DEMOLITION ORALTERATIONAPPROVAL 9.3.4.1 b) Requiring any person who proposes to demolish or alter a designated heritage property to submit plans to Council for approval under the Ontario Heritage Act;
MODIFICATION APPROVAL 9.3.4.1 c) Requiring that, prior to approval of any alteration, partial demolition, removal or change in use of a designated heritage property, the applicant demonstrate that the proposal will not adversely impact the heritage significance of the property and/or its Heritage Conservation District;
CHAPTER 11 TOOLS
11.6.6 Minor Variance Policies
COMMITTEE OF ADJUSTMENT 11.6.6.1 Council has appointed a Committee of Adjustment pursuant to the Planning Act to consider applications for minor variance from the Zoning By-law(s) and/or any other by-law that implements the Official Plan.
EVALUATION CRITERIA 11.6.6.2

When reviewing an application for minor variance the Committee of Adjustment shall be satisfied that:

  1. The general intent and purpose of the Official Plan is maintained;
  2. The general intent and purpose of the By-law being varied is maintained;
  3. The variance is minor in nature; and
  4. The variance is desirable for the appropriate use of the land, building or structure.
TERMS & CONDITIONS 11.6.6.3 The Committee of Adjustment may attach such terms and conditions as it deems appropriate to the approval of the application for a minor variance.
AGREEMENTS WITH MUNICIPALITY 11.6.6.4 The Committee of Adjustment may require the owner of the land to enter into one or more agreements with the Municipality dealing with some or all of the terms and conditions of its decision. An agreement may be registered against the land to which it applies and the Municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land

RISK ANALYSIS:

There is some risk in permitting ADUs in both the principal building and an accessory structure. Risk related to flooding in ADUs located within basements has been minimized by prohibiting them within the floodplain and requiring mitigation measures in basement units outside of the floodplain (e.g. downspout disconnection, sump pump, and backflow prevention valve).