MINUTES OF HEARING OF THE CITY OF WELLAND COMMITTEE OF ADJUSTMENT. WELLAND CITY HALL, COUNCIL CHAMBERS September 19, 2018, 5:00 PM

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1 MINUTES OF HEARING OF THE CITY OF WELLAND COMMITTEE OF ADJUSTMENT WELLAND CITY HALL, COUNCIL CHAMBERS September 19, 2018, 5:00 PM Committee Members: Diane Zakraysek-Bourque, Chair Mark Tayti, Member Julie Barker, Member Staff Present: Others Present: Christine Rossetto, Secretary-Treasurer B. Lambie, B014/2018WELL P. Savoia, B015/2018WELL G. Vermeer, A10/2018 S. Olesevich, B015/2018WELL M. Richard, B015/2018WELL K. Constantino, A15/2018 H. Constantino, A15/2018 L. Audet, B015/2018WELL S. Michal, B015/2018WELL J. Conlin, A10/2018 M. Kelley, B014/2018WELL R. Ventresca-Root, B015/2018WELL F. Mete, B015/2018WELL A. Fazari, B015/2018WELL M. Puzio, B015/2018WELL K. Chalmers, B015/2018WELL T. Grand, B015/2018WELL M. Pychel, B015/2018WELL CALL TO ORDER - Chair Zakraysek-Bourque called the Hearing to order and introduced the Committee members and staff. The Secretary-Treasurer explained the purpose of the Committee of Adjustment decision-making process, including the manner in which objections could be filed with the Secretary-Treasurer of the Committee of Adjustment for the purpose of appealing a to the Local Planning Appeal Tribunal. CONFLICTS OF INTEREST Nil. ADOPTION OF MINUTES Moved by Tayti that the minutes of the Hearing held September 19, 2018 be adopted as circulated. REQUESTS FOR DEFERRAL OR WITHDRAWAL OF APPLICATIONS Nil. APPLICATION Minor Variance File No. A10/2018 Vermeer Greenhouses (Niagara) Inc. 684 South Pelham Road September 13, John Conlin, agent, said no concerns with Staff s new memo. The Secretary-Treasurer said that the Committee only requested new comments from the Planning Division. Zakraysek said a condition is needed since it is near the residential areas and future development requires approval.

2 Re: Minutes of Committee of Adjustment Hearing September 19, 2018 Page 2 the Committee rendered and declared its. Minor Variance Application File No. A10/2018 Approved for the following reasons: Pursuant to Section 45(8.1)(b) of The Planning Act, as amended, the Committee of Adjustment took into consideration all written and oral presentations made to it before rendering a. 1. Desirable and in compliance with the general intent and purpose of the Official Plan as the proposed Greenhouse generally meets the planned function of the Community Commercial Node designation. 2. Desirable and in compliance with the general intent and purpose of the Zoning By-law as the property complies and will maintain all other By-law provisions and requirements. 3. Appropriate for the development of the site as the property is large in size and adequate setbacks and lot coverage is provided for the proposed Greenhouse. 4. Minor in nature as the addition of a Greenhouse will not negatively impact the character of the neighbourhood as the existing greenhouse operation has been operating at this location for many years. Condition 1. The 0 metre south side yard shall be for the greenhouse addition only, such greenhouse addition being approximately 1,040.6 square metres in size. Signed: Diane Zakraysek-Bourque Two Committee members were in favour of the above including the condition. Mark Tayti was not in favour of including the condition and did not sign the. REQUEST TO WAIVE MINOR VARIANCE APPLICATION FEE File No. A10/ Request letter dated July 13, 2018 from the agent, Conlin Engineering Ltd., to waive the application fee based on their request at the time of the City s preparation of the new comprehensive Zoning Bylaw that the new By-law recognize Vermeer s existing uses. 2. Planning Division memorandum dated August 10, Moved by Tayti that the request to waive the application fee not be supported. Barker and Zakraysek concurred. APPLICATION Minor Variance File No. A15/ Ontario Inc. 163 Division Street from Welland and Infrastructure and Development Services Engineering Division dated September 10, September 13, 2018.

