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Notice of Decision – Committee of Adjustment – Application for Minor Variance A03-22

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Application for Minor Variance A03-22

Owners:                        K. Smith & N. Benoit-Smith             

Legal Description:         Part of Lots 11 and 12 N/S North, W/S Victoria, Plan 164 (Town of Aylmer)

Civic Address:               62 Victoria Street North

Roll No.:                        3411-010-0004-8400           

Date of Decision:        Wednesday, March 2, 20022

Date of Notice:            Thursday, March 3, 2022

Last Day of Appeal:    Wednesday, March 23, 2022

Notice was given and a Public Hearing was held on Wednesday, March 2, 2022 as required by Section 45 of the Planning Act, R.S.O. c. P13, 1990.

PURPOSE OF THE APPLICATION

To seek relief from Section 7(3) – Zone Requirements of the Residential Type 1B (R1B) Zone as it relates to minimum lot area, minimum front yard depth, and lot coverage, in order to fulfil a condition of severance approval (Consent E02-22) and to increase the buildable area of the lot to be severed.

REQUESTED VARIANCES TO THE ZONING BY-LAW

  1. Minimum lot area of 365m2 (0.09ac) for the lot to be severed and a minimum lot area of 450m2 (0.11ac) for the lot to be retained;
  2. Minimum front yard depth of 5.5m (18 ft) for the lot to be severed; and,
  3. Maximum lot coverage of 40% for the lot to be severed.

DECISION OF THE COMMITTEE:                                                   APPROVED

Reasons

The requested variance is minor in nature, desirable and maintains the general intent and purpose of the Official Plan and Zoning By-law. The Application satisfies the four tests for Minor Variances as set out in Section 45 of the Planning Act.

Effect of Written and Oral Submissions:

Oral submission was received from:

1. Ken McWhirter in opposition to the Application for Minor Variance

In consideration of the oral submission made relating to the subject application, the variances are granted as applied for.

TAKE NOTICE THAT the applicant or any other person or public body who has an interest in the matter may within 20 days of the date of decision appeal to the Tribunal against the decision of the committee by filing with the Secretary-Treasurer of the Committee a notice of appeal setting out the objection to the decision and the reasons in support of the objection accompanied by payment to the secretary-treasurer of the fee charged by the Tribunal as payable on an appeal from a committee of adjustment to the Tribunal.

AND FURTHER THAT only individuals, corporations and public bodies may appeal a Committee of Adjustment decision to the Tribunal. A Notice of Appeal may not be filed by an unincorporated association or group. However, a Notice of Appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.

If no Notice of Appeal has been received by the last day for filing an appeal, the Decision of the Committee becomes final and binding.

NOTICE OF DECISION – A03-22

We, the undersigned, concur in the Decision and the Reasons of the Committee of Adjustment:

Original Signed

M. French
Chair, Aylmer Committee of Adjustment
Committee Member S. Andrews                                           
In favour – Original to be signed
Committee Member P. Barbour                                            
In favour – Original to be signed
Committee Member J. Chapman                                          
In favour – Original to be signed
Committee Member M. Hamm                                              
In favour – Original to be signed
Committee Member A. Oslach                                              
In favour – Original to be signed

OPPOSED

Committee Member T. Charlton                                            

Original to be signed

Date of Decision:        Wednesday, March 2, 20022

Date of Notice:            Thursday, March 3, 2022

Last Day of Appeal:    Wednesday, March 23, 2022

I, Josh Brick, Secretary-Treasurer of the Committee of Adjustment of the Corporation of the Town of Aylmer, certify that the above is a true copy of the Decision.

Original Signed

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