e e e good evening I like to call to order the meeting of the committee adjustment for August 20th 24 20th 20 24 the committee members and attend this evening are Kevin antonitis Daniel Collins fa billing and myself Adam otet Committee Member Dyan Bailey is absent staff members present this evening are Walter basic assistant director of planning Bianca Veria intermediate Heritage planner and de dehara Abu administrative coordinator live streaming members of the public are advised that our meetings are live streamed by the town of Grimsby individuals and media may be audibly and or visually recorded during this meeting as a reminder all electronic devices are to be in silent mode during our committee meeting the purpose of the application and relative course respondence will be heard following which the applicant will G be given the opportunity to address the application any person concerned with the application will then be given an opportunity to speak at the conclusion of the discussion the committee will render decision and advise of any applicable conditions copies of decisions will be mailed to the applicant or agent and to any other person who files a written request to request a copy of the decision please email deara abaar secretary treasur at COA Grimsby doca 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 Ontario land within 20 days of the date of giving notice under subsection 17 is completed for consent application and within 20 days of the DAT to decision for a minor variance application specified persons in certain public bodies include Public Utilities but do not include an individual or Community Association everyone present will be given an opportunity to comment on the applications being heard please address your comments and questions to the chair each participant will be provided five minutes to speak each participant may only speak once if you hear your presented by someone else please Do Not Duplicate the remarks when you are called we ask you state your name and address for the record agencies commenting on applications may be requested that certain conditions be imposed voicing objection objections to these conditions will not adversely affect the committee's decision all members of the committee have viewed the properties on the agenda tonight and are familiar with the lands that are subject to Applications do any members of the committee have a pecuniary interest with respect to the applications that are before us this evening see being none move on is there there's no request for withdrawal or adjournment correct okay thank you so the first item on the agenda is going to be the approval of the previous minutes has the committee had the opportunity to review the the minutes and any comments or questions on it I do I I just have one comment about the minutes I know we've had different staff doing them but I've was just observing that I think it's important that we relay the um opposition of or support of the applications we had public delegations were all listed but it doesn't say if they were in favor or supportive it says the applicant spoke in favor and it just says public delegations 1 2 3 4 5 6 7 but I think it's important that we reflect whether they were speaking in favor or um opposed to it just a comment okay thank you very much any further comments or questions seeing n do I have a mover and second to approve the minutes yep okay moved by Dan seconded by Kevin so resolve that the minutes of the meeting held on July 16 2024 be approved all those in favor say I raise your hand thank you any opposed motion is carried so the F we have four applications for us tonight the first will be a24 sorry a 28-24 for four balal Avenue deara thank you Mr chair so I'll just go through a short presentation um the purpose of this application is to um facilitate the construction of two additions to an existing single detached dwelling the addition to the rare of the um existing dwelling is 98 uh square m and the addition to the east side of the existing dwelling is 43 square m the variances requested are as follows to permit a minimum interior side yard of 1.6 M whereas a minimum interior side yard of 3 m is required to permit a minimum Ray yard of 7 m whereas a minimum Ray yard of 11.43 m is required and to permit a maximum building depth of 32 M whereas a maximum building depth of 20 m is permitted this is um an image of the site plan which was circulated along with the notice of hearing this is um an image of uh the neighborhood for context these are the current conditions on site and uh correspondence has been received by uh from the following agencies and I'll just summarize uh that for you now planning staff have no objections to the minor variances and have reviewed the application in the context of the four tests set out under section 45 of the planning act and are of the opinion that the minov variances meet the intent of the official plan and Zoning by law are appropriate for the development of the lands and a minor in nature Public Works staff uh offers the following condition uh which was a condition um to require lot grading and drainage plan demonstrating uh the existing drainage patterns for the lot and 5 m Beyond property line and that storm water runoff will not negatively impact nor rely upon neighboring properties uh please ensure all roof down spouts proposed swes Etc are shown on the plan uh there was a plan that was received uh today and um I have reached out to the public depart uh public works department to confirm that uh it has uh adequate information uh so just note that one um the npca has said that the property does not contain any npca regulated features and as such the npca has no comment and will not require review fee Additionally the region and the Ministry of Transportation have no comments in regards to this application back to you Mr chair okay thank you the agent or applicant wish to speak just give your name and address for the record please uh good evening my name is David mahalik S address do yes please uh and my address is number four Balmoral Avenue Grimsby okay any comments or questions that you want to raise before the committee um the only comment would be just to address the uh Public Works uh land survey that that uh today we were able to uh email that in so uh just wanted to follow up with that and hopefully that's sufficient um and then just a comment on the two additions that uh it's just to support our growing family uh in this neighborhood we've moved in in 2021 um and we love the area and we feel that it would be imperative if uh if this would uh be accepted so that's all thank you okay thank you any questions or comments uh from the committee for the applicant seeing sorry I was taking a while there trying to find the plan what's what's proposed on that wall facing let me think now west to the vacant lot cuz there's a lot there's a sorry there's a plan shown uh for a house next to you proposed but it was a big lot the only reason I asked this was the subject of a contentious minor variance a couple years ago I don't think it was you I think it was the predecessor of your house was quite opposed to it cuz that person on the corner applied for variance very similar to this and it was refused by the committee um but I think it was your previous owner but I'm just curious what's proposed on the wall facing west where one of the variants is being requested so that would be the one closest to the bacon lot uh yeah so uh both of these additions are going to be uh single story Bungalows um uh matching the uh uh the current siding and roof line and uh that sort of nature right um on that West wall and additionally on that uh other East inner side yard um wall as well just again matching Tastefully to the neighborhood Bungalow not some monstrosity of a uh you know quad Plex or something along those lines right so what about Windows facing west on that wall um I don't believe there's any Windows there um there might be do you have a crosssection at all I was just looking for it in here yeah no I don't this was just we just had the proposed uh plot plan at this time but um uh if there would be Windows they would just be very small and and high up to the roof line as possible just to obviously provide uh proficient uh privacy with that neighboring uh property if it should get built on right just a quick question for staff then Walter is this plan that's shown here on the adjacent lot on the vacon lot is that the one that was the subject of the variance before or is that a totally different plan I'm just curious because they may come back for another variance to your sidey yard right so I'm just curious what the oh um it it appears to be I I haven't really delved deeply into it but it appears to be the same I'm assuming that's where you got where your architect got the information