COMMITTEE OF ADJUSTMENT
AGENDA

Wednesday, July 03, 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 999 2859 6706 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 A22-2024 - 251 Stanley Street, 2024-285

Agent - J. H. Cohoon Engineering Ltd.

Applicant/Owner - Mazher Lalif

• 1. THAT Minor Variance application A22-2024 seeking relief from Zoning By-law 160-90 for the severed portions of the lands municipally known as 251 Stanely Street, BE APPROVED for the following variances, provided that a minimum interior side yard and a minimum exterior side yard of 6.0 m is provided for Severed Lot 2:
     1. Severed Lot 1: Section 6.18.3.9 to permit a front yard landscaped open space of 40.3%, whereas 50% is otherwise required;
     2. Severed Lot 2: Section 7.9.2.1.5 to permit a front yard setback of 2.75 m, whereas 6 m is otherwise required;
     3. Severed Lot 2: Section 7.9.2.1.6.1 to permit a rear yard setback of 2.1 m, whereas 7.5 m is otherwise required;
     4. Severed Lot 2: Section 7.9.2.1.3.1 to permit a lot coverage of 46.2%, whereas 40% is otherwise required;
  2. 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,
  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 2024-285.”

3.2

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

Agent/Applicant - Ken Bekendam

• 1. THAT minor variance application A30-2024 seeking relief from Section 7.10.2.1.1.1 to permit a minimum lot area of 167 m²/unit whereas 185 m²/unit is otherwise required, BE APPROVED;
  2. THAT the reasons for the approval of the minor variance application 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 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 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. 2024-410.”

3.3

Application A32-2024 - 9 Garden Avenue, 2024-411

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.”

3.4

Application A33-2024 - 504 King George Road, 2024-431

Agent - Waterous Holden Amey Hitchon LLP (c/o Courtney Boyd)

Applicant/Owner - Paul Polillo

• 1. THAT application A33-2024 seeking relief from Section 4.4 (b) of County of Brant Zoning By-law 61-16, to permit an accessory structure in the front yard whereas it is otherwise not permitted, BE DEFERRED;
  2. THAT application A33/2024 seeking relief from Section 4.5 (a) of County of Brant Zoning By-law 61-16, to permit two (2) separate accessory buildings for the use of ADUs, whereas one (1) is otherwise the maximum, BE DEFERRED;
  3. THAT application A33/2024 seeking relief from Section 4.5 (b) of County of Brant Zoning By-law 61-16, to permit an accessory structure in the front yard whereas it is otherwise not permitted, BE DEFERRED;
  4. THAT the reasons for the deferral of the minor variances are as follows: to give the Applicant an opportunity to complete the necessary archaeological assessment as requested by the City and the Mississaugas of the Credit First Nation.
  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 2024-431.”

      

3.5

Application B26-2024 & A28-2024 - 64 Sandra Street, 2024-421

Agent/ Applicant - Ruchika Angrish

Owner - Brian Williams

• 1. THAT application A28-2024 seeking relief from Section 7.2.2.1.1 of Zoning By-Law 160-90 to permit a lot area of 400.5 m² for the severed parcel, whereas a minimum of 550 m² is otherwise required, BE APPROVED;
  2. THAT application A28-2024 seeking relief from Section 7.2.2.1.6 of Zoning By-Law 160-90 to permit a rear yard setback of 5.38 m for the retained parcel, whereas a minimum of 7.5 m is otherwise required, BE APPROVED;
  3. 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;
  4. THAT Consent application B26-2024 requesting to sever a parcel of land from the subject property municipally addressed as 64 Sandra St, having a lot area of 400.5 m² and retain a parcel of land having a lot area of 550 m², BE APPROVED subject to the Conditions of Consent, attached to Report 2024-421 as Appendix A;
  5. THAT the reason(s) for approval of B26-2024 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
  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 2024-421.”

3.6

Application A26-2024 - 352-354 West Street, 2024-409

Agent - Antech Design and Engineering (Candice Micucci)

Applicant/Owner - Mike Hendrie

• 1. THAT minor variance application A26-2024 seeking relief from Section 7.11.4.28.1.2 of Zoning By-law 160-90 to permit a minimum lot area of 40.8 m²/unit, whereas 43.5 m²/unit is otherwise required, BE APPROVED;
  2. THAT minor variance application A26-2024 seeking relief from Section 6.23.4.2 of Zoning By-law 160-90 to permit a driveway providing access to loading spaces with a minimum width of 6.0 m for two-way traffic, whereas a minimum of 7.0 m is otherwise required, BE APPROVED;
  3. THAT minor variance application A26-2024 seeking relief from Section 6.18.4.4 of Zoning By-law 160-90 to permit an overhead clearance for accessible parking spaces of 2.1 m, whereas 3.35 m is otherwise required, BE APPROVED;
  4. THAT minor variance application A26-2024 seeking relief from Section 6.14.1.1 of Zoning By-law 160-90 to permit a height exception of 7 m for roof-top equipment, whereas 5 m is otherwise permitted, BE APPROVED;
  5. THAT minor variance application A26-2024 seeking relief from Section 7.11.4.28.1.3.1 of Zoning By-law 160-90 to permit an interior side yard setback of 3.2 m, whereas 3.5 m is otherwise required, BE APPROVED;
  6. 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,
  7. 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 2024-409.”

