Committee of Adjustment for Minor Variance | September 16, 2024

September 05, 2024

Planning Notices

NOTICE FOR PUBLIC HEARING

CONCERNING AN APPLICATION FOR MINOR VARIANCE FROM ZONING BY-LAW #2016-088 UNDER SECTION 45 OF THE PLANNING ACT, 1990

TAKE NOTICE THAT THE COMMITTEE OF ADJUSTMENT FOR MINOR VARIANCE WILL HOLD A HYBRID PUBLIC MEETING ON

September 16, 2024 at 2:00 p.m.

This meeting will be held in a Hybrid format in accordance with Section 238 of the Municipal Act, and the Town’s Procedure By-law, which provide for Electronic Participation.

Members of the public wishing to comment are strongly encouraged to make a written submission any time prior to the hearing by emailing planning@bracebridge.ca. Members of the public wishing to make oral submissions to the Committee may do so by attending the Council Chambers at 1000 Taylor Court or Electronically through Zoom. A link to the Zoom meeting and instructions on how to participate will be made available to the public on September 12, 2024 at: https://bracebridge.civicweb.net/filepro/documents/28627 or by going to http://calendar.bracebridge.ca/council.

The following applications will be considered:

D13-24/24 1000190525 Ontario Limited - 224 Maple St.

MINOR VARIANCE APPLICATION NO. D13-24/24

1000190525 ONTARIO INC - ROLL NUMBER 040 001 040 00

EXPLANATION OF THE PURPOSE AND EFFECT OF THE PROPOSED MINOR VARIANCE

The minor variance application was submitted in order to facilitate the construction of row dwellings.

Specifically, the applicant is requesting relief from Section 3.2.3.3 of Comprehensive Zoning By-law 2016-088 in order to permit a development containing eleven (11) interior unit row dwellings and eight (8) end unit row dwellings with a minimum lot area of 4,167.95 square metres (1.03 acres) in the Residential Type 4 (R4) zone, whereas the Zoning By-law requires a minimum lot area of 4,754 square metres (1.17 acres).

The applicant is also requesting relief from Section 3.2.3.3 of Comprehensive Zoning By-law 2016-088 in order to permit row dwellings in the Residential Type 4 (R4) zone with a front yard setback of 6.94 metres (22.8 feet), whereas the Zoning By-law requires a minimum 7.5 metre (24.6 foot) front yard setback.

The applicant is also requesting relief from Section 3.2.3.3 of Comprehensive Zoning By-law 2016-088 in order to permit row dwellings in the Residential Type 4 R4) zone with a west interior side yard setback of 2.19 metres (7.2 feet), whereas the Zoning By-law requires a minimum 7.5 metre (24.6 foot) interior side yard setback.

The applicant is also requesting relief from Section 3.2.3.3 of Comprehensive Zoning By-law 2016-088 in order to permit row dwellings in the Residential Type 4 (R4) zone with a rear yard setback of 5.01 metres (16.4 feet), whereas the Zoning By-law requires a minimum 10.5 metre (34.4 foot) rear yard setback.

The applicant is also requesting relief from Section 3.2.3.3. of Comprehensive Zoning By-law 2016-088 in order to permit a maximum lot coverage of 36% for the entire lot in the Residential Type 4(R4) zone, whereas the Zoning By-law requires a maximum lot coverage of 35% for the entire lot for group housing (more than one residential building on a lot).

The applicant is also requesting relief from Section 3.2.3.3 of Comprehensive Zoning By-law 2016-088 in order to permit a minimum landscaped area of 26% in the Residential Type 4(R4) zone, whereas the Zoning By-law requires a minimum landscaped area of 40% for group housing (more than one residential building on a lot).

KEY PLAN

D13-24/24 1000190525 Ontario Limited Sketch

A Notice of this application has been circulated to all property owners within 60 metres (200 feet) of the subject property and to the appropriate persons and public bodies according to Ontario Regulation 200/96 under the Planning Act.

A copy of the decision of the Committee will be sent to the applicant and to each person who appeared in person or by counsel at the hearing or who filed with the Secretary-Treasurer a written request for notice of the decision.

Please note: The Committee of Adjustment is a judicial body which makes decisions solely on information gathered as a Committee. Committee members are not to be contacted prior to the Hearing Date to avoid conflicts of interest.

If you wish to be notified of the decisions of the Committee of Adjustment in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Land Tribunal Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment’s decision may be appealed to the Ontario Land Tribunal by the applicant, the Minister or a specified person or public body as defined by the Planning Act that has an interest in the matter. Members of the public are no longer able to appeal the Committee’s decision to the Ontario Land Tribunal, as a result of changes made to the Planning Act from Bill 23 on November 28, 2022.

To appeal the decision to the Ontario Land Tribunal, complete an appellant form from the Ontario Land Tribunal website (https://olt.gov.on.ca/appeals-process/forms/) and send to the Secretary-Treasurer for the Committee of Adjustment. You must enclose the applicable required fee (fee details can be found online at https://olt.gov.on.ca/appeals-process/fee-chart/).

For more information on electronic participation or for a copy of the Notice of Public Meeting, please contact the Planning Services Branch.

Contact Planning Services