from yeah okay thank you any other questions from the committee to the applicant seeing none is there anyone in the audience wishes to speak to this matter thank you sir thank you seeing none is there a motion on this application from the committee yeah thank you Mr chair um I like that it's a bungalow that uh you're you're fitting into the neighborhood just my personal thoughts and you're not trying to go twostory big I appreciate that for your uh the way your neighborhood set up um I find it resolved that minor variance application a2824 for 4 baloro Avenue to permit a minimum interior side yard of 1.6 M whereas a minimum interior sidey yard of 3 m is required as per section 7 to1 table 11 in zoning bylaw 1445 as amended to permit a minimum rear yard of 7 m whereas a minimum rear yard of 11.43 M is required as per section 72 1 table 11 in zoning bylaw 1445 as amended uh to permit a maximum building depth of 32 M whereas a maximum building depth of 20 m is permitted as per section 721 table 11 in zoning bylaw 1445 as amended uh be approved because it meets the four tests that were outlined in the staff report uh for this property okay thank you and did you want to uh the conditions that were listed you want to yeah thank you um approved yeah with conditions um and uh uh we'll put the condition on and if what you provided to Public Works is sufficient that would just fulfill this condition anyway um so thank you uh the one condition that town staff will require a lot grading and drainage plan demonstrating that uh existing drainage patterns for the lot and 5 m Beyond property line and that storm water runoff will not negatively impact nor rely upon neighboring properties uh please ensure all roof down spouts proposed swells Etc are shown on the plan okay thank you so that's move by Dan do we have a seconder on this motion and Kevin all those in favor raise your hand or say I any opposed your application was approved it's subject to a 20-day appeal period before the decision becomes final and binding thank you thank you next application is a 27-24 for 386 Park Road north deara thank you Mr chair so the purpose of this application is to facilitate the construction of an accessory building for the purpose of a pool Cabana the variances requested are to permit a minimum setback from the rare lot line of 6 M for an accessory building whereas 1.3 m is required to permit a maximum Eaves encourgement of 41 M into the required ril yard for an accessory building whereas .25 m is permitted to permit a maximum Eaves encroachment of 41 M into the required interior side yard for an accessory building whereas 0.25 m is permitted and to permit a maximum total lot coverage of 30% whereas 25% is required um this is an image of the site plan which was circulated along with the notice this is an image of the neighborhood for context these are the current conditions on site and these are the agencies that have responded and I will summarize is uh the comments for you now planning staff have no objections to the minor variances proposed by the applicant uh they have reviewed the application in the context of the four tests set out under section 45 of the planning act and are of the opinion that the minor variances meet the intent of the official plan and Zoning bylaw are appropriate for the development of the lands and are Min in nature Heritage planning staff are supportive of the minor variance application as the proposed accessory building does not cause any adverse impacts to adjacent cultural heritage identified within the immediate and larger Grimsby Beach area Public Works staff have no conditions for the proposed minor variance they have one comment show any downspouts and ensure that all additional drainage is properly Cony to an acceptable Outlet the additional drainage is not to negatively impact neighboring properties nor shall any additional drainage flow into neighboring properties npca says uh the property does not contain any npca regulator features and as such the npca has no comments uh the Ministry of Transportation says the location Falls within a permit control area please note that the ministry does not issue permits for works that do not increase footprint area of your property however if you need a formal clearance letter from the ministry you will need to submit for a permit application on our hcms website online and we will issue a permit free of charge stating that no permit is required additionally uh the region um npca and Grimsby power have no comments in regards to this application back to you Mr chair thank you very much uh I guess we have the agent or applicant at the podium could you give your name and address for the record please and just any comments if anything you want to add thank you uh my name is Steve allingham um I'm the owner at 386 Park Road North and uh yeah it's a pool Cabana that's about it um our our old pool shed is uh um it's it's showing its age it's it's rotting and we're just replacing it with something a little larger a little more functional uh the plan uh currently is um that it's going to be it's called like a salt box style whereas the uh the front and rear um pitches of the roof are the same um but the peak of the roof is pushed towards our backyard so what that does is it gives us the height we want on the pool side um but it lowers the the side um that's right kind of along that property line so it's not quite as imposing on the neighbors um other than that that's really all I have so thank you okay thank you very much any questions or comments from the committee for the applicant seeing none thank you is there anyone in the audience wishes to speak to this application seeing none does the committee have a motion on the disposition of this application I will Mr chair um so I move that resolve minor variance application a 2724 for 386 Park Road North to permit a minimum setback from the rear lot line of 0.6 M for an accessory building whereas 1.3 m is required um as Meed to permit maximum ease encroachment of 0.41 M into the required year rear yard for an accessory building whereas .25 m is permitted um to permit a maximum evees encroachment of 041 M into the required interior side yard for an accessory building whereas 0.25 m is permitted and to permit a maximum total lot coverage of 30% whereas 25% is required as per section 418 of the zoning b as amended be approved as it meets the four tests that was outlined in the planning report okay thank you very much so move by Kevin do we have a second Fabia any further discussion on the motion all those in favor say I raise your hand oppos if any so your application was approved it's subject to a 20day appeal period before it comes final and binding thank you next application is a 26-24 for 7 vanderberg Lane dear thank you Mr chair so the purpose of this application is to facilitate the construction of a side entrance to accommodate a secondary Suite unit the variances requested are to permit the alteration of the exterior appearance of the dwelling to accommodate a side entrance to accommodate a secondary Suite unit whereas the exterior appearance of a dwelling is to be unaltered to accommodate a secondary Suite unit except for replacement of basement windows and or changes to accommodate rear basement entries and um to permit a minimum parking space width of 2.74 M whereas uh minimum parking space width of 2.75 m is required um and that is an image of the site plan which was circulated along with the notice that's an image of the neighborhood for context these are the current conditions on site this is uh what is proposed the side uh and elevation and uh these are the agencies uh who have commented on the application which I will summarize for you now planning staff have no objections to the approval of the minor variances for relief from the zoning bylaw with respect to the construction of a side entrance to accommodate a secondary Suite unit uh and the minimum parking space WID provided the following condition is met that a pedestrian walkway is provided to the side entrance from the front yard in a manner that is approved by the Grimsby public works department Heritage staff have no concerns with the minor variance requests for seven werber Lane Heritage planning staff find the proposed placement of the secondary Suite Entrance with will not impact the adjacent Heritage Property Public Works staff have one condition and two comments for the proposed Min of variance the condition is that uh staff note that during a site visit there is an existing side yard sale that runs along the property line between number seven and number N9 vanderberg Public Works require confirmation that the proposed side yard entrance will not impede the existing Swale nor negatively impact the neighboring properties and existing drainage patterns their comments are