COMMITTEE OF ADJUSTMENT
AGENDA

Thursday, March 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 925 1691 6814 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 A09/2024 - 126 George Street, 2024-144

Agent - MW Drafting & Design Inc. c/o Justin Massecar

Applicant/Owner - Sydney Godzisz

• 1. THAT application A09/2024 seeking relief from Section 6.18.7.7.8 of Zoning By-Law 160-90 to permit a maximum of 3 parking spaces, whereas 6 parking spaces are otherwise required for a Medical Office, BE APPROVED;
  2. THAT application A09/2024 seeking relief from Section 6.18.3.10 of Zoning By-Law 160-90 to permit a third parking space in tandem on-site, whereas a maximum of 2 parking spaces in tandem are otherwise permitted, BE APPROVED;
  3. THAT application A09-2024 seeking relief from Section 6.18.1.1.2 of Zoning By-Law 160-90 to permit a separate tandem parking space with a length of 5.6 m, whereas a length of 11 m for two cars in tandem is required, BE APPROVED;
  4. THAT application A09-2024 seeking relief from Section 6.18.4.1 of Zoning By-Law 160-90 to permit parking spaces that don't have access to a street by means of a driveway, whereas parking areas are required to have access to a street by means of a driveway where three or more parking spaces are required, BE APPROVED;
  5. THAT application A09-2024 seeking relief from Section 6.18.4.2 of Zoning By-Law 160-90 to permit parking spaces that don't have access to a traffic aisle with a minimum width as indicated in 6.18.4.2, whereas parking areas are required to provide access to each parking space by means of a traffic aisle where three or more parking spaces are required, BE APPROVED;
  6. THAT application A09-2024 seeking relief from Section 6.18.4.3 to permit parking in a driveway aisle, whereas no parking shall be permitted in traffic aisles or driveways where three or more parking spaces are required, BE APPROVED;
  7. THAT application A09-2024 seeking relief from Section 6.18.7.7 of Zoning By-Law 160-90 to permit zero (0) accessible (Type A) parking spaces on site, whereas one (1) accessible parking space with a 1.5 m access aisle is otherwise required, BE APPROVED, conditional upon an accessible parking space located on-street in front of the subject lands being approved by City Council and conditional upon a Planning Agreement regarding this parking space, to the satisfaction of the City, being registered on tile;
  8. 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,
  9. 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 2024-144.”

3.2

Application A11/2024 - 1 Galileo Boulevard, 2024-139

Agent - Reinders + Law Ltd c/o Rodney Gay

Applicant - Paul Schuit

• 1. THAT minor variance application A11-2024 seeking relief from Section 6.18.7.1 of Zoning By-law 160-90 to permit a parking ratio of 1.15 parking spaces per dwelling unit, whereas 1.5 parking spaces per dwelling unit are otherwise required, 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 6.18.7.1 is in keeping with the general intent and purpose of the Official Plan and Zoning By-law, and 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 2024-139.”

3.3

Application B09/2024 - 150 Savannah Oaks Drive, 2024-140

Agent - GSP Group Inc c/o Brandon Flewwelling

Applicant/Owner - Grandbridge Energy

• 1. THAT application B09-2024 requesting to sever a parcel of land from the subject property addressed at 150 Savannah Oaks Drive, having a lot area of approximately 4,392 m², and retain a parcel of land having a lot area of approximately 54,277 m², BE APPROVED; subject to the conditions attached to Report 2024-140 as Appendix A, and;
  2. THAT the reasons for the approval of B09-2024 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, and conforms with the general intent and purpose of the Zoning By-law and Official Plan, 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 No. 2024-140.”

3.4

Application B11/2024 & A10/2024 - 339, 341, 353 St. Paul Avenue and 120 St. George St., 2024-141

Agent - Arcadis c/o Odete Gomes

Applicant/Owner - 2607315 Ontario Inc., Lift Capital Incorporated, 2684544 Ontario Inc c/o DAR Homes

