Committee of Adjustment

THAT Application A27/2023 seeking relief from Zoning By-law 160-90 for the severed portions of the lands municipally known as 251 Stanley Street, BE APPROVED for the following variances, provided that a minimum interior side yard of 7.5 m and a minimum exterior side yard of 6.0 m are provided for Severed Lot 2: Severed Lot 1 (B25/2023): Section 7.9.2.1.1.2.1 to permit a lot width of 3.96 m/unit (15.84 m) for a double duplex for severed lot 1, whereas a minimum lot width of 6.0 m/unit (24.0 m) is required; Severed Lot 2 (B26/2023): Section 7.9.2.1.5 to permit a front yard setback from Stanley Street of 3.0 m for severed lot 2, whereas 6.0 m is required; Section 7.9.2.1.6.1 to permit a rear yard of 2.4 m for severed lot 2, whereas a minimum rear yard of 7.5 m is required; Section 7.9.2.1.2.1 to permit a lot width of 2.82 m/unit (28.2 m) along Stanley Street for 10 street townhouse dwelling units for severed lot 2, whereas a minimum lot width of 6.0 m/unit (60.0 m) is required; 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, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the land; THAT Application B25/2023 to sever a parcel of land from the lands municipally addressed as 251 Stanley Street, having a lot area of 878.3 m 2 and retain a parcel of land occupied by the existing single detached dwelling having a lot area

Pang THAT Application A26/2023 requesting relief from Section 7.8.2.1.2.1 of Zoning By-law 160-90 to permit a minimum lot width of 8.3 m for a single-detached dwelling on the severed lot, whereas a minimum lot width of 9.0 m is required, and from Section 7.8.2.1.6 to permit a minimum rear yard of 2.09 m for the retained lot, whereas a minimum rear yard of 7.5 m is required, BE APPROVED; 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, THAT Application B24/2023 to sever the northern portion of 163 Grand River Avenue (Severed Lot), having a lot area of approximately 383 m 2 , and to retain a parcel of land having a lot area of approximately 487 m 2 , BE APPROVED, subject to the conditions attached is Appendix A to Report 2023-458; 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

Recorded vote on Item 3.4: YES: Virginia Kershaw, Gregory Kempa, Jang Singh Panag – 3 NO: Mark Simpson, Tara Gaskin – 2 THAT Application A25/2023 requesting relief from Section 7.8.2.1.1.1 of Zoning By-law 160-90 to permit a lot area of 213.81 m 2 for a single-detached dwelling on the severed lot, whereas the Zoning By-law requires 270 m 2 , and from Section 7.8.2.1.6 of Zoning By-law 160-90 to permit a rear yard of 3.58 m for the severed lot and 6.0m for the retained lot, whereas the Zoning By-law requires 7.5 metres, and from Section 7.8.2.1.1.3 of Zoning By-law 160-90 to permit a lot area of 330.18 m 2 for a converted dwelling on the retained lot, whereas the Zoning By-law requires 360.0 m 2 , and from Section 6.18.7.8 to permit two parking spaces for a three unit converted dwelling, whereas three parking spaces are required, BE APPROVED; 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 Bylaw 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands, and THAT Application B23/2023 to sever the western portion of 59 Church Street (severed lot), having a lot area of 213.81 m 2 and the retained lot of 330.18 m 2 BE APPROVED, subject to the conditions attached in Appendix A to Report 2023-463; THAT the reason(s) for approval are as follows: having regard for the matters under S

THAT application A24/2023 seeking relief from Section 7.3.2.1.2 of Zoning By-law 160-90 to permit a lot width of 12.19 m, whereas a lot width of 15 m is required, relief from Section 7.3.2.1.1 of Zoning By-law 160-90 to permit a lot area of 405.86 m 2 , whereas a lot area of 450 m 2 is required, and relief from Section 7.3.2.1.3 to permit lot coverage of 41% whereas the maximum lot coverage permitted is 35%, BE APPROVED, provided that a Tree Protection Plan and accompanying Arborist Report prepared by a qualified Arborist for the Right-of-Way Tree located at 11/13 Charles St. be submitted and approved, to the satisfaction of the Manager of Development Engineering or his/her designate; 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, 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 2023-476 .”

THAT Holly Stemberger BE REMOVED as Deputy Secretary-Treasurer, Committee of Adjustment; and THAT Blaine Yatabe and Karen Pongracz BE APPOINTED as Deputy Secretary-Treasurers, Committee of Adjustment, to fulfill all duties of the Secretary-Treasurer in their absence.

Panag 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 m 2 , and to retain a parcel of land having a lot area of approximately 2,044 m 2 , BE REFUSED; and 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 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 m 2 , and to retain a parcel of land having a lot area of approximately 2,044 m 2 , BE REFUSED; and 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 wi

THAT the following minutes BE APPROVED: 6.1.1 Committee of Adjustment - June 7, 2023 6.1.2 Committee of Adjustment - July 5, 2023

A. THAT Holly Stemberger BE REMOVED as Deputy Secretary- Treasurer, Committee of Adjustment; and B. THAT Blaine Yatabe and Karen Pongracz BE APPOINTED as Deputy Secretary-Treasurers, Committee of Adjustment, to fulfill all duties of the Secretary-Treasurer in their absence.

