COMMITTEE OF ADJUSTMENT
AGENDA

Thursday, January 14, 2021

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

Brantford City Hall, 100 Wellington Square

Please note due to the COVID-19 Pandemic, this meeting will be held electronically. To view the livestream of the meeting, please visit: http://brantford.ca/VirtualCouncil.

If technical difficulties arise out of the livestream and the livestream becomes unavailable; members of the public can observe the meeting by calling 1-855-703-8985 or 1-647-374-4685 and entering the Meeting ID: 969 6135 7782.

Alternative formats and communication supports available upon request. For more information, please contact the City of Brantford Municipal Accessibility Coordinator at [phone] or by email at [e-mail].

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1.

ROLL CALL

2.

DECLARATIONS OF CONFLICTS OF INTEREST

3.

STATUTORY PUBLIC HEARINGS/ PUBLIC MEETINGS

3.1

Application A21/2020 – 205 King George Road, 2020-577 (deferred from December 2, 2020)

Agent - Pattison Outdoor Advertising
Owner - Loutia Investments Ltd.

• 1. THAT Application A21/2020, as detailed in Report 2020-577 at the December 2, 2020 Committee of Adjustment meeting, seeking relief from Section 478.14.6 of the Brantford Municipal Code to permit a billboard sign 3.2 m away from a street line whereas 9 m away is required BE REFUSED; and,
  2. That the reason(s) for refusal are as follows:
     • The relief requested is not considered minor in nature and the application does not comply with the criteria set out in Section 45(1) of the Planning Act; and
     • The proposed variance is not in keeping with the general intent of the Official Plan and Chapter 478 of the Brantford Municipal Code
  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 No. 2020-577”.

   

3.2

Application A01-2021 - 23 Heath Street, 2021-37

Agent - Shawn Sawatzky, Tropical Sunrooms
Applicant/Owner - Kerry and Lynn Cloet

• 1. THAT Application A01/2021 requesting relief from Section 7.4.2.1.6 to permit a rear yard of 5.1 m for the proposed sunroom and associated staircase, whereas a minimum rear yard of 7.5 m is required; and Section 7.4.2.1.3 to permit a maximum lot coverage of 47% whereas a maximum of 40% is permitted for the proposed sunroom, BE APPROVED; and
  2. THAT the reason(s) for approval are as follows: the proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the land; and
  3. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c.P.13, the following statement SHAL 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. 2021-37.”

   

3.3

Application A02-2021 - 345 Marlborough Street, 2021-16 

Agent/Applicant - Domenic Reale
Owner - Susanna Reale

• 1. THAT Application A02/2021 seeking relief from Section 7.4.2.1.2 of Zoning By-law 160-90 to permit a minimum lot width of 10 m, whereas a minimum lot width of 12 m is required BE APPROVED; and
  2. THAT the reason(s) for approval are as follows: the proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the land; 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 Sections 6.2 of Report No. 2021-16."

3.4

Application A03-2021 - 185 King George Road, 2021-44

Agent/Applicant - MHBC Planning (Trevor Hawkins)
Owner - King George Square Holdings Inc.

• 1. THAT Application A03/2021 to permit a ‘Halal Food Store’ as a similar or like use to a ‘Meat Store’ and ‘Fresh Produce Outlet’ in Zoning By-law 160-90, pursuant to Section 45(2)b of the Planning Act, BE APPROVED; and
  2. THAT the reason(s) for approval are as follows: the proposed variance under Sections 45(2) of the Planning Act is considered appropriate for the subject lands and will not result in adverse impacts on the surrounding properties. The application is in conformity with the general intent of the policies of the Official Plan and Zoning By-law 160-90; and
  3. 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 Section 6.2 of Report No. 2021-44”

3.5

Application A04-2021 - 16 Arthur Street, 2021-17

Applicant/Agent - Ken Bekendam
Owner - Niroshan Madavan

• 1. THAT Application A04/2021 requesting relief from the City of Brantford Zoning By-law 160-90 to permit a minimum Gross Floor Area of 32 m² for a converted dwelling, whereas a minimum Gross Floor Area of 55 m² is required, BE APPROVED; and
  2. THAT the reason(s) for approval are as follows: the proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject land; 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 No. 2021-17.”

3.6

Application A06-2021 - 181 Murray Street, 2021-75

Agent - Sadee Piper, White Willow Design
Applicant/Owner - Outbox Homes Inc. 

