Committee of Adjustment Agenda

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1 TOWN OF GRIMSBY Committee of Adjustment Agenda Tuesday, November 24, :00 p.m. Town Hall, 160 Livingston Avenue Page 1. Call to Order 2. Disclosure of Interest 3. Minutes i) Minutes of Committee of Adjustment meeting of November 3, Minor Variance 3-4 i) A-29/15 Diane Penley & Christy Penley Part 1 and Part Lot 7 Plan 175 # 3 Melrose Avenue Grimsby, ON 5-6 ii) A-30/15 Stephen & Natalie Brogan Part Lot 59 Corporation Plan No. 4 # 155 Main Street West Grimsby, ON Page 1 of 11

2 Page Committee of Adjustment Agenda November 24, Land Consent 7-11 i) B-09/15 Canadian National Railway Company Part of Lot 434 Corporation Plan No. 4 Robinson Street North Grimsby, ON 6. Adjournment Page 2 of 11

3 25 TOWN OF GRIMSBY File Number A-29/15 COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING OF APPLICATION FOR MINOR VARIANCE THE PLANNING ACT, R.S.O. 1990, SECTION 44 AND 45. Name of REGARDING AN DIANE PENLEY & CHRISTY PENLEY Applicant APPLICATION BY #11 NASSAU DRIVE, GRIMSBY, ONTARIO, L3M 3A3 LOCATION OF PART 1 AND PART LOT 7 PLAN 175 PROPERTY #3 MELROSE AVENUE, GRIMSBY, ONTARIO Brief Description PURPOSE OF APPLICATION: TO ALLOW FOR THE CONSTRUCTION OF A 105 SQUARE As set out in the METRE ONE STOREY REAR ADDITION WITH A SIDEYARD SETBACK OF 1.7 METRES AND appncation A 26 SQUARE METRE ATTACHED GARAGE WESTERLY ADDITION WITH A LOT COVERAGE OF 34 % IN THE RESIDENTIAL DETACHED (RD3.25) ZONE AT #3 MELROSE AVENUE, GRIMSBY. Zoning _ BY-LAW 14-45, RESIDENTIALDETACHED RD3.25 ZONE Requlrement Minimum, Side Yard Setback -1.8 Metres (Table 11) Maximum Lot Coverage % (Table 11) TAKE NOTICE that an Application under the above File Number will be heard by the Committee place shown below. on the date, time and DATE: Tuesday, November 24, 2015 Time: 7:00 p.m. PLACE: MUNICIPAL OFFICE, 160 LIVINGSTON AVENUE, GRIMSBY, ONTARIO L3M 4G3 PUBLIC HEARING: You are entitled to attend this Public Hearing in person to express your views about this Application, or you may be represented by Council for that purpose. If you are aware of any person interested in or affected by this Application who has not received a copy of this Notice, you are requested to inform that person of this Hearing. If you wish to make written comments on this Application, please forward to the Secretary/Treasurer of the Committee at the address shown below. FAILURE TO ATTEND HEARING: If you do not attend at the Hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you willnot be entitled to any further notice in the proceedings. Non-attendance of the Applicant and/or his authorized representative or agent may result in the denial of the Application in accordance with the Rules of Procedure of the Committee of Adjustment. NOTICE OF DECISION: A copy of the Decision of the Committee will be sent to the Applicant and to each - rson who y appeared in person or by Counsel at the Hearing and who has filed with the Secretary/Treasurer a writte est for notice of the Decision. DATED this 10th day of November, 2015 rer omm Adjustment T of Grimsby P.O. Box Livi Avenue ON L3M 4G3 Page 3 of 11

