COMMITTEE OF ADJUSTMENT
AGENDA

Wednesday, May 01, 2024

5:30 P.m. - 6:30 P.m.

Council Chambers, Brantford City Hall

58 Dalhousie Street, Brantford

This meeting will be held in a hybrid format (virtual and in-person). A request to delegate can be completed by visiting the City’s webpage Speaking at a Council Meeting.

To join this hybrid meeting, please call 1-647-374-4685 and enter the Meeting ID 964 8357 0009 or join via Zoom Meetings.

Alternative formats and communication support are available upon request. For more information, please contact the City of Brantford Municipal Accessibility Coordinator at [phone] or .

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1.

Roll Call

2.

Declarations of Conflict of Interest

3.

Statutory Public Meetings

3.1

Application A13-2024 - 27 Brier Place, 2024-204

Agent - Vinlanda Engineering

Applicant/Owner - Bohdan Ilczyna

• 1. THAT application A13-2024 seeking relief from Section 7.2.2.1.5 to permit a portion of the front yard setback of 3.8 m for a portion of the addition, whereas 6 m is otherwise required, BE APPROVED;
  2. THAT the reasons for the approval of the minor variance application A13-2024 are as follows: the proposed variance is in keeping with the general intent and purpose of the Zoning By-law and Official Plan, the relief requested is considered minor in nature and desirable for the appropriate development and use of the subject lands; and,
  3. THAT pursuant to Section 45(8)-(8.2)of the Planning Act, R.S.O 1990, c.P.13, the following statement SHALL BE INCLUDED in the Notice of Decision:

     “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in section 6.2 of Report No. 2024-204.”

3.2

Application A18-2024 - 318 Gillespie Drive, 2024-200

Agent - MHBC Planning c/o Melissa Visser

Applicant/Owner - Losani Homes Ltd. c/o Dianne Ramos

• 1. THAT application A18-2024 seeking relief from Section 7.5.3.6.6 of Zoning By-Law 160-90 to permit a rear yard setback of 5 m for a portion of the lot, whereas 7 m is otherwise required, BE APPROVED;
  2. THAT the reason(s) for approval of the minor variances are as follows: the proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands; and,
  3. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision:

     “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-200.”

3.3

Application B13-2024 - 70-73 Wadsworth Street, 2024-205

Agent - ACI Construction Management c/o Joseph Awad

Applicant/Owner - 2027982 Ontario Inc. c/o Ahmed Al-Ali

• 1. THAT Consent application B13-2024 requesting a boundary adjustment to sever 2,803 m² from the northwest corner of 70 Wadsworth Street, and merge with the lands at 73 Wadsworth Street and retain a parcel of land having a lot area of 4,090 m², BE APPROVED subject to the Conditions of Consent, attached to Report 2024-205 as Appendix A;
  2. THAT the reason(s) for approval of B13-2024 are as follows: having regard for the matters under Section 51 (24) of the Planning Act, Staff is satisfied that the proposed consent application is desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties;
  3. THAT pursuant to Section 53(17) - (18.2) of the Planning Act, R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision:

     “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-205.”

3.4

Application A17-2024 - 415-417 Colborne St., 2024-280

Agent - J.H. Cohoon Engineering Ltd.

Applicant/Owner - GK York Management c/o Niclas-Xaver Kirchberger

• 1. THAT application A17-2024 seeking relief from Section 9.8.2.1.4 of Zoning By-Law 160-90 to permit a height of 11.43 m, whereas a maximum height of 10 m is otherwise required, BE APPROVED;
  2. THAT the reason(s) for approval of the minor variance are as follows: the proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands; and,
  3. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision:

     “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-280.”

3.5

Application B20-2024 - 33 Hampton Street and 848Colborne Street, 2024-279

Agent - J.H. Cohoon Engineering Ltd.

Applicant/Owner - Dudley Lambert LLP c/o John Wiacek

• 1. THAT Consent application B20-2024 requesting to sever previously established lots municipally addressed as 33 Hampton Street and 848 Colborne Street, having a lot area of 810.12 m² and 696.6 m², BE APPROVED subject to the Conditions of Consent, attached to Report 2024-279 as Appendix A;
  2. THAT the reason(s) for approval of B20-2024 are as follows: having regard for the matters under Section 51 (24) of the Planning Act, Staff is satisfied that the proposed consent application is desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties.
  3. THAT pursuant to Section 53(17)-(18.2) of the Planning Act, R.S.O 1990, c.P.13, the following statement SHALL BE INCLUDED in the Notice of Decision:

     “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in section 6.2 of Report No. 2024-279.”