uh public work staff note that even with a secondary Suite to the dwelling only one service per lot is permitted no additional service connections will be supported and the secondary Suite will need to be serviced to the existing services to the dwelling public work staff note that during a site visit there are existing trees and shrubs which block access to the proposed side yard entrance and the only access would be from the neighbors's driveway or walkway please provide explanation to how the proposed side yard entrance will be accessed from the existing driveway additionally the region npca and Ministry of Transportation have no comments in regards to this application back to you Mr chair okay thank you do we have the I guess the owner president give your name and address yeah sorry thanks William so seven vanderberg okay do you want to add any comments or maybe address some of the the questions that were raised in one of the reports well the one that's glaring the last point he made about um using the neighbors driveway to access that's not going to happen at all um there will be other work done to allow access to be able to use the door to to enter that place um but because um as it is right now the status SCH at home my son and myself my son not yet live there so we won't be necessarily um actively using that entrance right now so the the work to be done on the driveway from I have to modify my garden to lead from my driveway onto there I have to take out some trees of course some of them already dead so I have to take those out and um there will be any Excavating and such to get the door in we're using the existing staircase for the basement that's where why we placed it there and um but we'll of course do some work to to to to um allow proper access and to not to impede the neighbors um basic and and the conditions that you have uh outline for sure we'll we'll observe those in time but it will be status school right now we just want to put in the door cuz my son just got married I'm alone in the house and um we know how we have shortage of uh um housing right now in Ontario so I figured instead of having to give him some money to go get another place um it's big enough for the for us his wife and myself and them and myself so I figured that would have been the more economical way to go so um plus I'm not well and I need somebody else in the house with me and um eventually hopefully I live long um I might move down there because I won't need all that space and allow them to to live upstairs and the door will be the escape cuz I will be able to climb through a window even though I'm going to make a couple of them um larger hopefully so that is the purpose of that door mainly okay thank you very much any questions or comments from the committee for the applicant Dan go ahead yeah through you Mr chair um I'm curious uh cuz it's sorry oh um oh one sec um I'm curious uh this is a uh for a secondary Suite everybody okay um for a secondary suite and I'm assuming the secondary suite's in the basement so I'm curious why there isn't a um variance for providing a secondary Suite in a Sellar unless I'm missing something I'm just curious why that not on the plan here so may maybe that's a question for the town staff oh yeah you maybe repeat the question for Walter I'm gonna maybe bring this question to you now that I've said it out loud I think you'd be the best one to answer this um repe little mess over here my computer over that's okay let me know when you're ready okay no problem um this is a uh an entrance for uh to a secondary Suite I'm just curious if the secondary Suite is in the in the cellar uh Maybe I'm Wrong maybe it's not I didn't go around the house um should the should there be a uh another variance listed for that uh particular issue and again I'm not I'm not privy to uh the the the make of the basement that could have some room here sir thank you oh um yeah I'm not I'm not sure of the makeup of the uh of how the unit is going to be laid out if any of the unit is going to be above above the above the basement or is it is some of it going to or is all of it going to be in the basement all of it sorry is going to be all of it is going to be in the basement except for the windows that are above ground other than the entrance and the windows the windows are going to also be above ground okay so it it looks like the entire unit will be in the basement other than the entrance um so there yes you're right there good catch there would be a need for a another variance to permit it in the basement or or to permit it in the seller cuz I believe I the majority of the basement is below grade right height-wise right so I also do have um the plans um drawn by the architect to to complete the the unit I haven't because I've spoken a lot to town staff and um I think the advice as I understand it that I'll hold off until the myav Varan is approve and then I will um submit the application for the so I'm not sure if that would be included in what you're suggesting what you've raised yeah so what I would what I would recommend is that if if the committee deems it appropriate to approve the application that that be added to the uh um to the decision okay thank you okay any further questions or comments from the committee for the applicants if you add go ahead new man Avance that you're for the seller whatever that you're suggesting do I have to do anything for with regard to an application or so or an amendment to the application or whatever for that uh what Walter just suggested now is that we uh if if we deem it necessary or or um not necessary if we do deem it a appropriate we would add it in now any further questions or comments for the committee for the applicant if not thank you very much and anyone from the public wish to speak to this matter if so just come to the podium and give your name and address for the record please is it's it's on it's on for you yes my name is Prashant Chandra and I live at n v next to her and we are both sick just like I had a heart attack and I'm 86 the place he wants put the door for the downstairs is right above my window I mean I'm right over above the the door so I won't be able to sleep when the kids or somebody lives there after know night midnight or something like that and Pauline has we moved at the same time about 12 years ago she only lived once one year in that house and then she rented the house all this time and she just came back this year and now she do want to do that I won't be able to live because I lived with the other tenant for so many years about 11 years so I don't think she should put that door on my side there's lot of room on the other side of the building she can put the door and there nobody distance okay thank you very much any questions or comments from the committee for the delegate yeah is there any else from the public that wishes to speak to this matter come on please come forward and your name address the record thank you very much my name is Patricia ster I'm a resident at 17 vanderberg and my comments I because I wrote them down are more to the whole idea of having a secondary Suite in our neighborhood at all vanderberg Lane is a 12-year-old development in what is considered a desirable neighborhood intended as single family homes we are original buyers and we know all of our neighbors by sight we may not know their names but we recognize their faces their children their pets their cars we know who lives in our area and all of which creates a sense of communal security the owners take pride in their properties and most have upgraded their homes by investing in landscaping driveways walkway steps doors inground pools decks patios pride comes from ownership individuals without ownership those who come into rent have no equity in a property and do not take the same care allowing rentals such as secondary units is a terrible idea for our neighborhood and will lower property taxes it invites more noise traffic garbage and less available parking which is often insufficient now as well you saw from the photos the houses are very closely spaced with between 8 to 9 ft between the houses it's impossible to do any construction work on one house without infringing on the property rights of its neighbor with only 4 feet within which to work you cannot upgrade upgrade your structure on the side or in the back without walking on your neighbor's property and that is trespassing in this instance the homeowner number nine has every right to deny workers access via his property to allow them to work on number seven and as a senior citizen a woman of 75 seeing strangers walk through the neighborhood going between houses or into backyards particularly at night raises a huge red flag leaving me to ask who are these people and what are they up to this may not occur to a man but it does to a woman a