Committee of Adjustment

A. THAT Application A29/2019 requesting relief from the City of Brantford Zoning By-law 160-90 to permit a maximum lot coverage of 51% whereas 40% is required BE APPROVED; and B. 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 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 No. 2019-614.” Recorded vote on Item 3.1: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks – 6 NO: None – 0 Item 3.1

A. THAT Application A30/2019 requesting relief from the City of Brantford Zoning By-law 160-90 to permit a minimum Gross Floor Area of 48 m2 for a converted dwelling, whereas a minimum Gross Floor Area of 55 m2 is required, BE APPROVED; and B. 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 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 No. 2019-585.” Recorded vote on Item 3.2: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks – 6 NO: None – 0 Item 3.2

A. THAT Application A31/2019 requesting relief from Section 6.4.1.1 of the City of Brantford Zoning By-law 160-90 under to permit an encroachment of a deck of 4.8 m whereas 2.5 m is permitted and to permit an extension of the existing legal non-conforming use residential use under Section 45(2) of the Planning Act, BE APPROVED; and B. THAT the reason(s) for approval are as follows: the proposed variance under Sections 45(1) and 45(2) of the Planning Act is considered appropriate for the subject lands 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 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 No. 2019-636” Recorded vote on Item 3.3: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks – 6 NO: None – 0 Item 3.3

A. THAT Application A34/2019 requesting relief from the City of Brantford Zoning By-law 160-90 to permit an interior side yard setback of 1 m for Units 15, 21, 32 and 39 on Appendix B1 in Report No. 2019-581, whereas the Zoning By-law requires 3.0 m, to permit 53 dwelling units on the lands identified as Part 2 on Schedule ‘B’ Map R4A-68, whereas the Zoning By-law requires 60 and to permit 60 dwelling units on the lands identified as Part 1 on 9 Schedule ‘B’ Map R4A-68, whereas the Zoning By-law requires 53, BE APPROVED; and B. 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 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 No. 2019-581.” Recorded vote on Item 3.5: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks – 6 NO: None – 0 Item 3.5

A. THAT Application B31/2019 to sever a parcel of land from the northeast side of the lands municipally addressed as 164 Eagle Avenue, having a lot area of 406.5 m² and to retain a parcel of land having a lot area of 476.5 m² BE APPROVED, subject to the conditions attached in Appendix A of Report No. 2019-583; and B. THAT the reason(s) for approval are as follows: o 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 consistent with the Provincial Policy Statement; and C. 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. 2019-583.” Recorded vote on Item 3.7: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks – 6 NO: None – 0 Item 3.7

THAT the following minutes BE APPROVED: 6.1 Committee of Adjustment - September 18, 2019 Recorded vote on Item 6.1: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks – 6 NO: None – 0 Item 6.1