COMMITTEE OF ADJUSTMENTAGENDAWednesday, July 06, 2022 5:00 P.m. - 6:00 P.m.Brantford City Hall, 58 Dalhousie StreetPlease note due to the COVID-19 Pandemic, this meeting will be held electronically. Registration to view the meeting live or participate as a delegate can be completed by visiting: https://calendar.brantford.ca/meetings. Alternative formats and communication supports available upon request. For more information, please contact the City of Brantford Municipal Accessibility Coordinator at (519) 759-4150 or by email at accessibility@brantford.ca.1.ROLL CALL 2.DECLARATIONS OF CONFLICTS OF INTEREST 3.ITEMS FOR CONSIDERATION 3.1Appointment of New Secretary-Treasurer and Deputy Secretary-Treasurer THAT Sarah Hague BE APPOINTED as Secretary-Treasurer of the Committee and; THAT Holly Stemberger BE APPOINTED as Deputy Secretary-Treasurer of the Committee. 4.STATUTORY PUBLIC HEARINGS/ PUBLIC MEETINGS 4.1Applications B23-2022, B24-2022, B25-2022, B26-2022, B27-2022, B28-2022, & B29-2022 - 2, 4, 6, 8 & 10 Bowery Road and 50, 54 & 58 Wright Street, 2022-485 1.B23-2022 - B29-2022 - 2, 4, 6, 8, 10 Bowery Road and 50, 54, 58 Wright Street - 2022-485.pdfApplicant/Owner - Granite Property Nominee Inc. c/o Frank TozziAgent - MHBC Planning (Dave Aston)THAT application B23/2022 for a lot addition (boundary adjustment) to merge Block 7 with Block 8 as shown on Registered Plan 2M-1962 (see Appendix B), BE APPROVED, subject to the conditions attached as Appendix A1 to Report 2022-485; andTHAT application B24/2022 for a lot addition (boundary adjustment) to merge Block 6 with Blocks 7 and 8 as shown on the submitted Draft Reference Plan (see Appendix B), BE APPROVED, subject to the conditions attached as Appendix A2 to Report 2022-485; andTHAT application B25/2022 for a lot addition (boundary adjustment) to merge Block 5 with Blocks 6,7 4 and 8 as shown on Registered Plan 2M-1962 (see Appendix B), BE APPROVED, subject to the conditions attached as Appendix A3 to Report 2022-485; andTHAT application B26/2022 for a lot addition (boundary adjustment) to merge Block 4 with Blocks 5, 6, 7 and 8 as shown on Registered Plan 2M-1962 (see Appendix B), BE APROVED, subject to the conditions attached as Appendix A4 to Report 2022-485; andTHAT application B27/2022 for a lot addition (boundary adjustment) to merge Block 3 with Blocks 4, 5, 6, 7 and 8 as shown on Registered Plan 2M-1962 (see Appendix B), BE APROVED, subject to the conditions attached as Appendix A5 to Report 2022-485; andTHAT application B28/2022 for a lot addition (boundary adjustment) to merge Block 2 with Blocks 3, 4, 5, 6, 7 and 8 as shown on Registered Plan 2M-1962 (see Appendix B), BE APROVED, subject to the conditions attached as Appendix A6 to Report 2022-485; and THAT application B29/2022 for a lot addition (boundary adjustment) to merge Block 1 with Blocks 2, 3, 5, 6, 7 and 8 as shown on Registered Plan 2M-1962 (see Appendix B), BE APROVED, subject to the conditions attached as Appendix A7 to Report 2022-485; and THAT the reason(s) for approval of applications B23/2022, B24/2022, B25/2022, B26/2022, B27/2022, B28/2022, and B29/2022 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. The applications are in conformity with the general intent of the policies of the Official Plan and Zoning By-law 160-90 and are consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement; andTHAT 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 Notices 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. 2022-485.” 4.2Application B15/2022 - 300 King George Road, 2022-471 1.B15 - 2022 - 300 King George Road - 2022-471.pdfApplicant/Owner - 290-300 King George Road GP Inc., 290-300 King George Road LPAgent - Spears + Associates Inc., c/o Catherine A. Spears THAT application B15/2022 to create a long term lease for a portion of the lands municipally known as 300 King George Road, BE APPROVED, subject to the conditions attached in Appendix A. 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, consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement; and 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. 2022-471 4.3Application A/15 - 110 Clarence Street, 2022-464 1.A15-2022 - 110 Clarence Street - 2022-464.pdfApplicant/Agent - Property PathwaysOwner - 2319132 Ontario Inc.THAT Application A15/2022 requesting relief from the City of Brantford Zoning Bylaw 160-90 to permit a minimum lot area of 353 m2, whereas a minimum lot area of 360 m2 is required, BE APPROVED; 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 THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c.P.13, the following statement SHALLE 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. 