woman must always be aware of her surroundings I don't want strangers walking underneath my window at night I want and deserve to feel safe in my home and in my neighborhood opening up our neighborhood to transient residence destroys my sense of safety when you don't know who belongs in the the neighborhood who is coming and going from week to week and it can change you've already permitted someone to put in a BNB at number 12 there is no way for me to feel safe and I strongly oppose this application okay thank you actually um maybe I just staff to comment generally on second and third unit permissions uh both I guess through the zoning bylaw and provincial legislation the the provincial legislation was through you chair uh was changed uh quite a while ago actually to permit secondary Suites and then it was amended again to uh permit third dwelling units on property so every single and municipalities aren't permitted to prohibit them so every property within the town of grimby um at minimum can have potentially three three dwelling units in it and and it's something that the municipality can't regulate the only thing we can regulate are things like stuff we're dealing with now is where the door is um how much parking is being provided we can't require more than one parking space per secondary Suite or tertiary Suite so that's that's the legislation that the province put forward and uh and the local municipalities have to have to accept that thank you okay thank you very much any other questions or comments from the public yep if you want to come back up I would also add that at number 12 we were never advised or given an opportunity to speak on that change that structural change I only found out about it this week when I inquired why hadn't we heard anything about that it's already been approved the person's put in a door in the back they've they've done some structural changes to the back of their house so people will be walking down the side and into the back they intend to put in a b BNB a b and bed and breakfast or an Airbnb that's totally untenable in our neighborhood we are very closely spaced houses we were never asked we never had an opportunity to say a thing I find that unacceptable as a taxpayer in Grimsby that we were not given any notice whatsoever thank you actually um on my recollection we had nothing to do with number 12 Ender there was no minor variance that's that's correct chair um uh that that particular at 12 there was a building permit application and uh the building permit and the proposed uh construction and the construction uh there was in was consistent with the requirements of the zoning bylaw the use of that if there's secondary Suite is again a permitted use doors are permitted in the backyard that's where our zoning B actually directs the doors to be um and uh but like I said secondary Suites are permitted as of right and municipalities cannot prohibit them um if it is used as an Airbnb unit that's not permitted by the zoning BW so that's something that our BW enforcement officers are currently in the process of um investigating who has airbnbs who doesn't and and enforcing that provision of zoning bylaw and at coming in the future there will be um uh discussion by Council uh regarding licensing airbnbs where they are permitted but again right now airbnbs are not permitted again Airbnb is not a use it's uh it's a service that's provided on the internet so uh we call them short-term rentals short-term rentals are not permitted in residential areas in the town thank you okay thank you very much any questions or comments from the public if not the applicant Is there further comments you want to maybe respond to some of the remarks made I don't have a lot to say except to say um I am an original owner as well um I moved in in that house one of the first ones and then other people came along my property is well-kept I'm an eligible uh owner um contrary to what uh my neighbor here says I lived there for 4 years before uh moving away because I got sick and the doctor recommended that I can I lived in the house by myself the doctor doctor recommended that I need not stay I should not be by myself so I rented and I did otherwise um I am not sure about the points about safety and so on because this happens in every neighborhood in Canada um we have parking bylaws which I don't think anybody would be stupid enough to go park on the street when there parking signs all over nobody parks on vanderberg Lane except I used to see near the park I don't know if that has stopped um and if you notice my property it is well kept better than a lot of them that I've seen um I don't know what else to say as I said I'm I'm alone there for a while I've been alone there for a while it's a big house um I find it prudent to offer my son accommodation I also think that on as I said before has a housing shortage and if I can contribute to that Solution that's what I'll do um we be decent people we're all educated people we're not Riff Raff on the street like people might be thinking and and allowing them to be unsafe um and I can address your point where you say that there would be traffic going through that door there's no permit as I understand it that um allows you to put a door at the back and if I was going to put a door at the back I would be using that side because that is on that side that the door is going to be traffic was going to be there is going to be there as well so where where this new door is going to be located it's a short walk across my garden which I haven't done and won't be doing for a while and um there will be any noise my house has been one of the quietest ones around because I'm mostly alone there my as I said my son just got married so he has moved because he works in in in Niagara um he stayed with me a little while until we we s out this combination I don't know what the problem is I belong in Grimsby I belong and vanderberg I worked hard I paid for that house I'm no less and different than anyone else so I'm not going to accept that I'm introducing um whatever that you have described um by putting in that secondary unit it will not be for public consumption may I add it will be for just my family okay thank you very much any other questions or comments from the committee go ahead faia oh thanks through the chair um to the owner I just have a couple of questions I respect that you want your son to move in a lot of us are doing that now but my question is when I was looking at that little walkway that you want to put the door in um in in order to safeguard your neighbor from any of the movement that'll be going in and out of that door what do you plan to have um how do you plan to divide that space up now I'm looking at um are you putting a fence down between the two or are you leaving a fence out will you be walking the people using that door will they be walking on his property as he has suggested so what's the plan for that little area absolutely Sorry Miss Williams can come yeah thanks I'll that um there won't be an infringement that's not our style we won't do that um as I said I have a garden there has some ever green or whatever and you know I have to take them I didn't want to but I have to I have to take out some of that and I have to widen the driveway even though I've applied for the variance a little bit just to when you it the the driveway holds four cars now we only have two and one most of the time so you walk the driveway I'm going to cut through right across from the front door that that garden and then it's a short walk like 2 yards to the door so to me there won't be any opportunity to to um to infringe on his property at all cuz the his driveway face is Right adjacent to my garden and if I make that track coming up my driveway cuz I won't be doing anything there cutting through the garden and then uh to the door it's a short walk it should be fine okay so I I see I saw the the property today and I saw that that area now what about a light at that door will you have a light there because that could be a dark alleyway and this is what he's suggesting that his bedroom's right there I have to think where and I have to take what he says into consideration just make everybody um comfortable and happy so it may be a motion light shining from the back up so it will be less um um bothersome to him um it as I said the door would hardly be used at least for for now for a while to come and I won't be doing any of that work through the garden and anything cuz it won't be necessary right now um hopefully we'll both outlive um the time where we the necessary for us to do that but yeah I haven't thought about the light but I I want to for sure do something to ensure that it doesn't bother him too much but some light will have to be there whether motion one which is off most of the time or something but to