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TAKE NOTICE that the Council of the Corporation of the City of Welland will hold a public meeting on the 18th day of December, 2018, at 7:00 p.m. in the Council Chambers (60 East Main Street) in order to consider a proposed increase in fees under Section 7 of the Building Code Act.

PURPOSE AND EFFECT – The City of Welland is proposing to amend By-law 2006-193, Establish and Regulate Fees and Charges By-law following a review of the building permit fees under Section 7(b) of the Building Code Act. The effect will be to modify the Fees and Charges By-law and increase the existing fee structure.

Information will be provided at the meeting on the estimated costs of enforcing and administering the Building Code Act, the amount of the proposed fee(s) and the rationale for changing (and/or imposing) fees.

ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed fees.

Dated at the City of Welland this 27th day of November, 2018

Jack Tosta, Chief Building Official
City of Welland
60 East Main Street, Welland, ON, L3B 3X4
Telephone: (905) 735-1700 x 2242 Fax: (905) 735-8772
Email jack.tosta@welland.ca

1 FILE NO. OPA 19

A complete application for Official Plan Amendment (File No. OPA 19) has been submitted by ZELINKA PRIAMO LTD on behalf of CANADIAN TIRE REAL ESTATE LIMITED for lands legally described as Lot 2, Plan 59M377, Welland; S/T Easement in gross as in SN240644; S/T easement in gross as in SN240645; subject to an easement of LT 2PL 59M377 in favour of LT 1PL 59M377 as in SN264720 (easement SN264720 released as to PT LT 1 PL 59M377, PTS 6-11, 59R14084 as in SN292812); together with an easement over LT 1PL 59M377 as in SN264720 (easement N264720 released as to PTS 6-11, 59R14084 as in SN292811) Lot 3, Plan 59M391; Subject to an Easement as in SN241892; Subject to an easement as in SN241893; City of Welland Lot 4, Plan 59M391; Subject to an Easement as in SN241892; Subject to an easement as in SN241893; City of Welland, municipally known as 210 Primeway Drive and 790 River Road, to allow lands designated as GATEWAY ECONOMIC CENTRE to be redesignated to SITE SPECIFIC GATEWAY ECONOMIC CENTRE to be used for a home an auto supply store with a maximum gross floor area of 5,550 square metres on the subject parcels. This will enable the existing home and auto supply store on lands known municipally as 158 Primeway Drive to be expanded onto the vacant lands. An application for Zoning By-law Amendment (File No. 2018-06) has been submitted in conjunction with this application. A copy of the proposed Official Plan Amendment will be available for viewing on October 5, 2018 in the City of Welland Infrastructure and Development Services - Planning Division.

2 FILE NO. 26CD-14-18006

A Complete Application for Plan of Vacant Land Condominium has been submitted by BETTER NEIGHBOURHOODS on behalf of CAIRNWOOD HOMES for lands legally described as PT LTS 50-55 (INCLUSIVE) PL 942; PT LTS 60, 72, 73, 74 PL 942; LTS 56-59 (INCLUSIVE) PL 942; LT 75 PL 942; PT LANE PL 942 (AS CLOSED BY BYLAW BL126; PT TRUFAL AVE PL 942 (FORMERLY SIXTH AVENUE E, AS CLOSED BY BYLAW 209) PTS 1, 2 & 8 ON 59R14639; SUBJECT TO AN EASEMENT IN GROSS OVER PT TRUFAL AV PLA 942 PTS 2 & 8 59R14639 AS IN SN339646, LTS 50-75 PL 942; LAN PL 942 (AS CLOSED BY BYLAW BL126) LYING N OF ST. GEORGE ST & BTN PERENACK AV & TRUFAL AV; PT TRUFAL AV PL 942 (FORMERLY SIXTH AVENUE E, AS CLOSED BY BYLAW BL209) LYING BTN BROADWAY AV & ST. GEORGE ST, AS IN BB70041 (#10) EXCEPT PTS 1, 2, 5, 6, 7 & 8 59R14639; SUBJECT TO AN EASEMENT IN GROSS OVER PT TRUFAL AV PL 942 (FORMERLY SIXTH AVENUE E, AS CLOSED BY BYLAW BL209) LYING BTN BROADWAY AV & ST. GETORGE ST, PT 1 59R12186 AS IN SN339646; PT TRUFAL AV PL 942 (AS CLOSED BY BYLAW BL209) PT 3 59R14639; PT TRUFAL AV PL 942 LYING BTN BROADWAY AV & ST. GEORGE ST (AS CLOSED BY BYLAW BL209) EXCEPT RO370206 & BB70041 & EXCEPT PT 1, 59R12539, EXCEPT PTS 3 & 4 59R14639; LTS 45 & 46 PL 942; CITY OF WELLAND, municipally known as 170 Broadway Avenue and 29 Perenack Avenue, on the south side of Broadway Avenue, east side of Perenack Avenue, north of St. George Street, the former site of Welland South Public School. The proposal has been made to construct 37 townhouse condominium units on the property, with an internal, private laneway. This has been submitted in conjunction with a Zoning By-law Amendment (File No. 2018-05).