2022-464.” 4.4Application A/23 - 172.5 Sheridan Street, 2022-482 1.A23-2022 - 172.5 Sheridan Street - 2022-482.pdfAgent/Applicant/Owner - Jorge PinedaTHAT Application A23/2022 requesting relief from the City’s Zoning By-law 160-90 to permit zero (0) parking spaces for the additional unit, whereas one (1) parking space is required BE APPROVED.That the reason(s) for approval are as follows: The proposed variance will facilitate appropriate residential intensification that is considered compatible with the surrounding area;The proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90; and,The relief requested is considered minor in nature and the application complies with criteria set out in Section 45(1) of the Planning Act.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 2022-482.” 4.5Application B19/2022 - 110 Gilkison Street, 2022-480 1.B19 - 2022 - 110 Gilkison Street - 2022-480.pdfOwner - Noranheim Holdings CorpAgent/Applicant - Khaled Isleem THAT Application B19/2022 to sever a parcel of land from the north side of the lands municipally addressed as 110 Gilkison Street, having a lot area of 235 m2 and to retain a parcel of land having a lot area of 258 m2 BE APPROVED, subject to the conditions attached in Appendix A of Report No. 2022-480, and.THAT the reason(s) for approval area as follow: 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, 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 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. 2022-480” 4.6Application A14/2022 - 73 Bishop Street, 2022-461 1.A14-2022 - 73 Bishop Street - 2022-461.pdfApplicant/Owner - Issac Stewart Agent - Pat KrolouskiTHAT Application A14/2022 requesting relief from the City of Brantford Zoning Bylaw 160-90 to permit a minimum rear yard of 2.0 m, whereas a minimum rear yard of 7.5 m is required, BE APPROVED; 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 THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c.P.13, the following statement SHALLE 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. 2022-461.” 4.7Applications B16/2022 and A28/2022 - 218-220 Nelson Street, 2022-473 1.B16-2022 and A28-2022 - 218-220 Nelson Street - 2022-473.pdfApplicant - Melanie HagueOwner - Melanie Hague and Charles ChungTHAT Application B16/2022 to sever a parcel of land municipally addressed as 220 Nelson Street, having a lot area of 414 m², and to retain a parcel of land municipally addressed at 218 Nelson Street, having a lot area of 344 m², BE APPROVED, subject to the conditions attached is Appendix A to Report 2022-473; 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; THAT Application A28/2022 requesting relief from Section 7.8.2.1.7.1 of the City of Brantford Zoning By-law 160-90 to permit a minimum interior side yard of 0.0 m along a common wall, whereas 0.6 m is required, BE APPROVED;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 lands; and,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. 2022-473.” 4.8Application A25/2022 - 90 Ava Road, 2022-470 1.A25-2022 - 90 Ava Road - 2022-470.pdf2.Update regarding A25-2022 for 90 Ava Road - Requested Condition of Approval - 2022-511.pdfAgent - Ben McFadgenApplicant/Owner - Eric Stigter THAT Application A25/2022 requesting relief from Section 6.3.1.21 of the City of Brantford Zoning By-law 160-90 to permit a maximum height of 7.24 m for an accessory building in a residential zone, whereas a maximum height of 4.5 m is permitted, and Section 6.32.8 to permit an accessory dwelling unit on the 2nd floor of an accessory structure, whereas accessory dwelling units in accessory structures shall not be permitted above the first floor, BE APPROVED; 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 lands; and 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 No. 2022-470.” 4.9Application A16/2022 - 309 Nelson Street, 2022-481 1.A16-2022 - 309 Nelson Street - 2022-481_joe_final.pdfApplicant - Ken BekendamOwner - King Management Group Inc.THAT Application A16/2022 seeking relief from Section 7.8.2.1.12.1 of Zoning By-law 160-90 to permit a 100% increase of the gross floor area of the building which existed at the date of passing of this by-law for the expansion of a building to be used for the purpose of a converted dwelling, whereas a 50% increase is permitted, BE APPROVED; andTHAT 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; andTHAT 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. 