4 F.I.N L07" ( D, 52.4; M.-IA5. ) - ' ~ N W 1 '512 ~_;_;. SET SPIKE N CDRNER IB E0/«R17 FENCE. rzucc cal?-.-5»? \ ~omw, 0.07 e EAST FENEE PEST q.. 3 *5 E 9 \ '\.H...\ 54 E 3 Q a -53 LOT "\ IB 2 LI V Q < (PLAN.5; M549. ) tn "Rs STEIREY DHELLING No. 3 E.? /3-CH m E: W 11: g D \ E f\ VIE. N <1 L:. l «Io) \ I- : 1 :1 w 1 y 1 I '1 an _. \u.4 Q I-..J \ me/./205$ IT( 539) P3 0? #3 meuzcvst SSIB (0, 07 z 557) > rstvrs my mm 0 :2 Ensr $71pp H LO? LU MELRO N " W ( REFERENCE BEAR NG ) S E 57EEL POST A2: W/RE N FENCE 39' 071 ZS 545T N 59' 10' E 3% P.l.N P.l.N. 36 E Po Page 4 of 11

5 15 TOWN OF GRIMSBY Agenda item ii) File Number A-30/15 COMMITTEE OF ADJUSTMENT NOTICE OF PUBL C HEARING OF APPLICATION FOR MINOR VARIANCE THE PLANNING ACT, R.S.O. 1990, SECTION 44 AND 45. Name of REGARDING AN STEPHEN & NATALIE BROGAN Applicant APPLICATION BY #72 KINGSPOINT CIRCLE, WINONA, L8E 6E6 LOCATION OF PART LOT 59 CORPORATION PLAN NO. 4 PROPERTY #155 MAIN STREET WEST, GRIMSBY, ONTARIO Brief Description PURPOSE OF APPLICATION: TO ALLOW FOR THE CONSTRUCTION OF A NEW 1 1/2 As set out in the STOREY DETACHED DWELLING WITH A LOT COVERAGE OF 35.5 % AND A BUILDING app ic-ation HEIGHT OF 9.5 METRES IN THE MAINSTREET (MS.15) ZONE AT #155 MAIN STREET WEST, GRIMSBY. _ BY-LAW 14-45, MAINSTREET (MS) ZONE SECTION 7 Z "'"_9 Maximum Lot Coverage % (Table 11) Requirement Maximum Height metres, (Table 11) TAKE NOTICE that an Application under the above File Number will be heard by the Committee place shown below. on the date, time and DATE: Tuesday, November 24, 2015 Time: 7:00 p.m PLACE: MUNICIPAL OFFICE, 160 LIVINGSTON AVENUE, GRIMSBY, ONTARIO L3M 4G3 PUBLIC HEARING: You are entitled to attend this Public Hearing in person to express your views about this Application, or you may be represented by Council for that purpose. Ifyou are aware of any person interested in or affected by this Application who has not received a copy of this Notice, you are requested to inform that person of this Hearing. If you wish to make written comments on this Application, please forward to the Secretary/Treasurer of the Committee at the address shown below. FAILURE TO ATTEND HEARING: If you do not attend at the Hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice in the proceedings. Non-attendance of the Applicant and/or his authorized representative or agent may result in the denial of the Application in accordance with the Rules of Procedure of the Committee of Adjustment. NOTICE OF DECISION: A copy of the Decision of the Committee will be sent to the Applicant and to each n who appeared in person or by Counsel at the Hearing and who has filed with the Secretary/Treasurer a for notice of the Decision. DATED this 11THday of November, 2015 s ry/treasurer Committee Adjustment T of Grimsby P.O. Box, 160 L ston Avenue rims ON L3M 4G3 Page 5 of 11

6 MAIN STREET WEST Agenda item ii) '09".L_U22.43: "goyoxo ( "OI.6) (H13) 17) 9 l 9) G! 6) V1 Z nzbzmmm mmzmmbr zoamm _ E... sown Imlmonzmu >10 :h.mn_>r u:.uvr_e oz>f n0l1j..< Zn 5 rhm? mu_:oz on Em 0z.>»6 noow wc=.d_zn 9) G98!.12:» IOJM o_u.._n.zu G 23 >24 Uumonu riurm non on oz?mézu imam memum_z$.>f >20 U00» r_z.m..u u...>f mmj nnbbm 310 zzrmuu z0«mu u1m.».. um Oi Zmum _u..>zu 3 >24 _um<_>:oz on E.» w.. rd_zo 2m Umu?z on zum on >r_.mnz>:<m u:.ru_zn ]>«U»_>rm »...II sl : E: 5.. E2. a E ES.._..,.. E. I : s: 2. it E: 5.. z.8z:5oz.~e a.1l1 r Dminzu A.> mommozm ozm Umm?zm.$~.:3 _U_l>Z G) SETBACK I u A A.o_T$u \._\n me..u._. zclmmmu 2.. m._m, v, u wm LQVZZ rn,.o,lg.oon wl.:lmmo 0z_._zm. <>:ozm,. E_U._yI. Um_u.:+ WUNXWH mgr? m.ur>z _u00b.:oz ww3.22 m._.mmm4 Emma DEIWU4. OZ m?mmu _m H on.:.:vmn Page 6 of 11