3.7

Application B27 - 463 Blackburn Drive, 2024-430

Agent/Applicant - MHBC Planning (c/o Dave Aston)

Owner - Losani Homes (c/o Daniel Borelli)

• 1. THAT Consent application B27-2024 requesting to sever the subject lands municipally addressed as 463 Blackburn Drive, BE APPROVED, subject to the Conditions of Consent, attached to Report 2024-430 as Appendix A;
  2. THAT the reason(s) for approval of B27-2024 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 No. 2024-430.”

3.8

Application A29-2024 - 20 Lancaster Avenue, 2024-420

Applicant/Owner - Rob Ronson

• 1. THAT application A29-2024 seeking relief from Section 6.3.1.1 of Zoning By-Law 160-90 to permit a lot coverage of 14.42%, whereas 10% is otherwise permitted, AND relief from Section 6.3.12 to permit a height of 5.9 m, whereas a height of 4.5 m is otherwise permitted for accessory buildings, as shown on and in general conformance with the site plan provided with this application 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 2024-420.”

3.9

Application A31-2024 - 82 Park Avenue, 2024-408

Applicant/Owner - Jen Pescod

• 1. THAT minor variance application A31-2024 seeking relief from Section 7.8.2.1.8.2 of Zoning By-law 160-90 to permit a gross floor area of 47.45 m²/unit, whereas a minimum gross floor area of 55 m²/unit is otherwise required, BE APPROVED;
  2. THAT the reasons for the approval of the minor variance are 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 2024-408.”

3.10

Application B24-2024 & B25-2024 - 103 Usher Street, 2024-407

Applicant/Owner - Michael Hurley

• 1. THAT Consent application B24-2024 requesting to sever the subject lands municipally addressed as 103A Usher Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-407 as Appendix A;
  2. THAT the reason(s) for approval of B24-2024 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 Consent application B25-2024 requesting to sever the subject lands municipally addressed as 103C Usher Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-407 as Appendix B;
  4. THAT the reason(s) for approval of B25-2024 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 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. 2024-407.”

4.

Presentations/Delegations

5.

Items for Consideration

5.1

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”

5.2

Application A24-2024 - 105 Colborne Street W, 2024-357 - DEFERRAL

Agent - Melanie VanAsten

Applicant/Owner - Angelo Abbruzzese

• 1. THAT application A24-2024 seeking relief from Section 478.2.31 of municipal Property Maintenance Chapter (Sign By-law) to permit third party advertising, BE APPROVED;
  2. THAT the reasons for the approval of the minor variance application are as follows: the proposed variance is in keeping with the general intent and purpose of the Sign By-law and Official Plan, and the relief requested is considered minor in nature and desirable for the appropriate development and use of the subject lands; and,
  3. THAT application A24-2024 seeking relief from Section 478.3.5 of Property Maintenance Chapter (Sign By-law) to permit a maximum informational sign face of 1.58 m² whereas the maximum sign face is 0.14 m², BE REFUSED;
  4. THAT the reasons for the refusal of the minor variance application are as follows: the proposed variance is not in keeping with the general intent or purpose of the Sign By-law, and the relief requested is not considered minor in nature; and,
  5. THAT application A24-2024 seeking relief from Section 478.8.5 of Property Maintenance Chapter (Sign By-law) to permit a minimum street setback of 0.7 m, whereas 1 m is otherwise required, BE REFUSED;
  6. THAT the reasons for the refusal of the minor variance application are as follows: the proposed variance is not in keeping with the general intent or purpose of the Sign By-law, and the relief requested is not considered minor in nature; and,
  7. THAT application A24-2024 seeking relief from Section 478.8.9 of Municipal Property Maintenance Chapter (Sign By-law) to permit a minimum unobstructed view of pedestrians of 6 m whereas a minimum of 9 m is otherwise required, BE REFUSED;
  8. THAT the reasons for the refusal of the minor variance application are as follows: the proposed variance is not in keeping with the general intent or purpose of the Sign By-law and Official Plan, and the relief requested is not considered minor in nature or 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 No. 2024-357

6.

Consent Items

6.1

Minutes

6.1.1

Committee of Adjustment - June 5, 2024

7.

Resolutions

8.

Notices of Motion

9.

Adjournment