• 1. THAT Application A06/2021 seeking relief to permit tandem parking for a converted dwelling, whereas tandem parking is not permitted; to permit a tandem parking space within the front yard, whereas only one parking space is permitted within the front yard; and to permit a minimum lot area of 230 m², whereas 360 m² is required, BE APPROVED; and
  2. THAT the reason(s) for approval 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 and use of the land; 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

  “Regards has been had for all written and oral submissions received from the public before the decision was made in relation this planning matter, as discussed in Section 6.2 of Report No. 2021-75.”

3.7

Application A07-2021 - 73 George Street, 2021-74 

Applicant/Owner - Wilfrid Laurier University

• 1. THAT Application A07/2021 seeking relief from Schedule ‘B’ Section 2.7 – Guidelines – Heritage Buildings, of Chapter 478 of the City of Brantford Municipal Code to permit an internally illuminated sign, whereas internally illuminated signs, back-lit signs and electronic messaging centres are not permitted, BE APPROVED; and
  2. THAT the reason(s) for approval are as follows: the proposed variance is in keeping with the general intent of the Official Plan, Zoning By-law and Chapter 478 of the City of Brantford Municipal Code, the relief requesting is considered minor in nature and is desirable for the appropriate development and use of the land; 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 No. 2021-74.”

3.8

Application A08-2021 - Block 27 on 29T-18504, 201-76 

Agent - MHBC Planning
Applicant - Telephone City Aggregates Inc. (TCA)
Owner - James Dick Construction Ltd., TCA and 2006002 Ontario Inc.

• 1. THAT Application A08/2021 requesting relief from Zoning By-law 160-90 to permit interior side yards of 8.5 m (westerly side yard) and 10.0 m (easterly side yard), whereas 12 m is required; and a rear yard of 4.0 m, whereas 12 m is required, BE APPROVED;
  2. THAT the reason(s) for approval are as follows: the proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the land; 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 2021-76.”

3.9

Application B01-2021 and A05-2021 - 794-800 Colborne Street, 2021-18

Agent - J.H. Cohoon Engineering
Applicant/Owner - Raymond Bishay

• 1. THAT Application B01/2021 to sever a parcel of land from the east portion of the lands municipally addressed as 794, 796 and 800 Colborne Street, having a lot area of 3223 m² and retain a parcel of land having a lot area of 1971 m², BE APPROVED subject to the conditions attached as Appendix A to Report 2021-18; and
  2. THAT the reason(s) for approval 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. The applications are in conformity with the general intent of the policies of the Official Plan and Zoning By-law 160-90, specifically Section 18.9 of the Official Plan respecting consent applications including boundary adjustments within the City of Brantford and consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement; and
  3. THAT Application A05/2021 seeking relief from Section 9.9.2.1.1 of Zoning By-law 160-90 to permit a minimum lot area of 1960 m², whereas a minimum lot area of 4000 m² is required for the retained lot and Section 6.10.1 of Zoning By-law 160-90 to permit a minimum buffer of 3 m of landscaped open space, whereas a minimum buffer of 15 m of landscape open space or a buffer approved pursuant to the Site Plan Control provisions of the Planning Act is required where a lot in a Commercial Zone abuts a lot in a Residential Zone, BE APPROVED; and
  4. THAT the reason(s) for approval are as follows: the proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the land; and,
  5. THAT pursuant to Section 53(17)-(18.2) and 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 Sections 6.2 of Report No. 2021-18."

4.

PRESENTATIONS/DELEGATIONS [list, if any, available at the meeting]

5.

ITEMS FOR CONSIDERATION

5.1

B18/2020 – 118 & 126 Albion Street, 119 William Street, 2021-39 (Deferred from December 2, 2020)

Agent - George Ziotek
Applicant/Owner - Polish Alliance of Canada Brantford Branch 10

• 1. THAT Application B18/2020 to sever the parcel of land known municipally as 118 Albion Street, having a lot area of 432m2 and retain a parcel of land municipally known as 126 Albion Street and 119 William Street, having a total lot area of 3,144m2 BE APPROVED subject to the conditions attached as Appendix A to Report 2020-558; and
  2. THAT the reason(s) for approval 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. The application is in conformity with the general intent of the policies of the Official Plan and Zoning By-law 160-90, specifically Section 18.9 of the Official Plan respecting consent applications including boundary adjustments within the City of Brantford and consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement; and
  3. THAT pursuant to Section 53(17)-(18.2) and 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. 2020-558.”

6.

CONSENT ITEMS

6.1

MINUTES

6.1.1

Committee of Adjustment - December 2, 2020

7.

RESOLUTIONS

8.

NOTICES OF MOTION

9.

ADJOURNMENT