjourned until the July hearing so legal counsel could be sought on the matter.

• Moved By Councillor G. Bruno
  Seconded By A. Desmarais

  That minor variance applications A13-24-PC, A14-24-PC, A15-24-PC, A16-24-PC be adjourned until the July Committee of Adjustment Hearing.

  Carried

a.

A16-24-PC - Planning Comments

6.

Other Business

7.

Approval of Minutes

7.1

Approval of the May 8th, 2024 Minutes

8.

Adjournment

There being no further business, the meeting was adjourned at approximately 8:30 P.M.