3 Re: Minutes of Committee of Adjustment Hearing September 19, 2018 Page 3 Agent, Helder Constantino, said wants to convert the current office to residential. In response to questions from the members, he said he does not want to lease for commercial, there will be separate services and there is sufficient parking. the Committee rendered and declared its. Minor Variance Application File No. A15/2018 Approved for the following reasons: Pursuant to Section 45(8.1)(b) of The Planning Act, as amended, the Committee of Adjustment took into consideration all written and oral presentations made to it before rendering a. 1. Desirable and in compliance with the general intent and purpose of the Official Plan as residential housing type uses are provided for in the Downtown designation. 2. Desirable and in compliance with the general intent and purpose of the Zoning By-law as residential dwelling units are a permitted use within the DMC Zone. 3. Appropriate for the development of the site as the existing building foot print is not increasing. The conversion of commercial to residential uses should not negatively impact the surrounding mixed used neighbourhood. 4. Minor in nature as the increase of 2 residential dwelling units should not negatively impact the surrounding mixed use neighbourhood. Signed: Diane Zakraysek-Bourque Mark Tayti All members were in favour of the above. APPLICATION Consent Application File No. B014/2018WELL Kristyn Robins 490 Colbeck Drive from Welland and Infrastructure and Development Services Engineering Division dated September 10, Letter from Niagara Peninsula Conservation Authority dated September 11, September 13, Letter from Niagara Region dated September 18, Brian Lambie, lawyer, said application for permanent easement for services and access, an area on Part 5 capable for a building permit, with the easement they do not need to go through NPCA regulated area and he is okay with the conditions in the report. Zakraysek said she requested a new sketch showing location of the house, buildings etc. and said she had difficultly locating the property. Members noted no new parcel proposed. the Committee rendered and declared its. Consent File No. B014/2018WELL Granted with 7 conditions: 1 Confirmation of payment of outstanding taxes to the satisfaction of the City of Welland Finance

4 Re: Minutes of Committee of Adjustment Hearing September 19, 2018 Page 4 Division. 2 That the Secretary-Treasurer be provided with a registrable legal description of the subject parcel, together with a copy and a digital copy of the Deposited Reference Plan, if applicable, for use in the issuance of the Certificate of Consent. 3 That all Conditions of Consent be fulfilled by September 20, Reasons: Pursuant to Section 53(18)(a) of The Planning Act, as amended, the Committee of Adjustment took into consideration all written and oral presentations made to it before rendering a decision. 1 Application is technical in nature and no new parcel is being created. 2 This is rendered having regard to the provisions of Subsection 51(24) of The Planning Act, R.S.O. 1990, as amended. Signed: Diane Zakraysek-Bourque Mark Tayti All Committee members were in favour of the above. APPLICATION Consent Application File No. B015/2018WELL Niagara Pines Developments Ltd. 61 Adah Court Chair Zakraysek said that in response to the letter dated September 13, 2018, submitted by Angelo Fazari, paragraph 1, that she does not have a conflict of interest in Application B015/2018WELL, that she is not employed by the law firm Flett Beccario, has not been for approximately 18 months, she was a legal assistant at the firm with no pecuniary interest and that she has no interest or affiliation with Niagara Pines Development Ltd. or any of the principals of the company or the subject property. Correspondence received and read/summarized: from Welland and Infrastructure and Development Services Engineering Division dated September 10, from Bell dated September 11, Letter and attachments from Mike and Jessica Pychel dated September 13, Letter from Angelo P. Fazari on behalf of Carla Ann Fazari dated September 13, Letter from Frank and Heather Mete received September 13, Letter from Sharon Olesevich and Maurice Richard dated September 13, Letter from Terry and Darlene Grand dated September 14, from Rita Ventresca dated September 14, Letter from Allan Billyard dated September 14, Letter and attachments from Anthony W. Pylypuk on behalf of E.S. Fox Limited dated September 14, Letter from Steve and Penny Michal dated September 14, Letter from Vince and Nancy Sutch dated September 13, September 14, Letter from Lionel and Carole Audet dated September 15, Letter from Marek Puzio and Krzysztofa Lachowska Puzio dated September 17, Paul Savoia, owner, said lot is 105 feet by 300 feet, severing at 52.5 feet, and in response to concerns of neighbours: grading and drainage will have a future grading plan, drainage is from south to north

