COMMITTEE OF ADJUSTMENT

MINUTES

Wednesday, August 07, 2024

5:30 P.m. - 6:30 P.m.

Council Chambers, Brantford City Hall

58 Dalhousie Street, Brantford

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1.

Roll Call

Greg Kempa in the Chair.

Present: Greg Kempa, Mark Simpson, Mike Bodnar, Tamara Cupoli, Tara Gaskin, Ashish Patel

Regrets: Virginia Kershaw

2.

Declarations of Conflict of Interest

Tamara Cupoli declared a conflict on Item 3.1 - Application A32-2024 - 9 Garden Avenue, 2024-411 as she owns the property at 11 Garden Ave, and has a pecuniary interest in the subject property's development.

3.

Statutory Public Meetings

The Chair read the procedure to be followed during the Committee of Adjustment Hearings. As the meeting was held in a hybrid format, the procedures for the hybrid participation were also reviewed prior to commencing the hearings.

3.1

Application A32-2024 - 9 Garden Avenue, 2024-411 - DEFERRAL, 2024-505

Agent - King Homes Inc

Applicant/Owner - Ken Bekendam

The Chair called for the applicant to come forward. No persons appeared on behalf of the applicant. 

Lindsay King, Intermediate Planner provided an update on the application. 

Eric Jennings of 1022 Colborne St. E., Brantford, appeared before the Committee and expressed concerns regarding the impact the proposed variance would have on parking and traffic in the area and potential impacts on existing infrastructure.

Scott Richards of 1030 Colborne St. E., Brantford appeared before the Committee and expressed concerns regarding the impact the proposed variance would have on parking and traffic in the area, and the type of built form proposed for the site.

Barbara Farah of 28 Garden Avenue Brantford, appeared before the Committee and  expressed concerns regarding the impact the proposed variance would have on parking and traffic in the area, and the size of the proposed units. She further expressed concerns regarding the impact the proposed development would have on existing infrastructure, including on public transportation and emergency services. 

As the applicant was not present they did not provide clarifying statements. Staff clarified the request to defer. 

• Moved by Mike Bodnar
  Seconded by Tara Gaskin

  THAT item A32-2024 BE DEFERRED one cycle and return as a Statutory Public Meeting:

  1. THAT minor variance application A32-2024 seeking relief from Section 7.9.4.79.2.1 to permit a minimum lot area of 115 m²/unit, whereas 153 m²/unit is otherwise required, BE APPROVED;
  2. THAT minor variance application A32-2024 seeking relief from Section 7.9.4.79.2.12 to permit a parking ratio of 1.25 spaces/unit whereas 1.5 spaces/unit is otherwise required, BE APPROVED;
  3. THAT the reasons for the approval of the minor variances are as follows: the proposed variance is considered minor in nature, is in keeping with the general intent and purpose of the Zoning By-law and Official Plan, and desirable for the appropriate use 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 submission received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-411 and within the memo presented to the Committee of Adjustment on August 7, 2024.”
  Carried Unanimously on a Recorded Vote

  Recorded vote on deferral of item 3.1:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Tara Gaskin, Ashish Patel – 5

  No: None - 0

   

  As she declared a conflict on the item, Tamara Cupoli did not participate in the discussion or vote on the item.

  
  

3.2

Application B15-2024 & A15-2024 - 111-113 Pearl Street, 2024-201 - DEFERRAL, 2024-422, 2024-479

Agent - The Angrish Group

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

Rushicka Angrish appeared before the Committee and provided an overview of the application. The applicant has revised their application and is now seeking approval of an accessory lot coverage from 20.1% to 20.3% and increased the proposed 0 m rear yard for the proposed accessory building to a 0.6 m rear yard.

The Committee did not request to see the staff presentation however Lindsay King, Development Planner, appeared before the Committee and answered various questions.

No members of the public appeared virtually or in person to speak to the application.

the applicant did not have any clarifying statements

The public hearing was completed and subsequently closed.

• Moved by Mark Simpson
  Seconded Tamara Cupoli

  1. THAT application A15-2024 seeking relief from Sections 6.3.1.1 of Zoning By-law 160-90 to permit a maximum Accessory Lot Coverage of 20.3% whereas 18.7% is otherwise permitted, BE APPROVED;
  2. THAT the reasons for the approval of minor variance application A15-2024 are as follows: the proposed variance is considered minor, is in keeping with the general intent and purpose of the Zoning By-law or Official Plan, and is considered desirable for the appropriate development and use of the subject lands; and,
  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 APPROVED;
  4. THAT the reasons for the approval of the minor variance seeking relief from Section 7.8.2.1.6 are as follows: the proposed variance is considered minor in nature, maintains the general intent and purpose of the Zoning By-law and Official Plan, and is considered desirable for the appropriate use of the subject lands; and,
  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 APPROVED subject to the conditions listed in Appendix C of Memo 2024-479;
  6. THAT the reason(s) for approval of B15-2024 are as follows: the proposed consent complies with the general intent ad purpose of the Zoning By-law and Official Plan, and is compatible with the surrounding area and will not 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”
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.2:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Tamara Cupoli, Tara Gaskin, Ashish Patel – 6

