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Notice of Refusal – ZBA03-24 – 81 South St West

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TAKE NOTICE that the Council of the Corporation of the Town of Aylmer on the 10th day of July 2024 refused passage of By-law No. 51-24, 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 Lot 1 Registered Plan 250; at 81 South Street West, as shown on the key map on the back of this notice.

THE PURPOSE AND EFFECT  of the Application for Zoning By-law Amendment is to rezone the subject lands from Residential Type 1B Zone (R1B) to Residential Type 1B Zone Special Provision 7 (R1B-7) to permit the construction of two additional residential units in a proposed accessory building and to increase the maximum accessory building height from 5.5 m (18.0 ft.) to 6.71 m (22.0 ft.) . The subject lands currently contain a single detached dwelling and accessory building (to be removed).

The Written Submissions are summarized in the Statutory Public Meeting portion of the Council Meeting minutes of July 10, 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 July 31st, 2024, a notice of appeal setting out the objection to the refusal of 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 the decision of Council 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 refused, 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 11th day of July 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
Zoning By-law Amendment Sketch
Zoning By-law Amendment Sketch
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