divide your two properties will you run a fence down there so no one will be walking up his his walkway I could do that but I I and I thought about that but um it's not a wide space he has already paved his side I haven't done any to my side if I put a a a wall there or fence or whatever it's going to be a narrow Alleyway right for him access for my ACCESS I would I think it makes sense to just leave it as is the the door is there um for Access whenever if ever um we need it I I I don't think unless he insists then I perhaps would think about it now is this a door that's going to be used a lot by you will you be going in and out or it's just a door for for an escape as you said yes it's for escape mostly okay yeah all right thanks so much welcome okay thank you any further comments or questions from the committee just just one Mr chair through you if I could just ask the owner was there any possibility to look at putting the that door on the opposite side or is it the layout of the house internally that prevents it or what cuz on the other side there's a wider driveway related to the corner property I believe on the other side is the Heritage Property there isn't a lot of space there either although I think I may be able to squeeze it but I when we look at the the whole situation it's more economical for us more cost effective um to use what we already have in the house meaning the stairs they're on that side and the door is just going to be there and it won't even necessitate us doing any excavation to put the door in so it's just cut in the wall and get there as I understand it I don't know um so the other side if I do if we put it there um we'll have to do a lot more it to be it more costly yeah okay thank you any other further questions or comments from the committee seeing none is there a motion on this application and also I guess consideration for the extra variants Dan go ahead yeah um not to give my thoughts again but I will um when it comes to Safety in Grimsby I'm a proud resident of Grimsby and taxpayer myself and I have four children and these children will want to move somewhere at some point and what scares me is people that don't come here and they just put in a basement apartment that don't does that hasn't been approved by the building department it doesn't have the proper zoning that that's what scares me that we would potentially have those units in our neighborhood and our children potentially renting those when they need to rent a place so I commend you for coming in and going through the proper channels um so I'm going to make a resolution uh at minor variance application a262 24 for 7 vanderberg Lane to permit the alteration of the exterior appearance of the dwelling to accommodate a side entrance and to accommodate a secondary unit whereas the exterior appearance of the dwelling is to be unaltered to accommodate a secondary Suite unit except for replacement of basement windows and or changes to accommodate rear basement entries as per section 419c of zoning bylaw 1445 as amended uh to permit a minimum parking space width of seven or sorry of 2.74 M whereas a minimum parking space width of 2.75 m is required as per section 5.6a of zoning bylaw 1445 as amended and I'm going to add another minor variance today uh to permit a secondary Suite solely within a cell whereas a secondary Suite is not permitted solely within a seller as per section 419d in the zoning bylaw 1445 as amended and uh I recommend that it be uh approved with two conditions that a pedestrian walkway is provided to the side entrance from the front yard in a manner that is approved by the grimsy public works department and two Public Works note uh Public Works note staff note that during a site visit there was an existing sidey yard sell that runs along the property line between units 7 and N uh vanderberg uh Public Works require confirmation that the proposed sidey yard entrance will not impede the existing Swale nor negatively impact the neighboring properties and existing drainage patterns okay thank you very much that's moved by Dan do we have a second on this motion Fabia any further discussion on the motion or questions or comments seeing none all those in favor say I raise your hand oppose if any uh your application was approved it's subject to a 20day appeal period before it comes final and binding thank you our next and last application is a b0424 for 245 Main Street East deara thank you Mr chair so the purpose of this application is to sever 2,79 Square met of land shown on the provided sketches part one and to retain 3,713 square m of land shown on the provided sketches part two um so this is the sketch or the site plan that was um sent along with the notice of hearing uh this is an image of the neighborhood for text these are the current conditions on site and these are the agencies that provided um comments and I will summarize those comments for you now planning staff have no objections to the approval of the severance proposed by the applicants subject to the condition below that an address change fee be submitted to the town of Grimsby for municipal addressing to be assigned to the new dwelling lot heritage planning staff recommend that the application be approved conditionally these recommended conditions have been prepared in accordance with best best practices to ensure the long-term protection of Heritage Property number one that that a Heritage easement under Section 37 of the onial Heritage act be registered on title prior to amending the designation by law and number two that the Heritage easement under Section 37 of the Ontario Heritage act be removed following the completion of the legisl 30-day designation by law appeal period public work staff have the following conditions number one town staff will require site servicing plan showing both the existing and proposed Site Services for water storm and sanitary the plan is to include location size material grade inverts Etc from the municipal main to the building phas for all services please be advised that only one service connection per lot is permitted per Town standards service location need to be feel verified by the applicant locations and elevations a town Services permit will also be required for installation of services once the plan is approved condition number two the applicant shall apply for an entrance permit from the public works department for the construction of all new driveway entrances all proposed entrances shall be reviewed and approved by Town staff and be constructed in accordance with Town standards condition number three town staff will require lot grad and drainage plan demonstrating that storm water runoff will not negatively impact nor rely upon neighboring properties um the plan shall include all existing and proposed downspout discharge locations all Hardscape surfaces and all physical features including deck trees walkways pools Etc both existing and proposed um this plan has been received but uh is included in here in the public works memo as a standard condition uh um the region has provided the following um comments the subject property fronts onto Main Street East Regional Road 81 which has an average annual daily traffic count greater than 10,000 Regional staff recommend that at the building permit stage appropriate noise mitigation measures building materials are implemented in the building design or Construction in order to ensure that the indoor sound levels of the ministry of the environment conservation and Parks NPC 300 guidelines are achieved including the installation of air conditioning so that windows can remain closed brick vineer or acoustically equivalent construction materials and double paint Windows further staff note that purchasers or tenants be aware of the following warning Clause purchasers and tenants are advised that sound levels due to traffic from Main Street West Regional Road 81 May occasionally interfere with some activities of the dwelling unit occupants as the sound level exceeds the ministry of En environment conservation and parks's noise criteria Additionally the Ministry of Transportation and the npca have no comments in regards to this application um I have also just received um just prior to this meeting uh a letter from a neighbor which I will read out um the following comments are from art and Terry rebec who who reside at 14 44 Peach Tree Lane number one the site plan indicates a building that is too close to the property line the full extent of the rare part of our property line facing west would be impacted by the proposed seder trees along the west side of the property line a building excavation will likely undermine fencing along the property line and existing Garden area adjacent to the property line Associated irrigation and yard lighting number two the a building excavation adjacent to our West