The Midland Record

Committee of Adjustment

April 13, 2023

What was decided (10 motions)

10 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the contents of the Committee Adjustment Agenda for April 13, 2023 be approved.
Moved by Howie Major, seconded by Judith Holland
Carried
That the Minutes of the Committee of Adjustment/Sign Variance/Property Standards meeting held on January 12, 2023 and the Special Meeting of the Committee Adjustment and Property Standards Committee held on March 24, 2023 be adopted as amended and circulated.
Moved by Howie Major, seconded by Judith Holland
Carried
That the Committee of Adjustment hereby grants provisional approval for Minor Variance Application A.01/2023, subject to the conditions being imposed on the Committee’s decision: 1. That approval of the Variance is granted and fixed to the extent and design of the proposed development as shown on the Real Property Survey attached to Staff Report PL- 2023-01 dated April 13, 2023 and shown on Attachment #1. 2. That the property owner apply for a revised Zoning Certificate and Building Permit to reflect the revised building location.
Moved by Andy Ott, seconded by Howie Major
Carried
That the Committee of Adjustment hereby grants provisional approval for Minor Variance Application A.02/2023, subject to the conditions being imposed on the Committee’s decision: 1. That site plan be finalized to the satisfaction of the Executive Director and Approval be gained within six (6) months of the date of Committee decision failing which the approval is null and void. 2. That Approval is fixed to the general size and extent of the development as shown on the Site Plan Drawing attached to Staff Report PL-2023-02 dated April 13, 2023 and shown on Attachment No. 1, or through a revised plan to the satisfaction of the Executive Director of Planning, Building, and By-law. 3. That all taxes, penalties, and interest levied on the subject properties be paid in full prior to the issuance of a Zoning Certificate.
Moved by Howie Major, seconded by Judith Holland
Carried
That the Committee of Adjustment hereby approves Application B.01/2023 respecting 121 and 123 Fourth Street for Provisional Consent for the re-establishment of two (2) lot parcels, subject to the following conditions: That the requested consent be granted by the Committee of Adjustment subject to the following conditions: 1. That a deposited reference plan survey of the severed parcel be prepared and submitted to the town in duplicate. 2. That all taxes, penalties, and interest levied on the subject property at the time of issuance of the Certificate of Official for the severed lot be paid in full. 3. Submission of a draft electronic transfer for the parcel to be severed, one copy to be retained by the municipality. 4. That a certificate be issued utilizing Form 2, under section 50(12) of the Planning Act R.S.O., 1990. 5. That Minor Variance Application A.03/2023 be approved.
Moved by Howie Major, seconded by Richard Szarek
Carried
That the Committee of Adjustment hereby approves Application B.02/2023 for Provisional Consent for a permanent easement for shared access to proposed shared, rear yard parking area across 121 and 123 Fourth Street, subject to the following conditions: 1. If determined to be required by the Town’s Solicitor, that a reference plan be prepared detailing the easement between Page 6 of 10 the two properties be prepared and submitted to the Town and registered on title. 2. That all taxes, penalties, and interest levied on the subject properties at the time of the certification of transfer/deed for the easement be paid in full prior to the issuance of the certificate of official. 3. Submission of the draft electronic documents of the land parcels, one copy to be retained by the municipality, if determined to be required by the Town’s Solicitor. 4. That the existing driveway at 121 Fourth Street be discontinued by removing the interlock bricks and having the parking area regraded and sodded in order to prohibit any further in this parking area.
Moved by Judith Holland, seconded by Howie Major
Carried
That the Committee of Adjustment hereby grants provisional approval for Minor Variance Application A.04/2023, subject to the conditions being imposed on the Committee’s decision: 1. That a Building Permit be obtained within one (1) year. 2. That approval of the Variance is granted and fixed to the extent and design of the proposed development as shown on the site plan and elevation drawings attached to Staff Report PL-2023-04 dated April 13, 2023 and shown on Attachment #1 and #2. 3. That all municipal taxes be paid up to date prior to the issuance of a Zoning Certificate.
Moved by Richard Szarek, seconded by Andy Ott
Carried
That the Committee of Adjustment hereby amends Condition Number 1 of the decision dated April 14, 2022 for Minor Variance Application A.03/2022 to the following: 1. That the Applicant obtain Site Plan Approval by October 13, 2023.
Moved by Andy Ott, seconded by Howie Major
Carried
That all meetings occur the second Thursday at 2:00 p.m.
Moved by Howie Major, seconded by Judith Holland
Carried
That the Committee of Adjustment meeting adjourn at 12:43 p.m.
Moved by Howie Major, seconded by Richard Szarek
Carried

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