• 1. THAT consent application B11-2024 requesting to sever a parcel of land from the subject lands municipally addressed as 339, 341, and 353 St. Paul Avenue and 120 St. George Street, having a lot area of approximately 5,365.98 m² and retain a lot having an area of approximately 3,473.45 m^2, BE APPROVED; subject to the conditions attached to Report 2024-141 as Appendix A, and;
  2. THAT the reasons for approval of B11-2024 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 the surrounding properties, and conforms with the general intent and purpose of the Zoning By-law and Official Plan, and;
  3. THAT application A10-2024 seeking relief from Section 9.8.2.1.8 to permit a minimum of 8.5% Landscaped Open Space, whereas 10% is otherwise required, BE APPROVED; THAT application A10-2024 seeking relief from Section 9.8.2.13.7 to permit a minimum ground floor height for the existing medical building on the proposed retained lands of 3.8 m, whereas 4.5 m is otherwise required, BE APPROVED;
  4. THAT application A10-2024 seeking relief from Section 9.8.2.13.9.1 to permit a minimum rear yard abutting a Residential Zone for the proposed severed lands of 6.42 m whereas 7.5 m is otherwise required, BE APPROVED;
  5. THAT application A10-2024 seeking relief from Section 9.8.2.13.10.2 to permit a side yard abutting a building with windows on a facing wall of 4.0 m, whereas 5.5 m is otherwise required, BE APPROVED;
  6. THAT application A10-2024 seeking relief from Section 6.18.7.1 to permit 98 parking spaces for the proposed mixed-use building on the proposed severed lands, whereas 103 are otherwise required, BE APPROVED;
  7. THAT application A10-2024 seeking relief from Section 6.18.7.1 to permit 51 parking spaces for the existing medical building on the proposed retained lands, whereas 53 are otherwise required, BE APPROVED;
  8. THAT the reasons for the approval of the minor variances are as follows: the proposed variances are 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;
  9. THAT application A10-2024 seeking relief from Section 9.8.2.13.7 to permit a minimum ground floor height for any future mixed-use building on the proposed severed lands of 3.8 m, whereas 4.5 m is otherwise required, BE REFUSED; 
  10. THAT the reasons for the refusal of the minor variances in Recommendation “I” are as follows: the proposed variances is not in keeping with the general intent and purpose of the Official Plan and Zoning By-law, the relief requested is not considered minor in nature or desirable for the appropriate development and use of the subject lands; and,
  11. 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 2024-141.”

3.5

Application B10/2024 - 107 Sinclair Boulevard, 2024-145

Agent - Arcadis c/o Odete Gomes

Applicant - Longhorn Distributors c/o Scott Biddle

Owner - Granite Property Nominee Inc.

• 1. THAT Consent application B10-2024 requesting to sever a parcel of land from the subject property municipally addressed as 107 Sinclair Boulevard, having a lot area of 5.72 ha and a retained parcel of land having a lot area of 12.76 ha, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-145 as Appendix A;
  2. THAT the reason(s) for approval of B10-2024 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.

3.6

Application A08/2024 - 452 Hardy Road, 2024-143

Agent - Antech Design and Engineering c/o Candice Micucci

Applicant/Owner - 201498 Ontario Ltd and 201498 Ontario Ltd

• 1. THAT application A08/2024 seeking relief from Section 10.2.2.7.2 of Zoning By-Law 160-90 to permit an exterior side yard setback of 3 m, whereas 7.5 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 2024-143.”

3.7

Application A12/2024 - Roll# 2906010990013650000 Eastside of Wayne Gretzky Parkway (south of CN Rail Line), 2024-142

Agent - Pattison Outdoor Advertising c/o Brandon Lincz

Applicant/Owner - Pattison Outdoor Advertising

• 1. THAT application A12-2024 seeking relief from Section 478.14.6 of Chapter 478 of the Municipal Code to permit a Billboard Sign within 7 m of a street lot line, whereas a minimum of 9 m is otherwise required, BE REFUSED;
  2. THAT the reasons for the refusal of the minor variance to Section 478.14.6 are as follows: the relief requested is not in keeping with the general intent of Chapter 478 of the Municipal Code, it is not desirable for the appropriate development and use of the subject lands, and the relief requested is not considered minor in nature; and,
  3. THAT application A12-2024 seeking relief from Section 478.14.9 of Chapter 478 of the Municipal Code to permit a Billboard Sign that is 15.24 m tall, whereas 10.5 m is otherwise the maximum permitted height, BE REFUSED;
  4. THAT the reasons for the refusal of the minor variance to Section 478.14.9 is as follows: the relief requested is not in keeping with the general intent of Chapter 478 of Municipal Code, it is not desirable for the appropriate development and use of the subject lands, and the relief requested is not considered minor in nature, 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 2024-142.”

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 - February 7, 2024

7.

Resolutions

8.

Notices of Motion

9.

Adjournment