property line has potential impacts a loss of the Seder trees along the rare part of our property line would significantly degrade our backyard View and there would be a loss of private see if construction Shoring protected the seedar from a building excavation adjacent to our West property line the shading from a building in close proximity to the seders would likely cause the Seder trees to die off over time number three the site plan indicates a high point elevation at the point where the West property line of 144 Peach Tree Lane meets the Northwest property line from 248 Main Street West Larry and SNY um kman this may have drainage impacts the natural drainage in this area is from south to North storm water runoff between the proposed building at 245 Main Street East could adversely flow in onto the property at 144 Peach Tree Lane and um finally number four what heritage measures would be placed on the building if the concent to Severance is granted including impacts on adjacent properties back to you Mr chair okay thank you is the agent applicant for this available speak give your name and address for the record please and just want to address some of the comments perhaps that are raised in the uh reports uh first of all amazes me because usually they complain about my cedar trees but that's besides the point sorry you can get your name and address sorry about that Ron Van Pelt 245 Main Street East thank you I will re I will re recant that and say basically that most of the time they complain about my trees so at the end of the day that surprises me but let's make something very clear uh I have a Heritage Property we maintain that Heritage Property number two we take pride in that property number three it's an asset and to maximize my asset value I need to protect the Heritage which I will and I will tell you how we're doing that number three is the fact is that because Heritage impacts the value of that property because I could get a lot more money for it if it wasn't Heritage and put up 25 condos but the reality is I love my Heritage Property as does my wife the bottom line is severing a property allows me to maintain a value on my Heritage Property it allow me to either build on that property or sell that property with provisors that are not going to impact the neighborhood period result is that when it looks when I look at it it gives me three options build on it sell it as two properties or sell it to a builder financially that's in my best interests but addressing the fact is that our ready with the Heritage committee who has passed it conditionally we have put into that plan the largest footprint that's possibly allowed under the guidelines of all the codes and all the building whatever we're not going to build that size of house that house is going to be a lot smaller footprint could be 2,000 square ft one and a half stories I know the Heritage rules the Heritage rules are very clear I cannot dominate the existing structure for some reason I have to have a view from corner to corner and I've always said that I should build a toll in front of it so the people that do see my house for free should pay a charge I've complied with that by positioning it where it is I went through a conservation study for my trees that I find out were not protected and I spent $4,000 doing that and again some of my neighbors complain about that all the time if they didn't like it then move back to the city bottom line is I take care of those trees with an arborist and as a result usually the stuff is going to fall on my property not theirs the result is that I spent a lot of money doing the sance followed every guideline that was thrown into my face $25,000 later I've done the walk at the end of the result is that you're going to see a beautifully crafted home that's going to be beside that that's going to be streets scaped to match not dominate what's on that property now but the reason why I put that in there is because I'm not going to go through another building code adjustment that was the advice of the engineers I am not an engineer I am not a surveyor I'm just a VP of sales bottom line is I follow all the rules and I am not some idiot that doesn't take pride of community we live here that house is a beautiful house we maintain it at the end of the day we've done everything right and I'm not going to go back and down on this the bottom line is it's an asset if it was my way it wasn't a thing you're damn right I'd follow Ford's guidelines and I put up 25 homes cuz I can make a lot of money just so you know $4.2 million for that property the way it's structured now 2.5 so I've won the walk and I have no no no inkling to tear that house down or damage it just put in a new part because the lawn that's beside it is a vacant lot I cut it 60 ft by 359 ft and I cut it it's flat grass there's no services on it I know the services and exactly what the guidelines are of course we're going to put a driveway where it's going to be done by code of course we're going to put in the services by code and of course we're going to streetcape because if we're going to have some consistency here how the hell that Dr Dan and how the hell did the optical guy get in a proposed historical district how did that even get approved because that's not streetscape but I can tell you in my guidelines it's streetcap it's in the CLA so I've done the walk so I'd be very interested to see what people have to say I think I've addressed the four things that the person has said prior the bottom line is we're not going to go too close to the Cedars bottom line is that's the maximum footprint but we have no intent to build the maximum footprint okay thank you very much any questions or comments from the committee seeing that maybe I'll just ask staff maybe you can just generally speak about the Heritage work that was done in collaboration with the applicant uh thank you through you the chair um good evening everyone uh so uh I'll just start at the beginning so the property is designated under part four of the entari Heritage act uh because of this and the proposal they required a Heritage permit um so we went through that process as a part of the Heritage permit um we asked for a Heritage impact assessment in accordance with official plan policies um in accordance with the official plan policies we also asked for a tree preservation plan and um I noted the Heritage permit was required as a part of the um official plan and the on Heritage act as well um and then we went forward with that process and so we put some conditions in place uh this is kind of a unique site it was designated in 1986 and the way the designation bylaw works it's based on coordinates um so the idea is that we would leave the designation on place on the parcels until the new house is built so that when the new house is built they require a Heritage permit and then it'll be through the Heritage permit that we can look at the more uh detailed aspects which would be um some of the things Ron had mentioned we want it to be compatible with the Heritage building subordinate to the Heritage building and distinguishable from the Heritage building and so we can achieve that through the Heritage permit um that would be required for the new house and then um following that step we'll amend the designation bylaw to adjust it to be only the remnant parcel with the original bosaw house um and then we'll be putting an easement over the property this is a condition of the Heritage permit and one being recommended tonight as well um and the idea is that this easement would remain on the parcel until the designation bylaw appeal period is over and that would remove any vulnerability of the site losing any of its protections under the Heritage act and then we will remove that ease afterwards so that even if it was appealed we still have some type of protection on the property um so that's the uh strategy that the Heritage staff has recommended and that was endorsed by Heritage committee and approved by Council and so that's a part of that conditional permit with that um there's also some recommendations in the Heritage impact assessment that teach speaks to in between the two houses the introduction of vegetative screening and things like that to help soften it into the landscape and then I Al also worked quite a bit with the property owner um and the kind of space that we had to work with with the idea to retain as much for uh mature vegetation as possible and the idea of that was we'd have the new modern layer come in and the vegetation could be used uh to soften the introduction of that modern layer in the landscape and so through this strategy I'm very confident that the cultural heritage in the area will be um conserved and protected okay thank you very much is there anyone in the audience that wishes to speak to this matter