A. THAT Application A27/2023 seeking relief from Zoning By-law 160-90 for the severed portions of the lands municipally known as 251 Stanley Street, BE APPROVED for the following variances, provided that a minimum interior side yard of 7.5 m and a minimum exterior side yard of 6.0 m are provided for Severed Lot 2: i. Severed Lot 1 (B25/2023): Section 7.9.2.1.1.2.1 to permit a lot width of 3.96 m/unit (15.84 m) for a double duplex for severed lot 1, whereas a minimum lot width of 6.0 m/unit (24.0 m) is required; ii. Severed Lot 2 (B26/2023): Section 7.9.2.1.5 to permit a front yard setback from Stanley Street of 3.0 m for severed lot 2, whereas 6.0 m is required; Section 7.9.2.1.6.1 to permit a rear yard of 2.4 m for severed lot 2, whereas a minimum rear yard of 7.5 m is required; Section 7.9.2.1.2.1 to permit a lot width of 2.82 m/unit (28.2 m) along Stanley Street for 10 street townhouse dwelling units for severed lot 2, whereas a minimum lot width of 6.0 m/unit (60.0 m) is required; B. 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, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the land; C. THAT Application B25/2023 to sever a parcel of land from the lands municipally addressed as 251 Stanley Street, having a lot area of 878.3 m2 and retain a parcel of land occupied by the existing single detached dwelling hav

A. THAT Application A26/2023 requesting relief from Section 7.8.2.1.2.1 of Zoning By-law 160-90 to permit a minimum lot width of 8.3 m for a single-detached dwelling on the severed lot, whereas a minimum lot width of 9.0 m is required, and from Section 7.8.2.1.6 to permit a minimum rear yard of 2.09 m for the retained lot, whereas a minimum rear yard of 7.5 m is required, BE APPROVED; B. 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, 6 C. THAT Application B24/2023 to sever the northern portion of 163 Grand River Avenue (Severed Lot), having a lot area of approximately 383 m2, and to retain a parcel of land having a lot area of approximately 487 m2, BE APPROVED, subject to the conditions attached is Appendix A to Report 2023-458; D. 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 Brant

A. THAT Application A25/2023 requesting relief from Section 7.8.2.1.1.1 of Zoning By-law 160-90 to permit a lot area of 213.81 m2 for a single-detached dwelling on the severed lot, whereas the Zoning By-law requires 270 m2, and from Section 7.8.2.1.6 of Zoning By-law 160-90 to permit a rear yard of 3.58 m for the severed lot and 6.0m for the retained lot, whereas the Zoning By- law requires 7.5 metres, and from Section 7.8.2.1.1.3 of Zoning By- law 160-90 to permit a lot area of 330.18 m2 for a converted dwelling on the retained lot, whereas the Zoning By-law requires 360.0 m2, and from Section 6.18.7.8 to permit two parking spaces 8 for a three unit converted dwelling, whereas three parking spaces are required, BE APPROVED; B. 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 Bylaw 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands, and C. THAT Application B23/2023 to sever the western portion of 59 Church Street (severed lot), having a lot area of 213.81 m 2 and the retained lot of 330.18 m2 BE APPROVED, subject to the conditions attached in Appendix A to Report 2023-463; D. 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

A. THAT application A24/2023 seeking relief from Section 7.3.2.1.2 of Zoning By-law 160-90 to permit a lot width of 12.19 m, whereas a lot width of 15 m is required, relief from Section 7.3.2.1.1 of Zoning By-law 160-90 to permit a lot area of 405.86 m2, whereas a lot area of 450 m2 is required, and relief from Section 7.3.2.1.3 to permit lot coverage of 10 41% whereas the maximum lot coverage permitted is 35%, BE APPROVED, provided that a Tree Protection Plan and accompanying Arborist Report prepared by a qualified Arborist for the Right-of-Way Tree located at 11/13 Charles St. be submitted and approved, to the satisfaction of the Manager of Development Engineering or his/her designate; B. 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, C. 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 2023-476.” Recorded vote on Item 3.4: YES: Virginia Kershaw, Gregory Kempa, Jang Singh Panag Tara Gaskin, Mark Simpson – 5 NO: None – 0

A. 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 APPROVED subject to the conditions attached in Appendix A of Memo 2023-478; and B. 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 APPROVED subject to the conditions attached in Appendix B of Memo 2023-478; and C. 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 m 2, BE APPROVED subject to the conditions attached in Appendix C of Memo 2023-478; and D. THAT the reason(s) for approval of applications B18/2023, B19/2023, & B20/2023 are as follows: i. The Brantford Committee of Adjustment, having regard for the matters under Section 51 (24) of the Planning Act, is satisfied that the proposed development is desirable and