7 NOTICE OF HEARING FILENO. B 09/15 COMMITTEEOF ADJUSTMENT AND LANDDIVISION 160 LIVINGSTONAVENUE P.O. BOX 159 GRIMSBY, ONTARIO L3M 4G3 In the matter of the Planning Act; Revised Statutes of Ontario, 1990, Chapter P.13 and; In the matter of an application for consent on behalf of: CANADIAN NATIONAL RAILWAY COMPANY Notice is hereby given that an application for consent under the above noted file number will be heard by the Committee of Adjustment for the Town of Grimsby on the date and at the time and place shown below: DATE AND TIME: TUESDAY, NOVEMBER24, 2015 AT 7:00 PM PLACE: TOWN OF GRIMSBY MUNICIPALOFFICES LAKESIDEROOM 160 LIVINGSTONAVENUE, GRIMSBY This is a public hearing called for the purpose of hearing evidence for or in opposition to the above noted application. If you are aware of any person interested in or affected by this application who has not received a copy of this notice you are asked to inform that person of this hearing. If you have comments on this application they may be forwarded in writing to the Secretary-Treasurer at the address above or you may appear in person or by counsel and make a verbal presentation to the Committee. If a person or public body that files an appeal of a decision of the Committee of Adjustment and Land Division in respect of the proposed consent and does not make oral or written submission to the Committee before the consent is considered, the Ontario Municipal Board may dismiss the appeal. A copy of the Notice of Decision of the Committee will besent to the applicant and to each person/agency who files with the Secretary-Treasurer a written request for a copy of the Notice of Decision. The applicant or the agent of the applicant MUST be present at the hearing. Take notice that if you do not attend this hearing the Committee may proceed in your absence and you will not be entitled to any further notice in the proceedings. LOCATION OF THE LANDAND PURPOSE OF THIS APPLICATION: The subject parcels, shown as Parts 3 & 4 on the drawing submitted with an area of square metres and a frontage of metres on the north side of the Robinson Street road allowance being Part of Lot 434, Corporation Plan No. 4 in the former Township of North Grimsby now in the Town of Grimsby. Application is made for consent to convey a square metres of land shown as Parts 3 & 4 to be merged with the lands to the south west being #27 John Street for continued industrial use. The balance of the land is to be retained for continued railway use by CN Railway Company. Date of Mailing: November JS John R S honewille, -Treasurer LDC12/00R Page 7 of 11

