COMMITTEE OF ADJUSTMENT
AGENDA

Wednesday, April 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 952 9012 8383 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 B15-2024 & A15-2024 - 111-113 Pearl Street, 2024-201

Agent - The Angrish Group

Applicant/Owner - Kevin Walchuk (111 Pearl Street), Donna Ferrier (113 PearlStreet)

• 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”

3.2

Applications B16-2024 & A16-2024 - 29 Elm Street, 2024-202

Agent - George Ziotek

Applicant/Owner - Ifran Ullah Muhammad Bairan

• 1. THAT application A16-2024 seeking relief from Section 7.2.2.1.6, of Zoning By-law 160-90 to permit, for the proposed retained parcel, a Minimum Rear Yard of 5.12 m whereas 7.5 m is otherwise required, BE REFUSED;
  2. THAT application A16-2024 seeking relief from Section 6.18.3.4, of Zoning By-law 160-90 to permit, for the proposed retained parcel, a parking space that is a minimum of 0.67 m from a property boundary, whereas 1 m is otherwise required, BE REFUSED;
  3. THAT application A16-2024 seeking relief from Section 7.2.2.1.1 of Zoning By-law 160-90 to permit, for the proposed severed parcel, a Minimum Lot Area of 367.9 m², whereas 550 m² is otherwise required, BE REFUSED;
  4. THAT application A16-2024 seeking relief from Section 7.2.2.1.2 of Zoning By-law 160-90 to permit, for the proposed severed parcel, a Minimum Lot Width of 15.09 m, whereas 18 m is otherwise required, BE REFUSED;
  5. THAT application A16-2024 seeking relief from Section 7.2.2.1.5 of Zoning By-law 160-90 to permit, for the proposed severed parcel, a Minimum Front Yard of 4.69 m, whereas 6 m is otherwise required, BE REFUSED;
  6. THAT the reasons for the refusal of the minor variance application A16-2024 are as follows: the proposed variance is not in keeping with the general intent and purpose of the Zoning By-law and Official Plan, the relief requested is not considered minor in nature nor desirable for the appropriate development and use of the subject lands;
  7. THAT Consent application B16-2024 requesting to sever a parcel of land from the subject property addressed as 29 Elm Street, having a lot area of approximately 367.90 m², and to retain a parcel of land having a lot area of approximately 613.16 m², BE REFUSED;
  8. THAT the reason(s) for refusal of B16-2024 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,
  9. 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. 2024-202.”

3.3

Application B12-2024 - 72 Ava Road, 2024-213

Agent - Kasco Properties Ltd.

Applicant/Owner - J H Cohoon Engineering Ltd. c/o Robert Phillips

• 1. THAT Consent application B12-2024 requesting to sever a parcel of land with an area of 983.5 m² from the subject property municipally addressed as 72 Ava Road, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-213 as Appendix A;
  2. THAT the reason(s) for approval of B12-2024 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 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 2024-213.”

3.4

Application A13-2024 - 27 Brier Place, 2024-204

Agent - Vinlanda Engineering

Applicant/Owner - Bohdan Ilczyna

• 1. THAT application A13-2024 seeking relief from Section 7.2.2.1.5 to permit a front yard setback of 3.8 m for a portion of the addition, whereas 6 m is otherwise required, BE APPROVED;
  2. THAT the reasons for the approval of the minor variance application A13-2024 are as follows: the proposed variance is in keeping with the general intent and purpose of the Zoning By-law and Official Plan, 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 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. 2024-204.”

3.5

Application A18-2024 - 318 Gillespie Drive, 2024-200

Agent - MHBC Planning c/o Melissa Visser

Applicant/Owner - Losani Homes Ltd. c/o Dianne Ramos

• 1. THAT application A18-2024 seeking relief from Section 7.5.3.6.6 of Zoning By-Law 160-90 to permit a rear yard setback of 5 m for a portion of the lot, whereas 7 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 2024-200.”