  No: None - 0

  
  

3.3

Application A38-2024 - 77 Waldron Street, 2024-434

Agent - MHBC (Stephanie Mirtitsch)

Applicant - LIV (Conklin) LP (Jeff Colyer)

Owner - Telephone City Aggregates Inc

Stephanie Mirtitsch, MHBC Planning, appeared before the Committee and provided an overview of the application. The applicant is seeking to facilitate the construction of a single detached dwelling on an irregularly shaped vacant lot. The agent answered various questions from the Committee. 

The Committee did not request to see the staff presentation however Mila Masic, Intermediate Development Planner, appeared before the Committee and answered various questions.

No members of the public appeared virtually or in person to speak to the application.

The agent did not have any clarifying statements.

• Moved by Mike Bodnar
  Seconded by Tamara Cupoli

  1. THAT Minor Variance application A38-2024 seeking relief from Section 7.7.3.10.3.5 of Zoning By-law 160-90 for the lands municipally known as 77 Waldron Street to permit a rear yard setback of 0.88 m, whereas 6.0 m is otherwise required, BE APPROVED, conditional upon a minimum interior side yard of 15 m being provided adjacent to 31 Dennis Avenue for any residential use or structure;
  2. THAT the reasons for the approval of the minor variance is 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 2024-434.”
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.3:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Tamara Cupoli, Tara Gaskin, Ashish Patel – 6

  No: None - 0

  
  

3.4

Application B28-2024 - 64 Cumberland Street, 2024-474

Agent - J.H. Cohoon Engineering Limited

Applicant/Owner - Estate of Ken & Sylvia Lawrence

Bob Phillips of JH Cohoon Engineering Ltd, appeared before the Committee and provided an overview of the application. The applicant is seeking to sever the existing semi-detached dwelling into two (2) separately conveyable units. The agent requested that Condition #5 be removed from the conditions of consent. The agent answered various questions from the Committee. 

The Committee did not request to see the staff presentation however Lindsay King, Intermediate Development Planner, appeared before the Committee and answered various questions.

No members of the public appeared virtually or in person to speak to the application.

The agent did not have any clarifying statements.

The public hearing was completed and subsequently closed.

• Moved by Mike Bodnar
  Seconded by Tamara Cupoli

  1. THAT Consent application B28-2024 requesting to sever a parcel of land with an area of 291.42 m² from the subject property municipally addressed as 64 & 64 ½ Cumberland Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-474 as Appendix A, with Condition #5 amended to include “if necessary”;
  2. THAT the reason(s) for approval of B28-2024 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 2024-474.”

  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.4:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Tamara Cupoli, Tara Gaskin, Ashish Patel – 6

  No: None - 0

  
  

3.5

Application B30-2024 & B31-2024 - 410 Hardy Road, 2024-459

Agent - J.H. Cohoon Engineering Limited

Applicant/Owner - 2297742 Ontario Inc.

Bob Phillips of JH Cohoon Engineering Ltd., appeared before the Committee and provided an overview of the application. The applicant is seeking approval to develop a multi-unit industrial building on each severed lot, with the intention of renting out the units. The agent answered various questions from the Committee. 

The Committee did not request to see the staff presentation however Lindsay King, Development Planner, appeared before the Committee and answered various questions.

No members of the public appeared virtually or in person to speak to the application.

The agent did not have any clarifying statements.

The public hearing was completed and subsequently closed.

• Moved by Mark Simpson
  Seconded by Mike Bodnar

  1. THAT consent applications B30-2024 and B31-2024 requesting to sever the subject lands municipally addressed as 410 Hardy Road, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-459 as Appendix A (Lot 2) and Appendix B (Lot 3);
  2. THAT the reason(s) for approval of B30-2024 and B31-2024 are as follows: having regard for the matters under Section 51(24) of the Planning Act, Staff are 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 INCLDUED 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. 2024-459.”
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.5

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Tamara Cupoli, Tara Gaskin, Ashish Patel – 6

  No: None - 0

  
  

3.6

Application A35-2024 - 904 Colborne Street, 2024-450

Agent - Castle Concepts Ltd. (Robert Grundy)

Applicant/Owner - Scott Vet Clinic (Shannon Lee)

Robert Grundy of Castle Concepts, appeared before the Committee and provided an overview of the application. The applicant is seeking approval to facilitate the construction of an addition for a new office space to the existing veterinary clinic. The agent answered various questions from the Committee. 

