COMMITTEE OF ADJUSTMENT

MINUTES

Wednesday, September 04, 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, Virginia Kershaw, Ashish Patel

Regrets:  Tara Gaskin

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, and on  Item 5.1 Change of Conditions – B35-2022, B36-2022 & A31-2022 – 251 and 259 Memorial Drive, 2024-544 as she is the owner of one of the properties.

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

Ken Bekendam appeared before the Committee and provided an update on the new application submissions. The applicant is now requesting a minimum lot area/unit of 115 m²/unit and a minimum parking ratio of 1.25 spaces/unit respectively.

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 total number of units proposed and type of unit ownership proposed for the development.

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.

Mary Lou Rutter of 1030 Colborne St E., Brantford appeared before the Committee and expressed concerns related to the protection of trees, vegetation, and wildlife, and regarding the total number of units proposed. She further expressed concerns regarding changes to the character of the neighbourhood as a result of the proposed development and the impact the proposed variance would have on parking and traffic in the area.

No other persons appeared virtually or in-person to speak to the application.

The applicant re-appeared before the Committee to provide clarifying statements regarding the proposed parking ratios and their compliance with the proposed new Zoning By-law.

• Moved by Mark Simpson
  Seconded by Mike Bodnar

  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; and
  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; and
  3. THAT the reasons for the approval of the minor variance are as follows: the proposed variance is minor in nature, in keeping with the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development and use of the subject lands; and
  4. THAT pursuant to Section 45(8)-(8.2) of the Planning Act, 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 memo 2024-537.”
  Carried

  Recorded vote on item 3.1:

  Yes: Mark Simpson, Mike Bodnar, Virginia Kershaw, Ashish Patel – 4

  No: Gregory Kempa - 1

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

  
  

3.2

Application A39-2024 – 42 Bee Crescent, 2024-530

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

Owner – Empire Communities Ltd.

Agent for the applicant, Alexander Hardy of Armstrong Planning, appeared before the committee and provided an overview of the application. The applicant is seeking approval to facilitate the construction of a single detached dwelling on a vacant lot.

There were no questions of staff.

There were no persons virtually or in-person to speak to the application.

The applicant did not have any clarifying statements.

• Moved by Tamara Cupoli
  Seconded by Ashish Patel

  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”

  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.2:

  Yes: Gregory Kempa, Mark Simpson, Tamara Cupoli, Mike Bodnar, Virginia Kershaw, Ashish Patel – 6

  No: None - 0

  
  

3.3

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

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

Agent for the applicant, Colin Comissiong, appeared before the committee and provided an overview of the application. The applicant is seeking approval to increase to the maximum building expansion of a converted dwelling and a reduction to the required landscaped open space to facilitate the conversion of an existing mixed-use building into a converted dwelling.

Lindsay King, Intermediate Planner appeared before the Committee to answer various questions. 

There were no persons virtually or in-person to speak to the application.

The applicant reappeared before the committee and provided clarifying statements regarding the plans to dig out the basement to facilitate the creation of three of the nine units proposed. 

• Moved by Virginia Kershaw
  Seconded by Ashish Patel

  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.”
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.3:

  Yes: Gregory Kempa, Mark Simpson, Tamara Cupoli, Mike Bodnar, Virginia Kershaw, Ashish Patel – 6

  No: None - 0

  
  

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)

Agent for the Applicant, Rick DelGiallo appeared before the Committee and provided an overview of the application. The applicant is seeking approval to facilitate the conversion of a manual change letter board to a digital sign.

Ashley Timbs, Development Planner provided an update on the application. 

There were no persons virtually or in-person to speak to the application.

The applicant did not have any clarifying statements.

• Moved by Ashish Patel
  Seconded by Tamara Cupoli

  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”

  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.4:

  Yes: Gregory Kempa, Mark Simpson, Tamara Cupoli, Mike Bodnar, Virginia Kershaw, Ashish Patel – 6

  No: None - 0

  
  

3.5

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

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

Applicant/Owner - Empire Communities 

Agent for the applicant, Alexander Hardy of Armstrong Planning, appeared before the Committee and provided an overview of the application. A PowerPoint Presentation was made, a copy of which was placed in the meeting folder. The applicant is seeking approval to facilitate the construction of a 7 Block, 43-unit townhouse development with access from Conklin Road. The applicant answered various questions from the Committee.

Dora Pripon, Development Planner, appeared before the Committee and answered various questions from the Committee.

There were no persons virtually or in-person to speak to the application.

The applicant did not have any clarifying statements.

• Moved by Mike Bodnar
  Seconded by Ashish Patel

  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.”
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.5:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Virginia Kershaw, Tamara Cupoli, Ashish Patel – 6

  No: None - 0

  
  

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)

Agent for the applicant, Nick Wood of Corbett Land Strategies, appeared before the Committee and provided an overview of the application. The applicant is seeking approval to sever the southwest portion of 111 Sherwood Drive as well as sever the southeast portion of 125 Sherwood Drive in order to facilitate the creation of a new lot for future development.

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

Jonathan Cowper, 125 Sherwood Drive - Unit 35, Brantford appeared before the Committee and expressed concerns regarding the impact the proposed variance would have on parking and traffic in the area, and impacts on drainage, soil quality, and storm-water management as a result of the proposed development.

There were no other persons virtually or in-person to speak to the application.

The applicant did not have any clarifying statements. 

• Moved by Mike Bodnar
  Seconded by Ashish Patel

  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 and as listed in Memo 2024-566;
  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 and as listed in Memo 2024-566;
  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.”
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 3.6:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Virginia Kershaw, Tamara Cupoli,  Ashish Patel – 6

  No: None - 0

  
  

4.

Presentations/Delegations

There were no presentations or delegations.

5.

Items for Consideration

5.1

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

• Moved by Mark Simpson
  Seconded by Virginia Kershaw

  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.
  Carried Unanimously on a Recorded Vote

  Recorded vote on item 5.1:

  Yes: Gregory Kempa, Mark Simpson, Mike Bodnar, Virginia Kershaw, Ashish Patel – 5

  No: None - 0

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

  
  

6.

Consent Items

6.1

Minutes

6.1.1

Committee of Adjustment - August 7, 2024

• Moved by Virginia Kershaw
  Seconded by Mark Simpson

  THAT the minutes of the August 7, 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 7:15PM.