8 Page 8 of 11

9 ' * COMMITTEE OF ADJUSTMENT AND CONSENT TOWN OF GRIMSBY - THE PLANNING ACT SECTION 53 APPLICATION FOR CONSENT PLEASE TYPE OR USE BLACK INK File No. ~ 0 1. (a) Registered Owner (3); Canadian National Railway Company Mailing Address; 1 Administration Road City: Vaughan Province: Ontario Postal Code: L4K 1B9 Fax: Telephone: (b) owner's solicitor (if any); Dentons Canada LLP c/o Robert W. Blunt Mailing Address; 77 King Street West, Suite 400 City: Province: Ontario ' Toronto robert.blunt@ dentonṡcom Postal Code: M5K 0A1 Telephone: Fax: Authorized Agent (if any): Mailing Address: City: Province: Postal Code: Telephone: Fax: Please specify to whom all communications should be sent: OwnerI:I Solicitor Agent E] 2. (a) Type and purpose of proposed transaction: (Check appropriate space/s) El Creation of New Lot [3 Disposal of Surplus Farm Dwelling Addition to Lot El Farm Retirement Lot El Mortgage or Charge Ll Partial Discharge of Mortgage D Lease D Right of-way (b) El Easement If a lot addition, identify the lands to which the parcel will be added:. 27 John Street (abutting to the south) Name of person(s), if known, to whom land or interest in land is intended to be conveyed, leased or mortgaged: Brite Developments Inc. Are there any existing easementsor restrictive covenants Yes D No [I If Yes describe the easement or covenant and its effect: affecting the land? Location of land: Municipality (City/Town/'l'ownship) {L }M? Town of Grimsby V Part of Lot 434, Corporation Plan 4 Concession No. Lot(s) Registered Plan No. Lot(s) Reference Name of Street Plan No. Robinson Street North Part(s) Street No. Page 9 of 11

10 V 4 Description of subject land: Part No. on sketch 3 and 4 (3) Frontage 20.l39m Depth l4.5mi Area (b) Existing Use part" of building Proposed use consolidatedbuilding (c) Existing and proposed buildings and structures on the subject land: m2 Existing: art of building Pl OPQSe_d; consolidated building ' Description of land to be retained: Part No. on sketch '* * -'"." """2- (a) Frontage irregular Depth lrregular 14'752 m Area_.. - -, V 'd (b) Existing Use rail C rr1d r Proposed Use rall corn or (0) Existing and proposed buildings and structureson the subject land to be retained: Existing: rail corridor and support structures Proposed; rail corridor and support structures 7. (a) Type of access to subject land: El Provincial Highway El Regional Road [33 Municipal Road maintained all year El Other Public Road El Municipal Road maintained seasonally El Right-of-way El Water Access El Private Road (b) Type of access to retained land: El Provincial Highway El Regional Road A Municipal Road maintained all year El Other Public Road El Municipal Road maintained seasonally El Right of-way D Water Access I] Private Road What type of water supply is proposed: (Check appropriate space) Type PROPOSED RETAlNED LOT LOT Publicly owned and operated piped water supply ' Lake U D Well (private or communal) E] D Other (specify) [:1 D What type of sewage disposal is proposed? (Check appropriate space) Type PROPOSED RETAINED LOT LOT Publicly owned and operated Sanitary sewage system Septic system (private or communal) D D E Other (specify) D. _?. : - j. Page 10 of 11

11 «.. 7 DECLARATION Dated at the To. of Gr/iwéy, A + 6L2 this day of ;L.?[tf5/7«(7i/ *.2015 I/We, Robert W Blunt of the CityR6 hw of Toronto lnthe Qmantgqiaistsieti?aegimaai Municipalityof Metro 01' an to solemnly declare that all the statements contained in this Application are true and I make this solemn declaration conscientiously, believing it to be true and knowing that it is of the same force and effect as if made under oath and by the virtue of the Canada Evidence Act. Declared before me at the Town of Grimsby ) in the RegionalMunicipality of Niagara this Eyof 0,20 15/ Robert W. Blunt A Comm sioner, etc.,wh2/4? 7t:Z3 AUTHORIZATION TO THE SECRETARY/TREASURER, COMMITTEE OF ADJUSTMENT FOR THE TOWN OF GRIMSBY. ANe Canadian National Railway Company (Name of Owner(s)) Being the Owner of the property known municipally as rail C rrid r 1 ated 11 -h f Robinson Street North pkyebyau?uwue Dentons Canada LLP c/o Joseph Debono and Robert Blunt (Name and Address of Solicitor/Agent) to act as my/our Agent with respect final authority to do so. to the above noted submission and this is my/our good, full and OVVNEFlPER, see attached authorization PLEASE NOTE: Personal Information collected on this application willbecome part of a public record. Any questions regarding this collection should be directed to: Town Clerk P.O. Box 159, 160 Livingston Avenue, Grimsby, ON L3M 4G3 (P) (905) (Fax) _ Page 11 of 11

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