COMMITTEE OF ADJUSTMENT
AGENDA

Wednesday, August 07, 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 941 7660 8393 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 A32-2024 - 9 Garden Avenue, 2024-411 - DEFERRAL

Agent - King Homes Inc

Applicant/Owner - Ken Bekendam

• 1. THAT minor variance application A32-2024 seeking relief from Section 7.9.4.79.2.1 to permit a minimum lot area of 102 m²/unit, whereas 153 m²/unit is otherwise required, BE REFUSED;
  2. THAT the reasons for the refusal of the minor variance are as follows: the proposed variance is in keeping with the general intent and purpose of the Official Plan, however the relief requested is not considered minor in nature, is not desirable for the appropriate development and use of the subject lands, nor does it maintain the purpose and intent of the Zoning By-law; and,
  3. THAT minor variance application A32-2024 seeking relief from Section 7.9.4.79.12 to permit a parking ratio of 1.11 spaces/unit, whereas 1.5 spaces/unit is otherwise required, BE REFUSED;
  4. THAT the reasons for the refusal of the minor variance are as follows: the proposed variance is in keeping with the general intent and purpose of the Official Plan, and desirable for the appropriate development and use of the subject lands, however the relief requested is not considered minor in nature, nor does it maintain the purpose and intent of the Zoning By-law; and,
  5. 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 submission received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report No. 2024-411.”

3.2

Application B15-2024 & A15-2024 - 111-113 Pearl Street, 2024-201 - DEFERRAL

Agent - The Angrish Group

Applicant/Owner - Kevin Walchuk (111 Pearl Street), Donna Ferrier (113 Pearl Street)

• 1. THAT application A15-2024 seeking relief from Sections 6.3.1.1 and 6.3.1.3.3 of Zoning By-law 160-90 to permit an accessory lot coverage of 20.1%, whereas a maximum of 18.7% is otherwise permitted, and to permit the extension of a 0 m rear yard setback, whereas 7.5 m is otherwise required, on the lands municipally known as 111 Pearl Street, BE REFUSED;
  2. THAT the reasons for the refusal of the minor variance application A15-2024 are as follows: the proposed variance is not in keeping with the general intent and purpose of the Zoning By-law, the relief requested is not considered minor in nature nor desirable for the appropriate development and use of the subject lands;
  3. THAT application A15-2024 seeking relief from Section 7.8.2.1.6 of Zoning By-law 160-90 to permit a rear yard setback of 3.32 m whereas 7.5 m is otherwise required, on the lands municipally known as 113 Pearl Street, BE REFUSED;
  4. THAT the reasons for the refusal of the minor variance application A15-2024 are as follows: the proposed variance is not considered minor in nature nor desirable for the appropriate development and use of the subject lands;
  5. THAT Consent application B15-2024 requesting to transfer a parcel of land that is approximately 117.18 m² from the subject property at 113 Pearl Street to the subject property at 111 Pearl Street, BE REFUSED;
  6. THAT the reason(s) for refusal of B15-2024 are as follows: the proposed consent does not comply with the Zoning By-law, and is not desirable or compatible with the surrounding area and will result in adverse impacts on surrounding properties; and,
  7. 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. 2024-201”

3.3

Application A38-2024 - 77 Waldron Street, 2024-434

Agent - MHBC (Stephanie Mirtitsch)

Applicant - LIV (Conklin) LP (Jeff Colyer)

Owner - Telephone City Aggregates Inc

• 1. THAT Minor Variance application A38-2024 seeking relief from Section 7.7.3.10.3.1.5 of Zoning By-law 160-90 for the lands municipally known as 77 Waldron Street to permit a rear yard setback of 0.88 m, whereas 6.0 m is otherwise required, BE APPROVED , conditional upon a minimum interior side yard of 15 m being provided adjacent to 31 Dennis Avenue for any residential use or structure;
  2. THAT the reasons for the approval of the minor variance is 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,
  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 2024-434.”