5 Re: Minutes of Committee of Adjustment Hearing September 19, 2018 Page 5 complies with the RL2 Zoning which has 9 metres, could do 3 lots but proposes 19 metres; zoned for multi units/townhouses some frontages are 12 metres side yard to north there is an easement so has to be at least 1.5 metres prices of the lots are within $25,000 dollars intention to do singles, build luxury houses on beautiful street restricted covenants nothing says that the City can t sever. Anthony Pylypuk said comments in his written submissions, proposed lots will be half the size of those on Adah Court and smaller than lots on Virginia Street, Plans M-191 and M-80 developed for upscale singles and Adah Ct to have luxurious homes, this area does not require intensification, proposing impact on aesthetics and will have a negative impact. In response to Mark Tayti, he said lots were originally marketed as estate lots and that was in agreements of purchase and sale. Angelo Fazari, on behalf of Carla Ann Fazari, said comments listed in his letter, believes Diane Zakraysek has a conflict, planning comments say zoned for several uses but application says for single residences and if Committee grants it they should make restrictions on the use, easement is only on Part 1, application doesn t shown how drainage will be dealt with, there is no virgin sod, restrictions represented to those who bought was for as singles. In response to Mark Tayti, he said lots were originally marketed as estate lots. Barker questioned if a condition of approval could be applied for only singles as a use and Secretary- Treasurer confirmed. Zakraysek read aloud further comments from Engineering Division dated September 17, 2018 related to drainage and grading. Frank Mete said he concurs with opposition to application, this subdivision is not the same as others, 9 lots built, unlike any other application as no other area in the City with these size of lots, there was a clear intent of the developer for larger lots, distinction because of man-made hill (no virgin soil), encourage owner to develop in same theme and character with a single on the original lot, subdivision agreement references whole lot, proposal is not the intent of E.S. Fox, 2 lawyers have pointed out this unique situation, expectation of the developer and purchasers and asks the Committee for the right decision. In response to Mark Tayti, he said lots were originally marketed as and expected to be estate lots. Mike Pychel said owns adjacent lot, sent in sketch of elevations, subdivision is years old, sump pumps go out onto the lot and could get double the water from 2 houses, has concerns with drainage for his house, sub-soil disturbance, did significant reinforcement for his house, liability concerns, at building stage can t go back after lot created, it doesn t fit to have 2 homes and wants to uphold word to have a single dwelling. In response to Mark Tayti, he said lots were originally marketed as and expected to be estate lots. Terry Grand said new to neighbourhood, enjoys character of area, is directly across from the subject lot, it was made abundantly clear when he purchased that these were large lots in this subdivision, proposal is disappointing, he has concerns with application, came to neighbourhood as is quiet and safe for his disabled family member and he has concerns with other potential uses. Kyle Chalmers said if Committee has been out to area they know that the proposal doesn t match, every member of neighbourhood is here, they live there but the developer doesn t live there. In response to Mark Tayti, he said lots were originally marketed as and expected to be estate lots. Steve Michal said he lives behind the lot, his concern is the water/drainage from 2 houses on narrow lots. Angelo Fazari spoke for Maurice Richard and said there are drainage and water issues, most houses have 3 foot slabs, stress on sump pumps, it was not intended to have multiple homes on this street and if lot is created it cannot be reversed. In response to the Chair, the Secretary-Treasurer confirmed the previous RM4 zoning and that through the comprehensive rezoning process the owners could have requested only singles as a use.

6 Re: Minutes of Committee of Adjustment Hearing September 19, 2018 Page 6 Zakraysek said she reviewed the subdivision agreement from 1998 and it does not contain conditions regarding type of home and that the restrictive covenants do not restrict further subdividing. Paul Savoia said that he would agree to 2 singles as a condition if the Committee approved the consent. He said times have changed, the By-law has changed, houses will be approximately 2,900 square feet to fit in with neighbourhood, catch basin there for drainage of several homes in the subdivision, master grading not changing for the subdivision, has to do a grading plan at permit stage, permitting one extra house and is zoned for what he is trying to do. Tayti and Barker noted uniqueness of the area, neighbourhood was created with deliberate intent for large estate lots, and severance does not fit with the character of the neighbourhood. Zakraysek said municipalities encouraged to intensify and provide different housing types and severance complies with the Official Plan. the Committee rendered and declared its. Consent File No. B015/2018WELL Refused Reasons: Pursuant to Section 53(18)(a) of The Planning Act, as amended, the Committee of Adjustment took into consideration all written and oral presentations made to it before rendering a decision. 1 The severance does not fit with the unique character of the neighbourhood. 2 The proposed lot is not similar to the lots in the neighbourhood and this is not a neighbourhood for infill and intensification. 3 This is rendered having regard to the provisions of Subsection 51(24) of The Planning Act, R.S.O. 1990, as amended. Signed: Mark Tayti Two Committee members were in favour of the above. Diane Zakraysek was not in favour of the refusal. OTHER ITEMS Nil NEXT HEARING October 17, 2018 in Council Chambers. ADJOURNMENT The hearing closed at 7:38pm.