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Committee of Adjustment
July 10, 2019
What was decided (7 motions)
6 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
A. THAT Application B23/2019 BE
Moved by Tim Philp, seconded by Greg Kempa
Deferred
A. THAT Application A16/2019 requesting relief from Section 4.4 in accordance with Table 4.1 of the County of Brant Zoning By-law to permit a gross floor area for an accessory building of 560 m 2 whereas a maximum of 95 m2 is permitted BE APPROVED; 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 4 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- 427.”
Moved by Greg Kempa, seconded by Tara Gaskin
Carried
A. THAT Application A19/2019 requesting relief from the City of Brantford Zoning By-law to permit a minimum of 10 stacking lane parking spaces for the proposed fast food restaurant on the northerly portion of the lot whereas a minimum of 13 stacking lane parking spaces are required BE APPROVED; 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 160-90, 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- 437.”
Moved by Tim Philp, seconded by Greg Kempa
Carried
A. THAT Application No. A24/2018 seeking relief from Zoning By-law 160-90 for the lands municipally known as 19 Pollard Street to permit the existing accessory structure to be located 0.33 m from the rear and interior lot lines, whereas 0.6 m is required, and its associated eaves to be located 0.076 m from the rear and interior lot lines, whereas 0.3 m is required, BE APPROVED; B. THAT the reason(s) for approval are as follows: The proposed variances 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 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 2019-420.”
Moved by Tim Philp, seconded by Tara Gaskin
Carried
A. THAT application B24/2019 to sever a parcel of land from the east side of the lands municipally addressed as 53 Abigail Avenue, having a lot area of 270.3 m² and to retain a parcel of land having a lot area of 280.8m² BE REFUSED; B. THAT the reason(s) for refusal are as follows: Does not have regard for the matters under Section 51 (24) of the Planning Act, and does not meet the policies of the Official Plan respecting lot creation; C. THAT application A20/2019 seeking relief from Zoning By-law 160-90 for the lands municipally known as 53 Abigail Avenue BE REFUSED for the following variances: o Retained Lot: Relief from Section 7.4.2.1.6 to permit a minimum rear yard of 5.6 m for the retained lot, whereas a minimum rear yard of 7.5 m is required. Relief from Section 7.4.2.1.1 to permit a minimum lot area of 280 m2 for the retained lot, whereas a minimum lot area of 360 m2 is required. o Severed Lot: Relief from Section 7.4.2.1.1 to permit a minimum lot area of 270m 2 for the severed lot, whereas a minimum lot area of 360 m 2 is required. Relief from Section 7.4.2.1.6 to permit a minimum rear yard of 4.6 m for the main portion of the dwelling on the severed lot, and a minimum rear yard of 2.6 m for the attached garage, for the severed lot, whereas a rear yard setback of 7.5 m is required. 9 Relief from Section 7.4.2.1.5 to permit a minimum front yard of 3.85 m for the severed lot, whereas a minimum front yard of 6.0 m or the established front building line, whiche
Moved by Tim Philp, seconded by Tara Gaskin
Carried
A. THAT Application B07/2018 for boundary adjustment to transfer 227.5m2 of land from 64 Brant Avenue to the lands at 43 Church Street; and for the creation of an easement over a portion of 43 Church Street, in favour of 64 Brant Ave, for access to and maintenance of the retaining walls located on 64 Brant Avenue BE APPROVED, subject to the conditions attached as Appendix A in Report No. 2019-423; B. THAT the reason(s) for approval are as follows: Having regard for the matters under Section 51 (24) of the Planning Act, and meets policies of the Official Plan respecting lot creation and boundary adjustments. 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; C. THAT Application A18/2019 BE APPROVED, in accordance with the following: 1. Relief from Section 9.4.2.1.3 for 64 Brant Avenue to permit a maximum lot coverage of 44% for the lands at 64 Brant Avenue, whereas a maximum of 40% is required; D. That the reason(s) for approval of the minor variance 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 land; and E. 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 Not
Moved by Greg Kempa, seconded by Tara Gaskin
Carried
THAT the following minutes BE APPROVED: 6.1 Committee of Adjustment - May 29, 2019