2022-481.” 4.10Application A13/2022 - 8 Sterling Street, 2022-459 1.A13-2022 - 8 Sterling Street - 2022-459_final.pdfApplicant - Mike DykstraAgent - Bob PhilipsOwner - Kenneth LloydTHAT Application A13/2022 requesting relief from the City of Brantford Zoning Bylaw 160-90 to permit a minimum front yard of 3.5 m, whereas a minimum front yard of 6.0 m is required, BE APPROVED; THAT Application A13/2022 requesting relief from the City of Brantford Zoning Bylaw 160-90 to permit a maximum lot coverage of 43.3%, whereas a maximum lot coverage of 40% is required, BE APPROVED; 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 THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c.P.13, the following statement SHALLE 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. 2022-459.” 4.11Applications B17/2022 and A18/2022 - 30 Proctor Avenue, 2022-486 1.B17 2022 A18 2022 30 Proctor Street - 2022-486.pdfApplicant/Owner - Joan GriffinTHAT Application B17/2022 to sever a parcel of land from the west portion of the lands municipally addressed as 30 Proctor Avenue, having a lot area of 465 m2 and retain a parcel of land having a lot area of 535 m2, BE APPROVED subject to the conditions attached as Appendix A to Report 2022-486;THAT the reason(s) for approval are as follows: having regard for the matter 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 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 is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement;THAT Application A18/2022 requesting relief from Section 7.3.2.1.5 of the City Of Brantford Zoning By-law 160-90 to permit a 3 m front yard setback for a proposed garage, whereas 6 m is required, BE APPROVED;THAT Application A18/2022 requesting relief from Section 7.3.2.1.6 of the City Of Brantford Zoning By-law 160-90 to permit a 1.23 m rear yard setback for a proposed garage, whereas 6 m is required, BE APPROVEDTHAT 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 lands; and,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. 2022-486” 4.12Application B18/2022 and A20/2022 - 73 Murray Street, 2022-487 1.B18 2022 and A20 2022 73 Murray Street - 2022-487.pdfApplicant/Owner - Multani Custom HomesTHAT Application B18 2022 to create an easement for access to a parking space over Part 3 on Plan 2R-7864 in favour of Part 4 in Plan 2R-7864, BE APPROVED, subject to the conditions attached as Appendix A to Report 2022-487;THAT the reason(s) for approval are as follows: having regard for the matter 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 the surrounding properties. The application is in conformity with the general intent of the policies of the Official Plan, specifically Section 9.3(d) regarding the creation of easements within the City of Brantford and is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and the Provincial Policy Statement;THAT Application A20/2022 requesting relief from Section 6.18.7.8 of the City Of Brantford Zoning By-law 160-90 to permit 5 parking spaces for a proposed fourplex, whereas 6 spaces are required, BE APPROVED;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 lands; and,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. 2022-487” 5.PRESENTATIONS/DELEGATIONS [list, if any, available at the meeting] 6.CONSENT ITEMS 6.1MINUTES 6.1.1Committee of Adjustment - June 8, 2022 1.06.08.22 CoA Minutes.pdf7.RESOLUTIONS 8.NOTICES OF MOTION 9.ADJOURNMENT No Item Selected This item has no attachments1.B23-2022 - B29-2022 - 2, 4, 6, 8, 10 Bowery Road and 50, 54, 58 Wright Street - 2022-485.pdf1.B15 - 2022 - 300 King George Road - 2022-471.pdf1.A15-2022 - 110 Clarence Street - 2022-464.pdf1.A23-2022 - 172.5 Sheridan Street - 2022-482.pdf1.B19 - 2022 - 110 Gilkison Street - 2022-480.pdf1.B16-2022 and A28-2022 - 218-220 Nelson Street - 2022-473.pdf1.A14-2022 - 73 Bishop Street - 2022-461.pdf1.A25-2022 - 90 Ava Road - 2022-470.pdf2.Update regarding A25-2022 for 90 Ava Road - Requested Condition of Approval - 2022-511.pdf1.A16-2022 - 309 Nelson Street - 2022-481_joe_final.pdf1.A13-2022 - 8 Sterling Street - 2022-459_final.pdf1.B17 2022 A18 2022 30 Proctor Street - 2022-486.pdf1.B18 2022 and A20 2022 73 Murray Street - 2022-487.pdf1.06.08.22 CoA Minutes.pdf