3.4

Application B28-2024 - 64 Cumberland Street, 2024-474

Agent - J.H. Cohoon Engineering Limited

Applicant/Owner - Estate of Ken & Sylvia Lawrence

• 1. THAT Consent application B28-2024 requesting to sever a parcel of land with an area of 291.42 m² from the subject property municipally addressed as 64 & 64 ½ Cumberland Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-474 as Appendix A;
  2. THAT the reason(s) for approval of B28-2024 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 2024-474.”

3.5

Application B30-2024 & B31-2024 - 410 Hardy Road, 2024-459

Agent - J.H. Cohoon Engineering Limited

Applicant/Owner - 2297742 Ontario Inc.

• 1. THAT consent applications B30-2024 and B31-2024 requesting to sever the subject lands municipally addressed as 410 Hardy Road, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-459 as Appendix A (Lot 2) and Appendix B (Lot 3);
  2. THAT the reason(s) for approval of B30-2024 and B31-2024 are as follows: having regard for the matters under Section 51(24) of the Planning Act, Staff are satisfied that the proposed consent application is desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties; 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 INCLDUED 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. 2024-459.”

3.6

Application A35-2024 - 904 Colborne Street, 2024-450

Agent - Castle Concepts Ltd. (Robert Grundy)

Applicant/Owner - Scott Vet Clinic (Shannon Lee)

• 1. THAT application A35-2024 seeking relief from Section 9.8.2.1.7.2 of Zoning By-Law 160-90 to permit a side yard setback of 3.86 m, whereas 6.0 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 2024-450.”

3.7

Application A37-2024 - 17 Pleasant Crescent, 2024-457

Agent - Bryce Casier

Applicant/Owner - Allen Dickenson

• 1. THAT application A37-2024 seeking relief from Section 4.4 (b) and 9.2 of Zoning By-law 61-16 to permit an accessory building in an exterior side yard, and within 2.7 m of Mount Pleasant Road and within 5.4 m of Pleasant Crescent, whereas a minimum distance of 7.5 m from a public roadway is otherwise required, BE APPROVED; and,
  2. THAT the reasons for the approval of the minor variances are as follows: the proposed variance is in keeping with the general intent and purpose of the Zoning By-law, and the Official Plan, and that 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 statements 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. 2024-457.

3.8

Application B29-2024 & A36-2024 - 32 Niagara Street, 2024-442

Applicant/Owner - Muhammad Mughal

• 1. THAT application A36-2024 seeking relief from Section 7.8.2.1.2.1 of Zoning By-Law 160-90 to permit a lot width of 8.3 m for the severed parcel, whereas a minimum of 9 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;
  3. THAT Consent application B29-2024 requesting to sever a parcel of land from the subject property municipally addressed as 32 Niagara Street, having a lot area of 333.97 m² and a retained parcel of land having a lot area of 472.66 m², BE APPROVED subject to the Conditions of Consent, attached to Report 2024-442 as Appendix A;
  4. THAT the reason(s) for approval of B29-2024 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; and,
  5. THAT pursuant to Sections 53(17)-(18.2) and 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 2024-442.”

4.

Presentations/Delegations

5.

Items for Consideration

5.1

Application A30-2024 - 372 Darling Street, 2024-410, 2024-481

Agent/Applicant - Ken Bekendam

• THAT Clause A listed in Application A30-2024 for 372 Darling Street, previously adopted on July 3, 2024, BE AMENDED to the following:

  1. “THAT minor variance application A30-2024 seeking relief from Section 7.10.2.1.1.1 to permit a minimum lot area of 151 m²/unit whereas 167 m²/unit is otherwise required BE APPROVED.”

6.

Consent Items

6.1

Minutes

6.1.1

Committee of Adjustment - July 3, 2024

7.

Resolutions

8.

Notices of Motion

9.

Adjournment