3 FILE NO. 2018-05

A Complete Application for Zoning By-law Amendment was submitted by BETTER NEIGHBOURHOODS on behalf of CAIRNWOOD HOMES for lands legally described as PT LTS 50-55 (INCLUSIVE) PL 942; PT LTS 60, 72, 73, 74 PL 942; LTS 56-59 (INCLUSIVE) PL 942; LT 75 PL 942; PT LANE PL 942 (AS CLOSED BY BYLAW BL126_; PT TRUFAL AVE PL 942 (FORMERLY SIXTH AVENUE E, AS CLOSED BY BYLAW209) PTS 1, 2 & 8 ON 59R14639; SUBJECT TO AN EASEMENT IN GROSS OVER PT TRUFAL AV PLA 942 PTS 2 & 8 59R14639 AS IN SN339646, LTS 50-75 PL 942; LAN PL 942 (AS CLOSED BY BYLAW BL126) LYING N OF ST. GEORGE ST & BTN PERENACK AV & TRUFAL AV; PT TRUFAL AV PL 942 (FORMERLY SIXTH AVENUE E, AS CLOSED BY BYLAW BL209) LYING BTN BROADWAY AV & ST. GEORGE ST, AS IN BB70041 (#10) EXCEPT PTS 1, 2, 5, 6, 7 & 8 59R14639; SUBJECT TO AN EASEMENT IN GROSS OVER PT TRUFAL AV PL 942 (FORMERLY SIXTH AVENUE E, AS CLOSED BY BYLAW BL209) LYING BTN BROADWAY AV & ST. GETORGE ST, PT 1 59R12186 AS IN SN339646; PT TRUFAL AV PL 942 (AS CLOSED BY BYLAW BL209) PT 3 59R14639; PT TRUFAL AV PL 942 LYING BTN BROADWAY AV & ST. GEORGE ST (AS CLOSED BY BYLAW BL209) EXCEPT RO370206 &BB70041 & EXCEPT PT 1, 59R12539, EXCEPT PTS 3 & 4 59R14639; LTS 45 & 46 PL 942; CITY OF WELLAND, municipally known as 170 Broadway Avenue, 29 Perenack Avenue and 48 St. George Street, located on the south side of Broadway Avenue, east side of Perenack Avenue, and north side of St. George Street, the site of the former Welland South Public School. Application has been made for the following modifications to the RM Zone: 0m side yard setback for accessory structures; allow four dwelling units to front onto a walkway with driveway access via a private laneway; eliminate the requirement for a snow storage area; allow for a reduced parking space width of 2.4 metres; eliminate the requirements for bicycle parking; allow for a minimum driveway width of 2.4 metres; allow for a front yard setback of 2 metres for both the house and garage; allow for a minimum rear yard of 2 metres; to allow a required parking space to be setback 2 metres from a street line; to allow a lot frontage of 3.7 metres; and, to treat all units as street townhouses with garage access from lane. The following amendments to the RL2 Zone are requested: to allow an accessory structure in the front yard (pergola); to allow an accessory structure to have a front yard setback of 1.1 metres; to allow a lot coverage of 12% for an accessory structure; to allow opened or roofed porches to encroach into the front yard 1.7 metres; to allow a pergola in the front yard; to allow a pergola to have a maximum lot coverage of 12%; to allow a parking space to be located 1.1 metres from the lot line; and, to allow a front yard setback of 3 metres for a single-detached dwelling. These amendments have been made to allow the construction of a 37 unit Plan of Vacant Land Condominium on 170 Broadway Avenue and 29 Perenack Avenue, and the construction of a single-detached dwelling on 48 St. George Street. The application for Zoning By-law Amendment has been submitted in conjunction with an application for Plan of Vacant Land Condominium (File No. 26CD-14-18006) and two applications for Consent (B016/2018WELL & B017/2018WELL).