if you just come to the podum give your name and address for record please thank this one it's on for you oh it is okay thanks uh it's Marilyn POC I live at 142 Peach Tree Lane um so our backyard butts up against Barb and Ron's backyard so I just had a couple of questions um just wondered if they have any idea when the house would be built um um the other one is when they are building would there be some sort of a construction fence put along the chain lick fence just to keep the dust out of the yard best it can um I think the question's been answered about the Cedars it sounds like they're stting which we want for privacy and the other thing is is once the house is built um because our backyard would face their backyard is there any other structures that they see in the future that they could be building that would um sort of obstruct our view and privacy and that's it okay thank you okay and anyone else from the audience have any questions or comments yep please come forward through you chair my name is Cindy Toth I reside at uh 20 Bernice court with AB but the very rare of the property that is intended to be severed proposed tonight we are not objecting to the severance I think in reading the report that seems to be quite uh thorough thank you for the Heritage perspective and all the conditions that are represented to make sure that the house is set back a new house would be set back so that the view of the existing house is retained that you've got conditions in there so that there would be these same kind of look and feel of Heritage within that site I expect that would come forward when there would be a site plan so that you would actually show the footprint of the house so I'm not sure what is shown on the plan when that is not the proposed house if um but maybe that could be clarified uh uh afterwards it is good um that I notice there is a provision for any fencing around the property to be natural potentially chain link or or plantings we enjoy the backyard Cedars we have a chain link back there that's a very naturalized environment that we see looking forward to to Main Street and we're glad that that could potentially be maintained except there is a line in the report that said that a privacy fence could be installed other areas a board- onboard fence is not allowed on the right uh east and west side of the proposed severed property but on the back it sounds like that would be allowed and we would prefer to have a more naturalized uh retention of the the chain link plus the Cedars um and other than that I think we would like to be kept informed of what is planned in terms of the the you know lot drainage plan and um again clarification if this building site is or the building area is that the building envelope or is that that okay it's it's the envelope it's not the actual uh residence so that that clarifies that um so I think that's the main points that I uh wanted to bring forward um we do appreciate actually first in format foremost that it is a single residential dwelling and I'm not sure how that got solidified in the report but that very much our you know our concern has been watching the surveying going on in the property that there would be uh you know great respect for the uh look and feel of the neighborhood okay thank you anyone else in the audience have a yeah give your name address the record please good evening and thank you for allowing me to speak I'm Pamela Evans 72 Main Street East um I'm a former member of the Heritage committee and I met Ron um a couple years ago he had applied for the Heritage committee and unfortunately he was not uh selected he would have been the only member on the committee that had a designated house I live in an older home and the one thing I found with um Heritage is that there's an ownership in the community that um is is a little Above and Beyond at times so the purpose of the Heritage Act is recognition if if I'm not mistaken to Heritage it's not about giving ownership and Ron and I when we met um I decided to withdraw and uh leave the Heritage committee and Ron and I have joined forces to pursue tax incentives and grants for Heritage homeowners in 2015 Grimsby was awarded the Prince of Wales award for a 95% retention rate of of I believe it's pre1 1939 homes we still have that retention rate and up until a couple years ago there were only 32 homes in Grimsby designated that is owner interest Ron's property originally the bosea property would have gone to the lake as you read in the report there many homes that have been built on this property and there's always the concern of about the views the concern of The View would be from Main Street East only and he could have um applied to pursue a town home complex on here and with the new rules of Bill 23 he could have pursued it to the O likely and obtained that Barb and Ron have shown nothing but respect about Heritage designation and this one property going into theirs it is also a nice way of of these Heritage properties having soft infill in our community not everyone wants to move into a condo there are still those people that want to build a home and um you know the comment earlier about renters and children I we're a community and I've lived here a long time entitlement is really sad to see how it's brewing in this community um there should be nothing against renters it's sad to say that people can't afford to buy a home nowadays um are we going to tell people to stop having children because that is what we we steamroll into this man and his wife have shown nothing but respect there's 35,000 in terms of Grants there are now close to a 100 homes that have been designated in Grimsby um I had a price done on my roof a few years back I had a price on Cedar and I had a price on price on an engineered roof the cedar roof was $140,000 the engineered roof was like 30,000 I also have squirrels that would love to chew on that cedar roof so there's implications that come with designation and at no time he bought a house that's designated he bought into everything that comes with the designation this lot being severed is likely the final piece to um many that have come off and many neighbors that have built onto these uh property and I think it's very responsible and I also know the challenges that come with selling these homes there was there's one on Main Street East that's been on the market for over two years it just sold and it's a shame because we're constantly told our homes hold their value um what they don't take into consideration is the amount we have to put into replacing items in these homes it costs us five times the amount and I can't make $1 go further than anyone else can so I appreciate your time and I truly hope that you will um move forward with this application and I'm thankful thank you okay thank you is there anyone else in the audience has any comments or question question if not uh oh yeah sorry just give your name and address for the record please sorry okay it is Mr chair members of the committee my name is Katherine Fleming gonson I own the property at 256 Main Street East which is essentially across the road from this wonderful gentleman who is a Heritage property owner and obviously loves and respects it I knew this day was going to come a long time ago and I think that the severance is should absolutely be granted and I hope and pray you have the opportunity to recover the 25,000 you had to invest in Heritage impact reports and so on sir I want to applaud you and appreciate you very much for your commitment to preserving Heritage in the town thank you can I respond y than yeah there was I kind of jotted down three kind of questions one was when will the house be built there was other construction fence and just fencing in general and future structures there's no final date in when we're going to build a house oh there's no final date our plans are that we love our house I'm not retired yet my wife's retired she closed down a very successful B&B here for 22 years and Contra what lot of people say b&bs are a good part of this because it brings people to this community bottom line is this community is a beautiful Community that's why we moved here at the end of the day we have no intent to ruin sight lines that's why the Cedars are staying where they are bottom line is that when we said that we were going to build structures we're going to follow the guidelines we know where the driveway can go we know that there's some things that have to be finagled about the fact that do we put the garage at the side or at the front or whatever else those are all things that have to be talked about I've shown Bianca and and Walter Walter sorry it's been a long day spending time with my bosses is a long day bottom line is that they know they're helping me because I'm not an expert at it bottom line is I'm following the