City Council Meeting: Committee of Adjustment

The Committee of Adjustment considered two minor variance applications. It deferred Application A09-26 for 306 Main Street East after a neighbouring resident said an existing fence blocks sightlines near a driveway and sidewalk. The committee approved Application A17-26 for 140 Main Street East, allowing tandem parking for a proposed office unit with conditions on signage, pavement markings and parking use.

Topics Discussed

FENCE VARIANCE — 306 MAIN STREET EAST

Application A09-26 sought to legalize an existing fence at 306 Main Street East. According to the motion read into the record, the fence has a setback of 0.51 metres from the street line on Main Street East, where 4.5 metres is required, and a height of 2.7 metres, where the bylaw permits two metres.

Planning staff recommended approval. Staff said they had reviewed the application under Section 45 of the Planning Act and were "of the opinion that the minor variance meets the intent of the official plan and zoning bylaw, are appropriate for the development of the lands and are minor in nature."

SIGHTLINE CONCERNS

Neighbour Eric Husby of 304 Main Street East said he was "not opposed to the fence" but objected to how close it is to the sidewalk. He told the committee: "I've had issues with … delivery people trying to back out of my driveway and because it's so close, we just don't see the kids coming down the street, you know, on a scooter or on a bike."

Husby said the problem was not limited to his own driving. "It's for the Amazon driver, the pizza delivery guy, some friends that come over. They all back out of the driveway. That's where my concern lies from a safety standpoint."

Committee member Dylan Bailey said he wanted "some proposed remedy before this is sort of legal and binding," adding that he did not want "some kind of horrific accident" to happen before the issue was addressed.

Staff said the committee could attach conditions to a variance. Michaela told members that conditions requiring the fence to be moved would mean "the demolition of a lot of the fence and rebuilding of the fence," but said it was up to the committee to impose conditions it considered appropriate.

DEFERRED FENCE APPLICATION

Rather than approve the variance as submitted, the committee deferred the application for further discussions among the homeowners at 304 and 306 Main Street East and town staff.

Bailey moved "that this application be deferred indefinitely to a future meeting of the committee of adjustment after discussions between the homeowners of 304 Main Street and 306 Main Street along with the appropriate divisions of Town of Grimsby staff," citing "the safety concerns that have been raised."

During discussion, members referred to possible design changes, including moving the fence back or altering the corner to improve visibility. The deferral passed 3-1, with Fay Billing opposed.

TANDEM PARKING — 140 MAIN STREET EAST

Application A17-26 for 140 Main Street East sought permission for tandem parking for an office use. The motion stated the variance would "permit a tandem parking space for an office use" where the zoning bylaw requires parking spaces to have adequate access without relying on temporary parking or storage of a vehicle, except in limited residential cases.

Planning staff again reported no objection, saying the application met the intent of the official plan and zoning bylaw and was minor in nature.

The committee approved the application with conditions discussed at the meeting, including signage and markings to distinguish office parking from residential parking.

PROCEDURAL INFORMATION

Chair Daniel Collins advised that "the applicant, the town of Grimsby, the minister, or a specified person or public body has the right to appeal either the decision itself or the conditions of consent to the Ontario Land Tribunal within 20 days."

Motions

• Application A09-26 — 306 Main Street East: Motion to approve the fence variance as presented did not proceed after it failed to receive a seconder.
• Application A09-26 — Deferral: Motion to defer the application to a future meeting after discussions among the affected homeowners and town staff. Passed 3-1, with Fay Billing opposed.
• Application A17-26 — 140 Main Street East: Motion to approve the tandem-parking variance with conditions related to signage, pavement markings and parking use. Approved.

Attendees

• Daniel Collins, Chair
• Fay Billing
• Adam M. Shad, participating online
• Dylan Bailey, participating online

Absent: Kevin Antonitis