COMMITTEE OF ADJUSTMENT
AGENDA

Wednesday, December 02, 2020

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

Council Chambers, Brantford City Hall

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: 978 4689 8300

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1.
ROLL CALL

2.
DECLARATIONS OF CONFLICTS OF INTEREST

3.
STATUTORY PUBLIC HEARINGS/PUBLIC MEETING

3.1
Application A20/2020 - 84 Lynden Road, 2020-566

1.A20-2020 - 84 Lynden Road - 2020-566.pdf

Agent - R.G. Richards & Associates
Applicant/Owner - I.G. Investment Management Ltd. & NADG (LPM) GP Ltd.

1. THAT Application A20/2020 requesting relief from Section 9.11.3.4.4.8.1.3 of the City of Brantford Zoning By-law 160-90 to permit a gross leasable area of 15,105 m² for a retail warehouse, whereas the maximum gross leasable area of a retail warehouse at 84 Lynden Road is 13,005 m² 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 Section 6.2 of Report No. 2020-566.”

3.2
Application A21/2020 - 205 King George Road, 2020-577

1.A21-2020 - 205 King George Road - 2020-577.pdf

Agent - Pattison Outdoor Advertising
Applicant/Owner - Loutia Investments Ltd

1. THAT Application A21/2020 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:
  1. 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
  2. The proposed variance is not in keeping with the general intent of the Official Plan and Chapter 478 of the Brantford Municipal Code; 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. 2020-577”

3.3
Application B16/2020 - 288 & 298 Murray Street, 2020-578

1.B16-2020 - 288 Murray Street - 2020-578.pdf

Agent - J. H. Cohoon Engineering Limited
Applicant/Owners - 2633350 Ontario Inc. (288 Murray St), 1617663 Ontario Inc. (298 Murray St)

1. THAT Application B16/2020 for a lot boundary adjustment for sever 93 m² of land from the southwest corner of 298 Murray Street to merge them with the lands a 288 Murray Street, and retain a parcel of land having a lot area of +/- 2.04 ha, BE APPROVED subject to the conditions attached as Appendix A of Report 2020-578; 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 boundary adjustment 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 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. 2020-578.”

3.4
Application B17/2020 & A24/2020 - 10 Cecil Avenue, 2020-569

1.B17-2020 A24-2020 - 10 Cecil Avenue - 2020-569.pdf

Applicant/Owner - Lucas, Al & Faith Bonfini

1. THAT Application B17/2020 to sever a parcel of land from the west portion of the lands municipally addressed as 10 Cecil Avenue, having a lot area of 425 m² and retain a parcel of land having a lot area of 438 m², BE APPROVED subject to the conditions attached as Appendix A to Report 2020-569; 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 A24/2020 seeking relief from Section 7.2.2.1.1 of Zoning By-law 160-90 to permit a minimum lot area of 425 m², whereas a minimum lot area of 550 m² is required for the severed lot; Section 7.2.2.1.1 of Zoning By-law 160-90 to permit a minimum lot area of 438 m², whereas a minimum lot area of 550 m² is required for the retained lot; Section 7.2.2.1.5.1 to recognize an existing front yard of 4.7 m for the retained lot, whereas a minimum front yard of 6 m or the established front building line is required; and Section 7.2.2.1.6 to permit a minimum rear yard of 6 m for the severed parcel, whereas a minimum rear yard of 7.5 m is required, 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. 2020-569.”

3.5
Application B18/2020 - 118 Albion Street, 2020-558

1.B18-2020 - 118 Albion Street - 2020-558.pdf

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.”

3.6
Application B19/2020 - 111 Sherwood Drive & B20/2020 - 125 Sherwood Drive, 2020-563

1.B19-2020 and B20-2020 - 111 and 125 Sherwood Drive - 2020-563.pdf

Agent - J.H. Cohoon Engineering Ltd.
Applicant/Owner - Forge and Foster (B19/2020) and Multani Custom Homes (B20/2020)

1. THAT Application B19/2020 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 B20/2020, and retain a parcel of land with an area of 3.82 ha, BE APPROVED, subject to the conditions attached in Appendix A1 of Report No. 2020-563; and
2. THAT Application B20/2020 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 B19/2020, 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 A2 of Report No. 2020-563; 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 2020-563