3.6

Application A19-2024 - 93 West Street, 2024-277

Agent - King Homes Inc c/o Ken Bekendam

Applicant/Owner - Veranda Property Investments Inc c/o Shawn Allen

• 1. THAT application A19-2024 seeking relief from Section 9.3.2.9.2 to permit a Gross Floor Area of 50 m² per unit, whereas a minimum Gross Floor Area of 55 m² per unit for a converted dwelling is otherwise required, BE APPROVED conditional upon an Agreement with CN Rail being registered on title;
  2. THAT the reason(s) for approval of the minor variances are as follows: the proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands; and,
  3. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-277.”

3.7

ApplicationA20-2024 - 131 Arthur Street, 2024-268

Agent - Manco Design c/o Julia Mancini

Applicant/Owner - Geoff Palmer

• 1. THAT minor variance application A20-2024 seeking relief from Section 6.3.2.1 of Zoning By-law 160-90 to permit a maximum accessory building height of 5.20 m, whereas 4.50 m is otherwise permitted, BE APPROVED;
  2. THAT minor variance application A20-2024 seeking relief from Section 6.32.4 of Zoning By-law 160-90 to permit no parking space for the proposed Accessory Dwelling Unit, whereas one is otherwise required, BE APPROVED;
  3. THAT the reasons for the approval of the minor variance are as follows: the proposed variance is in keeping with the general intent and purpose of the Official Plan and Zoning By-law, the relief requested is considered minor in nature, and desirable for the appropriate development of the subject lands; and,
  4. THAT pursuant to Section 45(8)-(8.2) of the Planning Act, S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision:“Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of report 2024-268.”

3.8

Application B19-2024 & A21-2024 - 1 and 3 Hart Street, 2024-270, 2024-270

Agent - The Angrish Group c/o Ruchika Angrish

Applicant/Owner - Mark Cioco (1 Hart Street) & Orlando Frizado (3 Hart Street)

• 1. THAT application A21-2024 seeking relief from Section 6.18.3.1 to permit a parking space that is not entirely on the lands for which it is intended, BE APPROVED;
  2. THAT the reasons for the approval of the minor variance are as follows: the proposed variance that would provide relief from Section 6.18.3.1 is in keeping with the general intent and purpose of the Official Plan and Zoning By-law, the relief requested is considered minor in nature and desirable for the appropriate development and use of the subject lands;
  3. THAT application B19-2024 requesting to establish an easement on 1 Hart Street, having an area of 6.71 m² , BE APPROVED; subject to the conditions attached as Appendix A – Conditions of Consent to Report 2024-270,
  4. THAT the reasons for approval of B19-2024 are as follows: the proposed consent has regard for the matters under Section 51(24) of the Planning Act, Staff are satisfied that the proposed development is desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties. The application is in conformity with the general intent and policies of the Official Plan and Zoning By-law; and,
  5. THAT pursuant to Section 45(8)-(8.2) and Section 53(17)-(18.2) of the Planning Act, R.S.O. 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision:
     “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of report 2024-270.”

3.9

Application B18-2024 - 565 Greenwich Street, 2024-271

Agent - Cynthia Baycetich, CB Planning

Applicant - Gord Thomson/ Ingenia Polymers Corp.

Owner - 2427811 Ontario Inc. c/o Carlos Tabuenca

• 1. THAT application B18-2024 requesting to adjust property boundaries between 565 Greenwich Street and 555 Greenwich Street, BE APPROVED; subject to the conditions attached as Appendix A to Report 2024-271,
  2. THAT the reasons for the approval of B18-2024 are as follows: the proposed consent has regard for the matters under Section 51(4) of the Planning Act, and Staff are satisfied that the proposed development is desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties. The application is in conformity with the general intent and policies of the Official Plan and Zoning By-law; and,
  3. THAT pursuant to Section 53(17)-(18.2) of the Planning Act, R.S.O. 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision:

     “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of report 2024-271

4.

Presentations/Delegations [list, if any, available at the meeting]

5.

Items for Consideration

6.

Consent Items

6.1

Minutes

6.1.1

Committee of Adjustment - April 2, 2024

6.1.2

Committee of Adjustment - April 3, 2024

7.

Resolutions

8.

Notices of Motion

9.

Adjournment