COMMITTEE OF ADJUSTMENT
AGENDA

Wednesday, June 05, 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 992 4712 8056 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 A23-2024 - 34 Preston Avenue, 2024-370

Agent - Fletcher Construction c/o RJ Fletcher

Applicant/Owner - Matthew Hendrie

• 1. THAT application A23-2024 seeking relief from Section 7.2.2.1.6 of Zoning By-Law 160-90 to permit a rear yard setback of 4.7 m, whereas 7.5 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 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 2024-370.”

3.2

Application A24-2024 - 105 Colborne Street West, 2024-357

Agent - Melanie Van Asten

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

3.3

Application A25-2024 - 284 Darling Street, 2024-369

Agent - Pillar Financial Services Inc. c/o Lindy Hay

Applicant/Owner - Zoltan Vass

• 1. THAT minor variance application A25-2024 seeking relief from Section 6.18.3.8 of Zoning By-law 160-90 to permit a driveway width of 1.87 m, whereas a minimum of 2.4 m is otherwise required, BE APPROVED;
  2. THAT minor variance application A25-2024 seeking relief from Section 6.18.7.8 of Zoning By-law 160-90 to permit 0 parking spaces, whereas a minimum of 1 parking space is otherwise required for a single detached dwelling unit, BE APPROVED;
  3. 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,
  4. 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 2024-369.”

3.4

Application B21-2024 - 1 Blake Avenue and 90 St. Paul Avenue, 2024-354

Applicant - Veronica Sloan

Owner - Don & Veronica Sloan (1 Blake Ave.), Ian & Marja Benjamins (90 St. Paul Ave.)

• 1. THAT Consent application B21-2024 requesting to sever a parcel of land having a lot area of approximately 3,274 m² from 1 Blake Avenue to be added to 90 St. Paul Avenue BE APPROVED subject to Appendix A - Conditions of Consent, attached to Report 2024-354;
  2. THAT the reasons for approval of B21-2024 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; 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 2024-354.”

3.5

Applications B22-2024 & A27-2024 - 141 North Park Street, 2024-365

Agent - JH Cohoon Engineering Ltd. c/o Bob Phillips

Applicant/Owner - Tony Antonopoulos

• 1. THAT minor variance application A27-2024 seeking relief from Section 7.3.2.1.1 to permit a lot area of 449 m² for the severed lot, whereas 450 m² is otherwise required, BE APPROVED;
  2. THAT minor variance application A27-2024 seeking relief from Section 7.3.2.1.2 to permit a lot width of 12.19 m for the severed lot, whereas 15 m is otherwise required, BE APPROVED;
  3. 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,
  4. THAT consent application B22-2024 seeking to create a property with a lot area of 449 m² and a lot frontage of 12.19 m BE APPROVED subject to Appendix A - Conditions of Consent, attached to Report 2024-365;
  5. THAT the reasons for the approval of B22-2024 are as follows: the proposed consent has regard for the matters under Section 51(24) of the Planning Act and 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. The application is in conformity with the general intent and policies of the Official Plan and Zoning Bylaw; and,
  6. THAT pursuant to Section 45(8)-(8.2) and 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 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. 2024-365.”

3.6

Application B23-2024 - 435 Elgin Street, 2024-362

Agent - GSP Group Inc. (Caleb Miller)

Applicant/Owner - Rod Aitken

• 1. THAT Consent application B23-2024 requesting to sever the subject lands municipally addressed as 435 Elgin Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-362 as Appendix A;
  2. THAT the reason(s) for approval of B23-2024 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,
  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. 2024-362.”

4.

Presentations/Delegations

5.

Items for Consideration

6.

Consent Items

6.1

Minutes

6.1.1

Committee of Adjustment - May 1, 2024

7.

Resolutions

8.

Notices of Motion

9.

Adjournment