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Notice of Passing – ZBA05-24 – 78 Spruce St West

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TAKE NOTICE that the Council of the Corporation of the Town of Aylmer on the 14th day of August 2024 passed By-law No. 58-24, a Zoning By-law Amendment to the Town of Aylmer Comprehensive Zoning By-law 57-99, pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended.

The subject lands are legally described as Part of Lot 45 and Lots 46 to 52 Plan 166; at 78 Spruce Street West, as shown on the key map on the bottom of this notice.

The purpose and effect of the Application for Zoning By-law Amendment is to rezone the subject lands from Residential Multiple Second Density Zone Special Provision 7 (RM2-7) to Residential Multiple Second Density Zone Special Provision 7 (RM2-7) to permit twenty-nine (29) one storey townhouse units with a reduced rear yard depth from 6.0 m (19.69 ft.) to 5.31 m (17.42 ft.). A portion of proposed units 18 to 20 will be within the 6.0 m erosion hazard limit (development setback) for the projected 3:1 top of the slope.

The Written Submissions are summarized in the Statutory Public Meeting portion of the Council Meeting minutes of August 14, 2024; and were considered as part of the effect on the decision-making process.

AND TAKE FURTHER NOTICE that the registered owner, applicant, specified person or  public body may appeal to the Ontario Land Tribunal with respect to the Zoning By-law Amendment by filing with the Clerk of the Corporation of the Town of Aylmer, no later than September 5th, 2024, a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee required by the Tribunal in the amount of $1100.00 which must be in the form of a certified cheque, money order or credit card made payable to the Ministry of Finance and in Canadian funds. An Appellant may request a reduction of the filing fee to $400, if the Appellant is a private citizen or eligible community group. The request for a reduction in the fee must be made at the time of filing the appeal. If you wish to appeal, a copy of an appeal form is available from the Ontario Land Tribunal  website at: https://olt.gov.on.ca/tribunals/lpat/about-lpat/.

The registered owner, applicant, specified person or public body may appeal a zoning by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group.

No person or public body shall be added as a party to the hearing of the appeal unless, before the By- law was passed, the person or body made oral submissions at a public meeting or written submissions to the Council, or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.

This Notice and the By-law are available for inspection between 8:00 a.m. and 5:00 p.m. weekdays at Aylmer Town Hall, 46 Talbot Street West, Aylmer. Those interested in additional information regarding this application, may contact: Heather James, Manager of Planning and Development Phone: 519-773-3164 x4915 or Email: [email protected].

DATED at the Town of Aylmer, this 16th day of August 2024.

Heather James, MES (Pl.), RPP, MCIP

Manager, Planning and Development, Town of Aylmer

46 Talbot Street West

Aylmer ON    N5H 1J7

Ph:   519-773-3164

Fax:  519-765-1446

Key Map (Not to Scale)
Key Map (Not to Scale)
Zoning By-law Amendment Sketch
Zoning By-law Amendment Sketch
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