Committee’s decisions from the hearing on May 3, 2023.
Note that the applications are still within their appeal period, ending June 1, 2023.
2243 Lawn Avenue
DECISION: MINOR VARIANCE / PERMISSION: APPLICATION REFUSED
Date of Decision: May 12, 2023
File No(s).: D08-02-23/A-00065
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s): Dino Scarcella
Application can be found HERE.
From the report:
“Based on the evidence, the majority of the Committee (Acting Chair S. Hindle
dissenting on the refusal of variance (a)) is not satisfied that the requested
variances meet all four requirements under subsection 45(1) of the Planning Act.
The Committee notes that the City’s Planning Report raises “concerns” regarding
the application, highlighting that “the proposed garage does not meet the intent of
the Zoning By-law for accessory buildings, which are intended to be accessory to a
principal use.”
Considering the circumstances, the majority of the Committee finds that, because
the proposal does not fit well in the area, the requested variances are, from a
planning and public interest point of view, not desirable for the appropriate
development or use of the land, building or structure on the property, and relative
to the neighbouring lands.
The majority of the Committee also finds that the requested variances do not
maintain the general intent and purpose of the Official Plan because the proposal
does not respect the character of the neighbourhood.
In addition, the majority of the Committee finds that the requested variance does
not meet the general intent and purpose of the Zoning By-law, because the
proposal does not represent orderly development of the property that is compatible
with the surrounding area.
Moreover, the majority of the Committee finds that the requested variances are not
minor because they would create an unacceptable adverse impact on abutting
properties and the neighbourhood in general.
THE COMMITTEE OF ADJUSTMENT therefore does not authorize the requested
variances.”
