Committee of Adjustment

3 A. THAT Application A21/2020 as amended, detailed in this memo 2021-85, seeking relief from Section 478.14.6 of the Brantford Municipal Code to permit a billboard sign 5.2 m away from a street line whereas 9 m away is required BE APPROVED; and B. That the reason(s) for approval are as follows:  The relief requested is considered minor in nature and the application complies with the criteria set out in Section 45(1) of the Planning Act; and  The proposed variance is in keeping with the general intent of the Official Plan and Chapter 478 of the Brantford Municipal Code. 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”. Recorded vote on Item 3.1: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Krystyna Brooks, Mike Bodnar – 5 NO: None – 0 Item 3.1

A. THAT Application A01/2021 requesting relief from Section 7.4.2.1.6 to permit a rear yard of 5.1 m for the proposed sunroom and associated staircase, whereas a minimum rear yard of 7.5 m is required; and Section 7.4.2.1.3 to permit a maximum lot coverage of 47% whereas a maximum of 40% is permitted for the proposed sunroom, 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 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 SHAL 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. 2021- 37.” Recorded vote on Item 3.2: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Krystyna Brooks, Mike Bodnar – 5 NO: None – 0 Item 3.2

A. THAT Application A02/2021 seeking relief from Section 7.4.2.1.2 of Zoning By-law 160-90 to permit a minimum lot width of 10 m, whereas a minimum lot width of 12 m 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 land; and 6 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 Sections 6.2 of Report No. 2021-16." Recorded vote on Item 3.3: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Krystyna Brooks, Mike Bodnar – 5 NO: None – 0 Item 3.3

A. THAT Application A03/2021 to permit a ‘Halal Food Store’ as a similar or like use to a ‘Meat Store’ and ‘Fresh Produce Outlet’ in Zoning By- law 160-90, pursuant to Section 45(2)b of the Planning Act, BE APPROVED; and B. THAT the reason(s) for approval are as follows: the proposed variance under Sections 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, 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. 2021-44” Recorded vote on Item 3.4: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Krystyna Brooks, Mike Bodnar – 5 NO: None – 0 Item 3.4

A. THAT Application A04/2021 requesting relief from the City of Brantford Zoning By-law 160-90 to permit a minimum Gross Floor Area of 32 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 9 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. 2021-17.” Recorded vote on Item 3.5: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Krystyna Brooks, Mike Bodnar – 5 NO: None – 0 Item 3.5

A. THAT Application A06/2021 seeking relief to permit tandem parking for a converted dwelling, whereas tandem parking is not permitted; to permit a tandem parking space within the front yard, whereas only one parking space is permitted within the front yard; and to permit a minimum lot area of 230 m2, whereas 360 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 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the 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 “Regards has been had for all written and oral submissions received from the public before the decision was made in relation this planning matter, as discussed in Section 6.2 of Report No. 2021-75.” Recorded vote on Item 3.6: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Krystyna Brooks, Mike Bodnar – 5 NO: None – 0 Item 3.6

A. THAT Application A07/2021 seeking relief from Schedule ‘B’ Section 2.7 – Guidelines – Heritage Buildings, of Chapter 478 of the City of Brantford Municipal Code to permit an internally illuminated sign, whereas internally illuminated signs, back-lit signs and electronic messaging centres are not permitted, 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, Zoning By-law and Chapter 478 of the City of Brantford Municipal Code, the relief requesting is considered minor in nature and is desirable for the appropriate development and use of the 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. 2021-74.” Recorded vote on Item 3.7: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Krystyna Brooks, Mike Bodnar – 5 NO: None – 0 12 Item 3.7

A. THAT Application A08/2021 requesting relief from Zoning By-law 160- 90 to permit interior side yards of 8.5 m (westerly side yard) and 10.0 13 m (easterly side yard), whereas 12 m is required; and a rear yard of 4.0 m, whereas 12 m is 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, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the 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 2021-76.”

A. THAT Application B01/2021 to sever a parcel of land from the east portion of the lands municipally addressed as 794, 796 and 800 Colborne Street, having a lot area of 3223 m2 and retain a parcel of land having a lot area of 1971 m2, BE APPROVED subject to the conditions attached as Appendix A to Report 2021-18; and B. 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 consent application is 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, specifically Section 18.9 of the Official Plan respecting consent applications including boundary adjustments within the City of Brantford and consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement; and 15 C. THAT Application A05/2021 seeking relief from Section 9.9.2.1.1 of Zoning By-law 160-90 to permit a minimum lot area of 1960 m2, whereas a minimum lot area of 4000 m2 is required for the retained lot and Section 6.10.1 of Zoning By-law 160-90 to permit a minimum buffer of 3 m of landscaped open space, whereas a minimum buffer of 15 m of landscape open space or a buffer approved pursuant to the Site Plan Control provisions of the Planning Act is required where a lot in a Commercial Zone

THAT Condition 6 BE REPLACED with the following: 6. Receipt of a Grading and Drainage Plan or a Grading Memo. The Grading and Drainage Plan shall be prepared by a qualified Civil Engineer licensed in the Province of Ontario, an Ontario Land Surveyor or a Certified Engineering Technologist, for the overall development, and shall delineate existing and proposed grades for both the severed and retained properties. The Grading Memo shall indicate whether or not the existing grading has been significantly modified since the merging of the properties on title and if any of the existing grading is intended to be modified as a direct result of the proposed severance, for the overall development. This condition is to the satisfaction of the Manager of Development Engineering or his/her designate. AMENDMENT

THAT the following minutes BE APPROVED: 6.1 MINUTES 6.1.1 Committee of Adjustment - December 2, 2020