COMMITTEE OF ADJUSTMENT
AGENDA

Wednesday, December 06, 2023

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 meeting format, whereby residents can attend virtually or in-person. Registration to view the meeting or participate as a delegate can be completed by visiting: calendar.brantford.ca/meetings.
Alternative formats and communication supports available upon request. For more information, please contact the City of Brantford Municipal Accessibility Coordinator at [phone] or by email at .

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1.

ROLL CALL

2.

DECLARATIONS OF CONFLICTS OF INTEREST

3.

STATUTORY PUBLIC MEETINGS

3.1

Application A35/2023 - 575 Conklin Road, 2023-625

Applicant - Elite M.D. Developments

Agent - Weston Consulting c/o Martin Quarcoopome

• 1. THAT application A35/2023 seeking relief from Section 7.11.2.1.1 of Zoning By-law 160-90 to permit a minimum lot area of 48 sq. m per unit, whereas 50 sq. m per unit is required, BE APPROVED;
  2. THAT application A35/2023 seeking relief from Section 7.11.2.1.3 of Zoning By-law 160-90 to permit a maximum lot coverage of 39%, whereas 35% is required, BE APPROVED;
  3. THAT application A35/2023 seeking relief from Section 7.11.2.1.6 of Zoning By-law 160-90 to permit a minimum rear yard of 11.5 m, whereas 7.5 m plus 1.5 m per storey is required (13.5 m), BE APPROVED;
  4. 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,
  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 submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2023-625”.

3.2

Application A36/2023 - 9 Garden Avenue, 2023-645

Applicant/Agent- Upper Canada Consultants c/o Craig Rohe

Owner - 1000147958 Ontario Inc.

• 1. THAT application A36/2023 seeking relief from Section 2.1.79.2.1 of Zoning By-law Amendment 72-2022 to permit a reduced minimum lot area of 153 m²/unit, whereas 162.5 m²/unit is required, BE APPROVED;
  2. THAT the reasons 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 application A36/2023 seeking relief from Section 2.1.79.2.10 of Zoning By-law Amendment 72-2022 to permit a reduced Landscaped Open Space of 33%, whereas 36% is required, BE APPROVED;
  4. 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, and the relief requested is considered minor in nature and desirable for the appropriate development and use of the subject lands; 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 submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2023-645.”
     

3.3

Application A37/2023 - 83 Victoria Street, 2023-701

Applicant/Owner -1446300 Ontario Limited c/o Grant Tinney

Agent - Underwood Ion & Johnson Law c/o Carolyn Johnson

• 1. THAT application A37/2023 seeking relief from Section 7.8.2.3.3 to permit 49% lot coverage, whereas 40% is the maximum lot coverage, BE APPROVED;
  2. THAT application A37/2023 seeking relief from Section 7.8.2.6 to permit a rear yard setback of 4.6 m, whereas 7.5 m is otherwise required, BE APPROVED;
  3. THAT the reasons for approval of the Minor Variance to grant relief to Section 7.8.2.3.3 are as follows: the proposed variance is 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 desirable for the appropriate development and use of the subject lands; and
  4. THAT the reasons for approval of the minor variance to grant relief from Section 7.8.2.6 are as follows: the proposed variance is 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 desirable for the appropriate development and use of the subject lands; 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 submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2023-701”.

3.4

Application A38/2023 - 156 Adams Boulevard, 2023-702

Agent - RESCo Energy Inc.

Applicant - 2180903 Ontario Inc.

• 1. THAT application A38/2023 seeking relief from Section 6.3.1.6.1 to permit an accessory structure in the front yard, BE APPROVED;
  2. THAT the reasons for approval of the minor variance to grant relief to Section 6.3.1.6.1 are as follows: the proposed variance is 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 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 2023-702”.

3.5

Application A39/2023 - 40 Fen Ridge Court, 2023-704

Agent - Cynthia Baycetich, CB Planning

Applicant - Vicano Construction Ltd.

Owner - GIZEH Packaging NA Inc.

• 1. THAT application A39/2023 seeking relief from Section 10.3.2.1.3.2 of Zoning By-law 160-90 to permit a maximum lot coverage of 44%, whereas a maximum lot coverage of 40% is permitted, BE APPROVED;
  2. THAT the reason(s) for approval of the minor variance are as follows: the proposed variance is 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 2023-704.”

3.6

Application A40/2023 - 8 Sterling St., 2023-709

Applicant - B. Murray

Agent - J.H. Cohoon Engineering Ltd.

• 1. THAT application A40/2023 seeking relief from Section 7.8.2.1.3.1 of Zoning By-law 160-90 to permit a maximum lot coverage of 48.1%, whereas 43.3% is required, BE APPROVED, conditional upon the registration of an environmental easement for operational noise and vibration emissions, in favour of CN Rail;
  2. THAT application A40/2023 seeking relief from Section 7.8.2.5 of Zoning By-law 160-90 to permit a modified minimum front yard, BE APPROVED provided the front yard setback to the garage is 6.0 m, conditional upon the registration of an environmental easement for operational noise and vibration emissions, in favour of CN Rail;
  3. THAT application A40/2023 seeking relief from Section 7.8.2.6 of Zoning By-law 160-90 to permit a minimum rear yard of 5.18 m, whereas 7.5 m is required, BE APPROVED, conditional upon the registration of an environmental easement for operational noise and vibration emissions, in favour of CN Rail;
  4. 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,
  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 submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2023-709”.

4.

PRESENTATIONS/DELEGATIONS [list, if any, available at the meeting]

5.

ITEMS FOR CONSIDERATION

5.1

Appointment of Secretary Treasurer & Deputy Secretary Treasurer

• 1. THAT all previous appointees BE REMOVED as Secretary-Treasurer and Deputy Secretary-Treasurer; and
  2. THAT K.C. Pongracz, Temporary Committee of Adjustment Coordinator, BE APPOINTED as Secretary-Treasurer, Committee of Adjustment; and
  3. THAT Lindsay King, Development Planner, and Sarah Hague, Intermediate Planner, BE APPOINTED as Deputy Secretary-Treasurers, Committee of Adjustment, to fulfill all duties of the Secretary-Treasurer in their absence.

6.

CONSENT ITEMS

6.1

MINUTES

6.1.1

Committee of Adjustment - November 1, 2023

7.

RESOLUTIONS

8.

NOTICES OF MOTION

9.

ADJOURNMENT