guidelines if I didn't I wouldn't I wouldn't be here the final result is the fact is the reason why that footprint is as big as it is is that that's the maximum I can build within the confines of what the codes call for that's what my surveyor said the pictures of the houses that I've shown that if we build are much smaller and they're going to be further from that cuz we're I'm getting older I don't want to clean a big house and I sure as hell don't want to maintain a big house I've done that for 25 years and trust me I do it myself I like doing it my wife does the flowers bottom line is I've invested in the community I put my money where my mouth is I am not bitching about Heritage cuz we came in looking at it and saying this is what we want to do the result is this is the way to backfill put in responsible housing a family can live in that or if we live in it someone will buy my house at a reduced price because I don't need all of it out of that I've got two lots that's the financial portion but the the same time some person's going to be very lucky living on that property if it's not me somebody else on my property cuz that's not changing the same sight lines are going to stay I'm not cutting any trees down so why I have an arborous report if there's a tree damaged we'll cut it hopefully that answers all your questions and concerns and we'll we we'll let you know through the town when we're going to build and what we're going to build but I can tell you it's not going to be a flat roof it's not going to be steel it's not going to be non- siding it's going to be a combination of products that match the landscape that goes into that Community that's all I got to say okay thank you very much any other further questions or comments from the committee question through you Mr chair um Mr Vel are you you're aware of the conditions that they're imposing are you supportive of those or do you have any concerns about those yeah look I know that I have to do a drainage thing that's fine bottom line is bottom line is I don't want water flowing all over the place it's a flat piece of property so that's whatever happens is going to happen number two I trust that whoever's building is going to put environmental fencing around the Sid so the dust stays down hopefully better than Landmark did with my house because they built all those houses and when they cut the foam and all into my pool I didn't complain about that either I should have but I didn't bottom line is that I'm familiar with that I know the driveway has to be to code and where it's going to be it can't be to this side or that side it's got to be where it's going to fit the drainage I think there was one other thing Serv all the services that are on that property are clearly defined right now right there's one cable line that runs for about 3 ft onto that property and that will have to be moved uh what about the two and number two and three the Heritage easement U being designated and lifted you're okay with that I'm okay with that in the fact that as long as that easen doesn't affect me financially whatever because people Banks get scared of e Heritage bottom line is is that it's I do not want the town to get an inch and take a foot right because that's usually what happens well I would be concerned too I'm just wondering if there's is I a bit of a concern and I'm the bottom line is that look I do not want to be financially strapped again in term not financially strapped financially impacted by some easement that's going to hold that up at the end of the day the easement if there's something in writing I want my lawyer to look at it m because the bottom line is I'm not that's why I have a lawyer so I want to make sure that that does not impact financially on any impact that I have because the bottom line is I've been impacted enough well I'm just wondering how open-ended is that this is like can they just drag you out for two years because they don't like the look of the billing you're proposing that would be my concern as a private owner I commend you for doing all this work taking on all this cost but it's pretty open-ended the town can just come along well we don't like what you've done here I mean that's got to be something that's got to be clarified maybe you can that's my concern is that it can be dragged on at your cost yeah that's not going to happen uh through the chair uh maybe I can provide some clarification so the eement wouldn't be put in place until the law the designation bylaw was amended it's not being put in place to build the house so the way the designation byla is right now um it's coordinate it's the coordinates it's not uh the legal description of the site and so because of this we can actually leave the overlay of protection on the site so that when the new house is built they apply for Heritage permit per and we have to provide an answer on the Heritage permit in 90 days to the property owner um and then the easement would be after the house is built we'd be removing the protections from the severed parcel from the new yeah and so the extense of the easement basically would be and it's an agreement actually drafted between the property owner and the town so Ron has to agree to everything that's in the agreement and it's just uh an interm protection during that appeal period so as long as everything lines up it probably would only be in place for like 30 days and then it will be removed yeah my feelings are that and then I was just also going to add um that's also what was in the recommended um Heritage permit that was approved by Council so that's one of the Heritage permit conditions as well look I working Walter and I've been working with bianc and Walter and some of the other people on the the planning committee and the result is we want to do it right at the end of the day I think we've done it right we follow the guidelines and at the same time I think it's a benefit to the community and result is that a win-win okay thank you any further questions or comments from the committee oh someone in the audience want to speak yeah one last so your name and address for the record please one these buttons here we are John alen uh I sold the house to barbon Ron in 19 oh boy 2003 I think it was yeah we we had bought that home in ' 82 separate off lots for peach tree to add to theirs and to do that I had to fight for the town W the eeman on the creek on the west side which there is an Ean in the partment now but guess what that Creek's gone it's buried underneath venberg drive now so there's no no need for that easement and when we moved in there we had heard rumors that uh the previous owner had uh gone for a plans so I went to car T how and St Catherine's asked them they have any plans for future building Lots in our property and they uh initially when I asked secretary he says just a minute and she went and got the boss and the guy says who are you I said I just bought the property oh okay he says I'll give you the plan cuz whoever laid him out well I know who laid him out but I won't mention his name there was five Lots in that front yard and the house still existed with five Lots right to out to number eight but uh where was I going to this now yeah so Ron wanting to put one lot of a nice size in there is not a problem and the eement like I say the easement isn't even in need for it now as far as the the creek goes because it's gone just wanted to say that and I'm I'm glad to see they want to maintain the property and they done a good job on it but we had we had some fun years here ourselves thank you okay thank you very much any further questions or comments from the committee seeing none is there a motion on the disposition of the application I'll make that motion the sheet sorry okay I like would like to make a motion resolve that consent application b0424 for 245 Main Street East to sever 279 meters of Land showing the propos or provided sketch as part one and to retain 3713 Square MERS of land shown on the provided sketches part two be approved with conditions as follows um do you want me to read them all for the uh if yeah that's I think they well the standard um Severance conditions and then the Heritage recommendations the servicing plan the entrance permit and the lot grading and drainage plans which were all described in detail okay thank you so let moved by Kevin do you have a second here Dan any further discussion on this motion seeing none all those in favor say I raise your hand POS if any so your application was approved it's subject to the appeal period before it becomes final unbinding thank you okay do you want to do business want okay okay so that concludes our meeting for this evening the next meeting the committee adjustment will be held on September 17th 2024 this meeting is adjourned thank you for your coming everyone thank you recording stopped