4 FILE NO. 2018-06

A Complete Application for Zoning By-law Amendment has been submitted by ZELINKA PRIAMO LIMITED on behalf of CANADIAN TIRE REAL ESTATE LIMITED for lands legally described as Lot 2, Plan 59M377, Welland; S/T Easement in gross as in SN240644; S/T easement in gross as in SN240645; subject to an easement of LT 2PL 59M377 in favour of LT 1PL 59M377 as in SN264720 (easement SN264720 released as to PT LT 1 PL 59M377, PTS 6-11, 59R14084 as in SN292812); together with an easement over LT 1PL 59M377 as in SN264720 (easement SN264720 released as to PTS 6-11, 59R14084 as in SN292811); Lot 3, Plan 59M391; Subject to an Easement as in SN241892; Subject to an easement as in SN241893; Lot 4, Plan 59M391; Subject to an Easement as in SN241892; Subject to an easement as in SN241893; City of Welland, municipally known as 158 and 210 Primeway Drive and 790 River Road. The lands are located on the east side of Primeway Drive, north of Woodlawn Road, south of River Road and west of Highway 406. Request has been made to amend the Site Specific C4-X13 (Zoning By-law 2667) to permit the following: increase the current "Maximum Home and Auto Supply/Home Improvement Store" from 9,379 square metres to 11,750 square metres; increase the current "Total Maximum Gross Leasable Floor Area for Site" from 30,004 square metres to 32,500 square metres; decrease the minimum required parking spaces from 3.75 parking spaces per 93 square metres of building area to 2.5 parking spaces per 93 square metres of building area; permit a Minimum North (rear) Yard of 0 metres; permit a Minimum Landscaped Open Area of 5%; permit 6 accessible parking spaces as existing, instead of the 12 required; allow the existing 2 loading spaces to be relocated to 210 Primeway Drive and 790 River Road, and therefore providing 0 loading spaces in the C4-X13 Zone instead of the required 2; and, the Minimum Landscaped Open Space and the Minimum Required Parking Spaces apply to lands known municipally as 158 Primeway Drive. Application has also been made to amend the Site Specific GEC-13 Zone (Zoning By-law 2017-117) to permit the following: in addition to any GEC use, a home and auto supply store is permitted, with a maximum Gross Floor Area of 5,550 square metres; permit a minimum rear yard of 0 metres; to permit a minimum side yard of 4 metres; and, permit 0 barrier free parking spaces. The subject application for Zoning By-law Amendment has been submitted in conjunction with an application for Official Plan Amendment (File No. OPA 19) for 210 Primeway Drive and 790 River Road.

A Public Information Meeting, to be held by City Staff, has been scheduled for 7:00 P.M., Thursday, November 8, 2018 at the Civic Square, Community Room, 60 East Main Street, Welland.

A Statutory Public Hearing in accordance with the requirements of the Planning Act will be held by Council at 7:00 P.M., Tuesday, December 18, 2018 at the Civic Square, Council Chambers, 60 East Main Street, Welland.

Interested parties are invited to attend these public meetings to express their opinions on the Applications. In addition, interested parties are invited to submit written comments to the undersigned concerning the Applications. All submissions will be presented to City Council.

If a person or public body would otherwise have an ability to appeal the decision of the City of Welland to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Welland before the By-law is passed, or before the proposed Official Plan (or Official Plan Amendment) is adopted, or in respect of the proposed Plan of Subdivision or Plan of Condominium before the approval authority gives or refuses to give approval to the Draft Plan of Subdivision or Draft Plan of Condominium, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Welland before the By-law is passed, or before the proposed Official Plan (or Official Plan Amendment) is adopted, or in respect of the proposed Plan of Subdivision or Plan of Condominium before the approval authority gives or refuses to give approval to the Draft Plan of Subdivision or Draft Plan of Condominium, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

If you wish to be notified of the Decision of the City of Welland on the proposed Zoning By-law Amendment, or the proposed Official Plan Amendment, or in respect of the proposed Plan of Subdivision or Plan of Condominium, you must make a written request to the City of Welland, 60 East Main Street, Welland, Ontario. L3B 3X4.

