COMMITTEE OF ADJUSTMENT
AGENDA

Thursday, January 18, 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 meeting format (virtual and in-person). A request to attend or delegate at this meeting can be completed by visiting the City’s webpage Speaking at a Council Meeting.

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1.

Roll Call

2.

Declarations of Conflict of Interest

3.

Statutory Public Meetings

3.1

Application A02/2024- 108-110 Albion Street, 2024-24

Applicant/Owner - Dexter Stewart

• 1. THAT Application A02/2024 requesting relief from Section 6.18.3.9 of the City of Brantford Zoning By-law 160-90 to permit 40% Landscaped Open Space in the required front yard whereas a minimum of 50% is otherwise required, BE APPROVED, conditional upon the registration of an environmental easement for operational noise and vibration emissions, in favour of CN Rail;
  2. THAT the reasons 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 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 2024-24.”

3.2

Application A03/2024 -40 Niagara Street, 2024-26

Agent - Spencer Brown

Applicant/Owner - Benikaid Inc c/o Jeff Tang-Kong

• 1. THAT application A03/2024 seeking relief from Section 6.18.3.3 of Zoning By-law 160-90 to permit two parking spaces in the required front yard, whereas a maximum of one is otherwise permitted, BE APPROVED, conditional upon the submission of an archaeological assessment which will need to start with a Stage 1 Archaeological Assessment and include any subsequent assessments as required by Provincial guidelines, to the satisfaction of the Chief Planner;
  2. THAT the reasons for the approval of the minor variance are as follows: the proposed variance that would provide relief from Section 6.18.3.3 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 A03/2024 requesting relief from Sections 6.18.3.9 of Zoning By-law 160-90 to permit 32% landscaped open space in the required front yard, whereas a minimum of 50% is otherwise required, BE APPROVED, conditional upon the submission of an archaeological assessment which will need to start with a Stage 1 Archaeological Assessment and include any subsequent assessments as required by Provincial guidelines, to the satisfaction of the Chief Planner;
  4. THAT the reasons for the approval of the minor variance are as follows: the proposed variance that would provide relief from Section 6.18.3.9 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; 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 2024-26.”

3.3

Application A01/2024, B01/2024 - 34 Devon Street, 2024-28

Agent - JH Cohoon Engineering Ltd.

Applicant/Owner Elsina and John DeJong

• 1. THAT Minor Variance application A01/2024 requesting relief from Section 7.2.2.1.2 to permit a minimum lot width of 13 m whereas 18 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 Zoning By-law 160-90 and the Official Plan, and the relief requested is considered minor in nature and desirable for the appropriate development and use of the subject lands;
  3. THAT Consent application B01/2024 requesting to sever a parcel of land from the subject property municipally addressed as 34 Devon Street, having a lot area of 611.97 m², and to retain a parcel of land having a lot are of 1,227.1 m² BE APPROVED; subject to the conditions attached as Appendix A to Report 2024-28.
  4. THAT the reason(s) for approval of B01/2024 are as follows: the proposed consent has regard for the matters under Section 51(24) of the Planning Act, is suitable for the lands, in the public interest, and would not result in adverse impacts on surrounding properties;
  5. THAT pursuant to Sections 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. 2024-28.”

3.4

Application B02/2024 - 435 Nelson Street, 2024-29

Applicant/Owner - Nicola & Karen Valleta

• 1. THAT Consent application B02/2024 requesting to sever a parcel of land from the subject property municipally addressed as 435 Nelson Street, having a lot area of 306.37 m² BE APPROVED subject to the Conditions of Consent, attached to report 2024-29 as Appendix A;
  2. THAT the reason(s) for approval of B02/2024 are as follows: the proposed consent has regard for the matters under Section 51(24) of the Planning Act, is suitable for the lands, in the public interest, and would not result in adverse impacts on surrounding properties;
  3. THAT pursuant to 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. 2024-29.”

      

4.

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

5.

Items for Consideration

5.1

Appointment of Deputy Secretary Treasurer

• THAT Dora Pripon BE APPOINTED as a Deputy Secretary-Treasurer, 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 - December 6, 2023

7.

Resolutions

8.

Notices of Motion

9.

Adjournment