COMMITTEE OF ADJUSTMENT
AGENDA

Wednesday, September 04, 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 984 1229 3438 or join via Zoom Meetings.

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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, 2024-537

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 A39-2024 – 42 Bee Crescent, 2024-530

Agent/Applicant – Alexander Hardy (c/o Armstrong Planning)

Owner – Empire Communities Ltd.

• 1. THAT application A39-2024 seeking relief from Section 7.5.3.6.6 of Zoning By-Law 190-60 to permit a minimum rear yard of 6.05 m, whereas 7.0 m is otherwise required, BE APPROVED;
  2. THAT the reason(s) for approval of the minor variances 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 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 2024-530”

3.3

Application A40-2024 – 108-112 George Street, 2024-527

Agent - None

Applicant/Owner – Ginco Group Corp. c/o Colin Comissiong

• 1. THAT minor variance application A40-2024 seeking relief from Section 9.3.2.1.11.2 to permit a 308.0 m² expansion of a building, whereas 110.0 m² is otherwise the maximum permitted for Converted Dwellings, BE APPROVED;
  2. THAT minor variance application A40-2024 seeking relief from Section 9.3.2.1.8 to permit a minimum landscaped open space of 12.5%, whereas 25% landscaped open space is otherwise the minimum required, BE APPROVED;
  3. 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 of the subject lands; and
  4. THAT pursuant to 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. 2024-527.”

3.4

Application A41-2024 – 299 Wayne Gretzky Parkway, 2024-531

Applicant – SSG Enterprises (Simon Ive)

Agent/Owner – McDonalds Restaurants of Canada c/o Bruce Graham (Franchisee)

• 1. THAT application A41-2024 seeking relief from Section 478.4.14.v. of Municipal Code 478 (Sign By-law) to permit a distance of 17.0 m from the digital sign to the nearest traffic signal, whereas 30.0 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 2024-531”

3.5

Application A45-2024 - 389 Conklin Road, 2024-525

Agent - Armstrong Planning & Project Management (c/o Cesare Pittelli)

Applicant/Owner - Empire Communities 

• 1. THAT application A45-2024 seeking relief from Section 7.9.4.83.2.4 of Zoning By-Law 160-90 to permit a front yard of 3.9 m, whereas a minimum of 4.5 m is otherwise required, BE APPROVED;
  2. THAT application A45-2024 seeking relief from Section 7.9.4.83.2.2 of Zoning By-Law 160-90 to permit a lot width of 2.1 m per unit (91 m total), whereas a minimum of 5 m per unit (215 m total) is otherwise required, BE APPROVED;
  3. THAT application A45-2024 seeking relief from Section 7.9.4.83.2.5.1 of Zoning By-Law 160-90 to permit a rear yard of 3.8 m, whereas a minimum of 6 m is otherwise required, BE APPROVED;
  4. THAT the reasons 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 2024-525.”

3.6

Application B32-2024, B33-2024 and A43-2024 – 111 Sherwood Drive & 125 Sherwood Drive, 2024-534

Agent - Corbett Land Strategies Inc. (c/o Nick Wood)

Applicant/Owner - KSV Restructuring Inc. (111 Sherwood Drive) and Multani Custom Homes (125 Sherwood Drive)

• 1. THAT application A43-2024 seeking relief from Section 10.1.2.1.3 of Zoning By-Law 160-90 to permit a maximum lot coverage of 45% for the retained parcel (111 Sherwood Drive), whereas a maximum of 40% is otherwise permitted, BE APPROVED;
  2. THAT the reason(s) for approval of the minor variance is 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;
  3. THAT Application B32-2024 to sever a parcel of land from the southwest portion of the lands municipally addressed as 111 Sherwood Drive, having an area of 0.24 ha to be consolidated with the severed lands of Consent Application B33-2024, and retain a parcel of land with an area of 3.82 ha, BE APPROVED, subject to the conditions attached in Appendix A;
  4. THAT Application B33-2024 to sever a parcel of land from the southeast side of the lands municipally addressed as 125 Sherwood Drive, having an area of 0.15 ha to be consolidated with the severed lands of Consent Application B32-2024, and retain a parcel of land having a lot area of 1.96 ha and to create an access easement over the severed lands in favour of the retained lands, BE APPROVED, subject to the conditions attached in Appendix B;
  5. THAT the reason(s) for approval of B32-2024 and B33-2024 are as follows: having regard for the matters under Section 51 (24) of the Planning Act, Staff is satisfied that the proposed consent applications are desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties;
  6. 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 2024-534.”

4.

Presentations/Delegations

5.

Items for Consideration

5.1

Change of Conditions – B35-2022, B36-2022 & A31-2022 – 251 and 259 Memorial Drive, 2024-544

• 1. THAT the conditions of consent listed in Appendix A2 in Report 2022-642 previously adopted on October 5, 2022, BE AMENDED to include the following new condition and the renumbering of condition 11 as such:
     “11. The Owner/Applicant shall provide confirmation from the mortgage lender that partial discharge of the mortgage on the 41 m² parcel from the frontage of 259 Memorial Drive proposed to be severed and transferred to 251 Memorial Drive, is acceptable.”, and,
     “12.  That the above conditions be fulfilled and the Certificate of Consent be issued on or before September 4, 2026, after which time the consent will lapse.”.
  2. THAT the Change of Condition as herein granted be deemed minor requiring no further written notice pursuant to Section 53(26) of the Planning Act.

6.

Consent Items

6.1

Minutes

6.1.1

Committee of Adjustment - August 7, 2024

7.

Resolutions

8.

Notices of Motion

9.

Adjournment