The Committee did not request to see the staff presentation however Lindsay King, Development Planner, appeared before the Committee and answered various questions.

No members of the public appeared virtually or in person to speak to the application.

The agent did not have any clarifying statements.

The public hearing was completed and subsequently closed.

• Moved by Tamara Cupoli
  Seconded by Ashish Patel

  1. THAT application A35-2024 seeking relief from Section 9.8.2.1.7.2 of Zoning By-Law 160-90 to permit a side yard setback of 3.86 m, whereas 6.0 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 2024-450.”
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.6:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Tamara Cupoli, Tara Gaskin, Ashish Patel – 6

  No: None - 0

  
  

3.7

Application A37-2024 - 17 Pleasant Crescent, 2024-457

Agent - Bryce Casier

Applicant/Owner - Allen Dickenson

Bryce Casier, appeared before the Committee and provided an overview of the application. The applicant is seeking approval to facilitate the construction an accessory building in the exterior side yard. The agent answered various questions from the Committee. 

The Committee did not request to see the staff presentation however Lindsay King, Development Planner, appeared before the Committee and answered various questions.

No members of the public appeared virtually or in person to speak to the application.

The agent did not have any clarifying statements.

• Moved by Tamara Cupoli
  Seconded by Mark Simpson

  1. THAT application A37-2024 seeking relief from Section 4.4 (b) and 9.2 of Zoning By-law 61-16 to permit an accessory building in an exterior side yard, and within 2.7 m of Mount Pleasant Road and within 5.4 m of Pleasant Crescent, whereas a minimum distance of 7.5 m from a public roadway is otherwise required, BE APPROVED; and,
  2. THAT the reasons for the approval of the minor variances 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 that 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 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 No. 2024-457.
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.7:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Tamara Cupoli, Tara Gaskin, Ashish Patel – 6

  No: None - 0

  
  

3.8

Application B29-2024 & A36-2024 - 32 Niagara Street, 2024-442

Applicant/Owner - Muhammad Mughal

Muhammad Mughal, appeared before the Committee and provided an overview of the application. The applicant is seeking approval to facilitate a severance and the construction of a 2-storey single detached dwelling, with a ground floor area of approximately 107.14 m² and 

The agent answered various questions from the Committee. 

The Committee did not request to see the staff presentation however Lindsay King, Development Planner, appeared before the Committee and answered various questions.

No members of the public appeared virtually or in person to speak to the application.

The agent did not have any clarifying statements.

The public hearing was completed and subsequently closed.

• Moved by Mike Bodnar
  Seconded by Ashish Patel

  1. THAT application A36-2024 seeking relief from Section 7.8.2.1.2.1 of Zoning By-Law 160-90 to permit a lot width of 8.3 m for the severed parcel, whereas a minimum of 9 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;
  3. THAT Consent application B29-2024 requesting to sever a parcel of land from the subject property municipally addressed as 32 Niagara Street, having a lot area of 333.97 m² and a retained parcel of land having a lot area of 472.66 m², BE APPROVED subject to the Conditions of Consent, attached to Report 2024-442 as Appendix A;
  4. THAT the reason(s) for approval of B29-2024 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 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 2024-442.”
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.8:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar,  Tamara Cupoli, Tara Gaskin, Ashish Patel – 6

  No: None - 0

  
  

4.

Presentations/Delegations

There were no presentations or delegations.

5.

Items for Consideration

5.1

Application A30-2024 - 372 Darling Street, 2024-410, 2024-481

Agent/Applicant - Ken Bekendam

• Moved by Tamara Cupoli
  Seconded by Mike Bodnar

  THAT Clause A listed in Application A30-2024 for 372 Darling Street, previously adopted on July 3, 2024, BE AMENDED to the following:

  1. “THAT minor variance application A30-2024 seeking relief from Section 7.10.2.1.1.1 to permit a minimum lot area of 151 m²/unit whereas 167 m²/unit is otherwise required BE APPROVED.”
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 5.1:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar,  Tamara Cupoli, Tara Gaskin, Ashish Patel – 6

  No: None - 0

  
  

6.

Consent Items

6.1

Minutes

6.1.1

Committee of Adjustment - July 3, 2024

• Moved by Mark Simpson
  Seconded by Tamara Cupoli

  THAT the minutes of the July 3, 2024 meeting of the Committee of Adjustment BE APPROVED.

  Carried

7.

Resolutions

There were no resolutions.

8.

Notices of Motion

There were no Notices of Motion.

9.

Adjournment

The meeting adjourned at 6:46pm.