3.6

Applications B14-2024 & A14-2024 - 12 Eastbourne Street, 2024-211

Applicant/Owner - Hugh MacNeil

• 1. THAT Consent application B14-2024 requesting to sever a parcel of land from the subject property municipally addressed as 12 Eastbourne Street, having a lot area of 337 m² and a retained parcel of land having a lot area of 547 m², BE APPROVED subject to the Conditions of Consent, attached to Report 2024-211 as Appendix A;
  2. THAT the reason(s) for approval of B14-2024 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 application A14-2024 seeking relief from Section 7.5.2.1.2 of Zoning By-Law 160-90 to permit a lot width of 7.9 m for the severed parcel, whereas a minimum of 9 m is otherwise required, BE APPROVED;
  4. 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,
  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 2024-211.”

3.7

Application B13-2024 - 70-73 Wadsworth Street, 2024-205

Agent - ACI Construction Management c/o Joseph Awad

Applicant/Owner - 2027982 Ontario Inc. c/o Ahmed Al-Ali

• 1. THAT Consent application B13-2024 requesting a boundary adjustment to sever 2,803 m² from the northwest corner of 70 Wadsworth Street, and merge with the lands at 73 Wadsworth Street and retain a parcel of land having a lot area of 4,090 m², BE APPROVED subject to the Conditions of Consent, attached to Report 2024-205 as Appendix A;
  2. THAT the reason(s) for approval of B13-2024 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 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 2024-205.”

3.8

Application A07-2024 - 40 Helen Avenue, 2024-203

Agent - Ajay Kaushik

Applicant/Owner - Affordable Housing Alternatives Inc.

• 1. THAT application A07-2024 seeking relief from Section 6.18.7.8, of Zoning By-law 160-90 to permit a parking ratio of 1.22 parking spaces per dwelling unit, whereas a ratio of 1.5 parking spaces per dwelling unit is otherwise required, BE APPROVED;
  2. THAT application A07-2024 seeking relief from Section 7.11.2.1.2, of Zoning By-law 160-90 to permit a lot width of 15.24 m whereas 30 m is otherwise required, BE APPROVED;
  3. THAT application A07-2024 seeking relief from Section 7.11.2.1.6 of Zoning By-law 160-90 to permit a minimum rear yard of 10.3 m whereas 15 m is otherwise required, BE APPROVED;
  4. THAT application A07-2024 seeking relief from Section 7.11.2.1.7.1 of Zoning By-law 160-90 to permit a minimum interior side yard of 6.1 m whereas 9 m is otherwise required, BE APPROVED;
  5. THAT the reasons for the approval of the minor variance application A07-2024 are as follows: the proposed variances are in keeping with the general intent and purpose of the Zoning By-law and Official Plan, the relief requested is considered minor in nature and desirable for the appropriate development and use of the subject lands;
  6. 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. 2024-203.”

3.9

Application B05-2024 - 71 Anderson Road, 2024-231

Applicant/Owner - Richard Woods

• 1. THAT Consent application B05-2023 requesting to sever a parcel of land from the subject property municipally addressed as 71 Anderson Road, having a lot area of 578.49 m² and retain a parcel of land having a lot area of 471 m², BE APPROVED subject to services of the Wyndfield West Phase 6B Stage 1 Subdivision having final assumption by the City of Brantford and subject to the Conditions of Consent, attached to Report 2024-231 as Appendix A;
  2. THAT the reason(s) for approval of B05-2023 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 application A11-2023 seeking relief from Section 7.4.3.21.7 of Zoning By-Law 160-90 to permit a rear yard setback of 4.5 m for a portion of the lot, whereas a minimum of 7 m is otherwise required, BE APPROVED subject to Consent Application B05-2023 being in full force and effect;
  4. 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,
  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 2024-231.”

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 - March 7, 2024

7.

Resolutions

8.

Notices of Motion

9.

Adjournment