On August 5, 2020, Rosati Development Corp. submitted an application for Site Plan Control approval (R-005/20; SPC-005/16) for the development. Administration reviewed the application and provided Draft Approval on August 28, 2020. Final approval is subject to the applicant satisfying their conditions outlined in the Draft Site Plan Approval Letter.

Rosati Development Corp. is now requesting changes to the Site Plan Control application that will require the granting of a Minor Variance as follows:

1. Relief from Section 25.5.50.5 to permit a reduction in the size of the Landscaped Open Space Island to 2.10m from the required 2.50m.

2. Relief from Section 25.5.20 to permit reduction in setback from the road to 1.4m, current requirement is 3.0m;

The changes were not requested at the time of the Zoning By-Law amendment application as the detailed final design of the site followed Development and Heritage Standing Committee review. Minor amendments of final plans are frequently required and can occasionally result in the requirement for a minor variance.

In situations where a proposed minor variance does not contravene the intent of the recent zoning by-law amendment, Council has the option to approve a resolution permitting the application to proceed to the Committee of Adjustment. As such, the applicant has made a request of Council by way of the City Solicitor, City Clerk, and the Planning Department in accordance with Section 45 (1.4), to permit such a resolution to be passed.

Planning Act

The Planning Act provides the basis for the establishment of a Committee Adjustment to evaluate requests for relief from regulations of a Zoning By-law.

“ Section 45 (1) The committee of adjustment, upon the application of the owner of any land, building or structure affected by any by-law that is passed under section 34 or 38, or a predecessor of such sections, or any person authorized in writing by the owner, may, despite any other Act, authorize such minor variance from the provisions of the bylaw, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure, if in the opinion of the committee the general intent and purpose of the by-law and of the official plan, if any, are maintained. R.S.O. 1990, c. P.13, s. 45 (1); 2006, c. 23, s. 18 (1); 2009, c. 33, Schedule 21, s. 10 (11). ”

Section 45 (1.3) states that “Subject to subsection (1.4), no person shall apply for a minor variance from the provisions of the by-law in respect of the land, building or structure before the second anniversary of the day on which the by- law was amended.”