COMMITTEE OF ADJUSTMENT

AGENDA

Meeting #:
Date:	Thursday, November 14, 2019
Time:	5:30 P.m. - 7:30 P.m.
Location:	Council Chambers, Brantford City Hall

​Please note: Agenda is available on-line at www.brantford.ca

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1.

ROLL CALL

2.

DECLARATIONS OF CONFLICTS OF INTEREST

3.

STATUTORY PUBLIC HEARINGS/PUBLIC MEETINGS

3.1

Application A35/2019 - 63 Salisbury Avenue (2019-716)

Agent - Wendy Greenspoon-Soer
Applicant/ Owner - Jennifer Lou-Anne LeBlanc & Levi Brubacher

• 1. THAT Application A35/2019 requesting relief from the City of Brantford Zoning By-law 160-90 to permit a minimum side yard of 0.08 m for an existing accessory structure (deck), whereas 0.6 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 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. 2019-716.”

3.2

Application A36/2019 - 12 Inverness Street (2019-723)

Agent - Brandon Barnim
Applicant/ Owner - Elizabeth Caro

• 1. THAT Application A36/2019 requesting relief from the City of Brantford Zoning By-law 160-90 to permit a minimum side yard of 0.55 m for an integral carport, whereas 1 m is required where an integral garage or integral carport is provided, BE APPROVED, conditional upon the installation of rain gutters on the carport and directing any downspouts away from the adjacent property to the satisfaction of the Planning and Public Works Departments;
  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. 2019-723.”

3.3

Application A37/2019 - 41 Abigail Avenue (2019-715)

Applicant/ Owner - Amanda Allison

• 1. THAT Application A37/2019 requesting relief from the City of Brantford Zoning By-law 160-90 to permit the following:
     1. Section 6.3.1.1 to permit a maximum lot coverage of 14 %, whereas a maximum of 10% for accessory buildings and structures is required; and
     2. Section 6.17.3 to permit an area of 37.1 m² for a home occupation, whereas a maximum area of 28 m² is required, BE APPROVED;
  2. THAT the reason(s) for approval area 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 submission received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2019-715”

3.4

Application B32/2019 - 5 Lloyd Street (2019-706)

Applicant/ Owner - Kevin & Michelle Ras

• 1. THAT Application B32/2019 to sever a parcel of land from the western portion of the lands municipally addressed as 5 Lloyd Street, having a lot area of 816 m² and to retain a parcel of land having a lot area of 790 m² BE APPROVED, subject to the conditions attached as Appendix A in Report No. 2019-706;
  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 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 of the policies of the Official Plan and Zoning By-law, specifically Section 18.9 (Official Plan) respecting the creation of lots within the City of Brantford, conforms with the policies of the Growth Plan for the Greater Golden Horseshoe and is consistent with the Provincial Policy Statement; 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. 2019-706.”

3.5

Applications B33/2019 & B34/2019 - 2 Conklin Crescent and 159 Tollgate Road (2019-725)

Agent - Robert Panko
Applicant/ Owners - Robert Panko & Margaret Boutilier and Jozsef Penzvalto

• 1. THAT Application B34/2019 to sever a parcel of land from the south side of the lands municipally addressed as 159 Tollgate Road, having an area of 217 m² be added as a lot boundary adjustment to 2 Conklin Crescent and retaining a parcel of land with an area of 558 m² BE APPROVED, subject to the conditions attached in Appendix A1 of Report No. 2019-725; and
  2. THAT Application B33/2019 to sever a parcel of land from the south side of the lands municipally addressed as 2 Conklin Crescent, having an area of 370 m² and retain a parcel of land having a minimum lot area of 520 m² BE APPROVED, subject to the conditions attached in Appendix A2 of Report No. 2019-725; and
  3. 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 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 of the policies of the Official Plan and Zoning By-law, specifically Section 18.9 (Official Plan) respecting the creation of lots within the City of Brantford, conforms with the policies of the Growth Plan for the Greater Golden Horseshoe and is consistent with the Provincial Policy Statement; and,
  4. 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 submission received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2019-725.”

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 - October 16, 2019

6.2

Approval of 2020 Meeting Dates

• THAT the following dates BE APPROVED for the Committee of Adjustment in 2020:

  HEARING DATE (5:30 p.m. EST)

  January 22, 2019

  February 19, 2020

  March 25, 2020

  April 15, 2020

  May 20, 2020

  July 15, 2020

  August 12, 2020

  September 9, 2020

  October 7, 2020

  November 4, 2020

  December 2, 2020

7.

RESOLUTIONS

8.

NOTICES OF MOTION

9.

ADJOURNMENT