For a copy of the proposed development or for more information about this matter, including information about preserving your appeal rights, contact Rachelle Larocque, Planning Supervisor, Infrastructure and Development Services - Planning Division, City of Welland, Civic Square, 60 East Main Street, Welland, Ontario, L3B 3X4, phone 905-735-1700, Extension 2310, Email rachelle.larocque@welland.ca or fax to 905-735-8772. Additional information will be available after November 9, 2018.

Dated: October 4, 2018

Grant Munday, B.A.A.
Manager of Development Approvals
Infrastructure and Development Services

map for 2018-06 and OPA

map for 26CD-14-18006 and 2018-05

Planning Act, Chapter P.13, Section 45(1), R.S.O. 1990

1 FILE NO. A19/2018

Owner: Mark David Melloni, Lynn Marie Melloni, Mark Anthony Melloni, Haaf Investments Inc.
Location: 144A Thorold Road
Purpose: Variances requested from Zoning By-law 2017-117 as follows:
Sections 3.5 and 5.21 and Table 7.3.1 - To not treat the split/multiple Zone line as a lot line and to permit a minimum east side yard to such Zone line of 0 metres instead of 1 metre.
Sections 3.5 and 5.21 and Table 8.3.1 - To not treat the split/multiple Zone line as a lot line and to permit a minimum west side yard to such Zone line of 0 metres instead of 3 metres.
Table 7.3.1 - To permit a minimum rear yard of 4.7 metres instead of the required 6 metres.
Table 8.3.1 - Footnote (2) - To permit a minimum interior side yard abutting a Residential Zone of 4 metres instead of the required 4.5 metres.
The subject land is also subject to Consent Application File No. B013/2018WELL.
PLEASE NOTE: This Notice has been revised to reflect changes to the variance requests and to reflect a new Hearing date.
EXPLANATORY NOTE: The proposed lot contains 2 Zones (RL2 and CC2-32). Relief is requested in order to permit a 20 unit townhouse condominium development. The existing building will be removed.

2 FILE NO. A20/2018

Owner: Donald Couture and Alexis Cathcart
Location: 436 McAlpine Avenue
Purpose: Variances requested from Zoning By-law 2017-117 as follows:
Section 6.1.6 a) v) - To permit the parallel parking space to be 5.3 metres by 3 metres instead of the required 6 metres by 2.75 metres.
Section 6.9.1 a) - To permit a required parking space on a lot with an existing two-unit dwelling to be located 0 metres from the street line instead of the minimum distance of 5.5 metres from the street line.
EXPLANATORY NOTE: Relief is requested in order to permit a parallel parking space within the front yard to be at the street line and of a reduced size.

Key maps identifying the location of the subject lands for each Application are shown.

A Public Hearing will be held by the Committee to consider these Applications at 5:00 P.M., Wednesday, December 12, 2018, at the Civic Square, Council Chambers, 60 East Main Street, Welland.

You are entitled to attend this Hearing in person to express your views on the Applications. If you wish to make written comments on any Application, they may be forwarded to the Secretary-Treasurer of the Committee at the address shown below. If you do not attend this Hearing it may proceed in your absence and except as otherwise provided in the Planning Act, you will not be entitled to any further notice in the proceedings.

The Applicant or their Agent must be present at the Hearing.

A copy of the Decision of the Committee will be sent to the Applicant and to each person who appeared in person or by Counsel at the Hearing and who has filed with the Secretary-Treasurer a written request for the Notice of Decision. Submitting a written request for the Decision will also entitle you to be advised of a possible Local Planning Appeal Tribunal Hearing should the Decision be appealed by the Applicant or another member of the public.

For more information about this matter, contact the Secretary-Treasurer, City of Welland Committee of Adjustment, 60 East Main Street, Welland, Ontario, L3B 3X4. Telephone 905-735-1700, Extension 2258, FAX 905-735-8772, Email christine.rossetto@welland.ca

Additional information regarding the Applications will be available to the public for inspection in Infrastructure and Development Services - Planning Division weekdays between 8:30 a.m. and 4:30 p.m.

Dated November 29, 2018

Christine Rossetto,
SECRETARY-TREASURER

map for A19/2018

map for A20/2018