COMMITTEE OF ADJUSTMENT
AGENDA

Wednesday, June 07, 2023

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

Council Chambers, Brantford City Hall

58 Dalhousie Street, Brantford

This meeting will be held in a hybrid meeting format (virtual and in-person). Registration to view the meeting virtually, or participate as a delegate virtually, can be completed by visiting: https://calendar.brantford.ca/meetings.
Register to attend in-person as a delegate by visiting: https://form.brantford.ca/Your-Government/Delegation-Request-Form.
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 No. A19/2023 - 40 Nautical Road, 2023-370

Agent/Applicant - Sandeep Malhotra
Owner - Maulik Upala

• 1. THAT application A19/2023 seeking relief from Section 6.18.3.3.of Zoning By-law 160-90 to permit two parking spaces in the required front yard whereas a maximum of one parking space is permitted in the required front yard BE APPROVED; and
  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; 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 2023-370.”

3.2

Application No. A21/2023 - 242 Mount Pleasant Road, 2023-375

Agent - Arcadis/ IBI Group c/o Odete Gomes
Owner/Applicant - 2495494 Ontario Inc. 

• 1. THAT application A21/2023 seeking relief from Section 7.3.2.1.7.2 of Zoning By-law 160-90 to permit an exterior side yard of 2.0 m, whereas an exterior side yard of 3.0 m is required, BE APPROVED; and
  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 2023-375.”

3.3

Application No. B17/2023 - 24 Balfour Street , 2023-376

Agent/Applicant - Ronald De Coteau c/o Property Pathways Inc. 
Owner - 2712007 Ontario Inc. c/o Chris Henderson

• 1. THAT Application B17/2023 to sever a parcel of land from the northeastern portion of the lands municipally addressed as 24 Balfour Street, having a lot area of 353 m², and to retain a parcel of land having a lot area of 393 m², BE APPROVED, subject to the conditions attached in Appendix A to Report 2023-376; 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 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 9.3 (g – i) of the Official Plan respecting consent applications within the City of Brantford and is 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) 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. 2023-376.”

3.4

Application No. B18/2023, B19/2023 and B20/2023 - 144 Mary Street, 2023-390

Agent - J.H. Cohoon Engineering Limited 
Owner/Applicant - Mark Bennett

• 1. THAT Application B18/2023 to sever a parcel of land (identified as Lot 1 in the concept plan attached as Appendix A to Report 2023-390) from the western portion of the lands municipally addressed as 144 Mary Street having a lot area of 753.7 m², and to retain a parcel of land having a lot area of approximately 2,044 m², BE REFUSED; and 
  2. THAT the reason(s) for refusal of B18/2023 are as follows: Does not have regard for the matters under Section 51(24) of the Planning Act, in that it is not desirable or compatible with the surrounding area. The application is not in conformity with the general intent of the policies of the Official Plan and Zoning By-law, specifically Section 6.8 of the Official Plan respecting Undesirable Noise and Emissions as no land use compatibility study has been completed to identify appropriate parameters for further intensification and development on the lands; and
  3. THAT Application B19/2023 to sever a parcel of land (identified as Lot 2 in the concept plan attached as Appendix A to Report 2023-390) from the western portion of the lands municipally addressed as 144 Mary Street having a lot area of 754.2 m², and to retain a parcel of land having a lot area of approximately 2,044 m², BE REFUSED; and 
  4. THAT the reason(s) for refusal of B19/2023 are as follows: Does not have regard for the matters under Section 51(24) of the Planning Act, in that it is not desirable or compatible with the surrounding area. The application is not in conformity with the general intent of the policies of the Official Plan and Zoning By-law, specifically Section 6.8 of the Official Plan respecting Undesirable Noise and Emissions as no land use compatibility study has been completed to identify appropriate parameters for further intensification and development on the lands; and
  5. THAT Application B20/2023 to sever a parcel of land (identified as Lot 3 in the concept plan attached as Appendix A to Report 2023-390) from the southeastern portion of the lands municipally addressed as 144 Mary Street having a lot area of 698 m², and to retain a parcel of land having a lot area of approximately 2,100 m², BE REFUSED; and 
  6. THAT the reason(s) for refusal of B20/2023 are as follows: Does not have regard for the matters under Section 51(24) of the Planning Act, in that it is not desirable or compatible with the surrounding area. The application is not in conformity with the general intent of the policies of the Official Plan and Zoning By-law, specifically Section 6.8 of the Official Plan respecting Undesirable Noise and Emissions as no land use compatibility study has been completed to identify appropriate parameters for further intensification and development on the lands; 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. 2023-390.”

3.5

Application No. B21/2023 and A18-2023 - 150 and 154 Pearl Street, 2023-377

Applicant - Matthew Joniec 
Owner - Brantford Polish Social Club 

• 1. THAT Application A18/2023 requesting relief from Section 9.8.2.1.7.1.2 of Zoning By-law 160-90 to permit the existing interior side yard of 1.2 m for the retained parcel, whereas 6.0 m is required, and from section 9.8.2.1.8 to permit the existing landscaped open space of 0% for the retained parcel, whereas 10% is required, BE APPROVED; and
  2. THAT the reason(s) for approval 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 Application B21/2023 to sever a parcel of land, known as 150 Pearl Street from the southeastern portion of the lands municipally addressed as 154 Pearl Street, having a lot area of 374 m², and to retain a parcel of land having a lot area of 2,246 m², BE APPROVED, subject to the conditions attached is Appendix A to Report 2023-377; and
  4. 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 9.3 (g – i) of the Official Plan respecting consent applications within the City of Brantford and is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement; 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 No. 2023-377”.

3.6

Application No. B22/2023 - 287-293 Mount Pleasant Road and 251 Mount Pleasant Road, 2023-371

Agent - MHBC Planning c/o Trevor Hawkins
Applicant - 14067835 Canada Inc. (c/o Faisal Javaid)
Owner - The Trustees of the Farrington Independent Church

• 1. THAT Application B22/2023 to transfer a 2.285 ha parcel of land from the northeastern portion of the lands municipally addressed as 287-293 Mount Pleasant Road, to the lands municipally addressed as 251 Mount Pleasant Road, BE APPROVED, subject to the conditions attached in Appendix A to Report 2023-371; 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 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 9.3 (g – i) of the Official Plan respecting consent applications within the City of Brantford and is 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) 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. 2023-371.”

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 Meeting - May 3, 2023

7.

RESOLUTIONS

8.

NOTICES OF MOTION

9.

ADJOURNMENT