The Brantford Record

Committee of Adjustment

August 7, 2024

What was decided (17 motions)

16 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

THAT item A32-2024 BE
Moved by Mike Bodnar, seconded by Tara Gaskin
Deferred
Seconded Tamara Cupoli THAT application A15-2024 seeking relief from Sections 6.3.1.1 of Zoning By-law 160-90 to permit a maximum Accessory Lot Coverage of 20.3% whereas 18.7% is otherwise permitted, BE APPROVED; THAT the reasons for the approval of minor variance application A15-2024 are as follows: the proposed variance is considered minor, is in keeping with the general intent and purpose of the Zoning By-law or Official Plan, and is considered desirable for the appropriate development and use of the subject lands; and, THAT application A15-2024 seeking relief from Section 7.8.2.1.6 of Zoning By-law 160- 90 to permit a rear yard setback of 3.32 m whereas 7.5 m is otherwise required, on the lands municipally known as 113 Pearl Street, BE APPROVED; THAT the reasons for the approval of the minor variance seeking relief from Section 7.8.2.1.6 are as follows: the proposed variance is considered minor in nature, maintains the general intent and purpose of the Zoning By-law and Official Plan, and is considered desirable for the appropriate use of the subject lands; and, THAT consent application B15-2024 requesting to transfer a parcel of land that is approximately 117.18 m² from the subject property at 113 Pearl Street to the subject property at 111 Pearl Street, BE APPROVED subject to the conditions listed in Appendix C of Memo 2024-479; THAT the reason(s) for approval of B15-2024 are as follows: the proposed consent complies with the general intent ad purpose of the Zoning By-l
Moved by Mark Simpson
Carried Unanimously
THAT Minor Variance application A38-2024 seeking relief from Section 7.7.3.10.3.5 of Zoning By-law 160-90 for the lands municipally known as 77 Waldron Street to permit a rear yard setback of 0.88 m, whereas 6.0 m is otherwise required, BE APPROVED, conditional upon a minimum interior side yard of 15 m being provided adjacent to 31 Dennis Avenue for any residential use or structure; THAT the reasons for the approval of the minor variance is as follows: the proposed variance is in keeping with the general intent and purpose of the Official Plan and Zoning By-law, the relief requested is considered minor in nature, and desirable for the appropriate development 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 2024- 434 .”
Moved by Mike Bodnar, seconded by Tamara Cupoli
Carried Unanimously
THAT Consent application B28-2024 requesting to sever a parcel of land with an area of 291.42 m² from the subject property municipally addressed as 64 & 64 ½ Cumberland Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-474 as Appendix A, with Condition #5 amended to include “if necessary”; THAT the reason(s) for approval of B28-2024 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; 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 2024- 474 .”
Moved by Mike Bodnar, seconded by Tamara Cupoli
Carried Unanimously
THAT consent applications B30-2024 and B31-2024 requesting to sever the subject lands municipally addressed as 410 Hardy Road, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-459 as Appendix A (Lot 2) and Appendix B (Lot 3); THAT the reason(s) for approval of B30-2024 and B31-2024 are as follows: having regard for the matters under Section 51(24) of the Planning Act, Staff are satisfied that the proposed consent application is desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties; 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 INCLDUED 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. 2024-459.”
Moved by Mark Simpson, seconded by Mike Bodnar
Carried Unanimously
THAT application A35-2024 seeking relief from Section 9.8.2.1.7.2 of Zoning By-Law 160-90 to permit a side yard setback of 3.86 m, whereas 6.0 m is otherwise required, BE APPROVED; 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 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 2024-450.”
Moved by Tamara Cupoli, seconded by Ashish Patel
Carried Unanimously
THAT application A37-2024 seeking relief from Section 4.4 (b) and 9.2 of Zoning By-law 61-16 to permit an accessory building in an exterior side yard, and within 2.7 m of Mount Pleasant Road and within 5.4 m of Pleasant Crescent, whereas a minimum distance of 7.5 m from a public roadway is otherwise required, BE APPROVED; and, THAT the reasons for the approval of the minor variances are as follows: the proposed variance is in keeping with the general intent and purpose of the Zoning By-law, and the Official Plan, and that the relief requested is considered minor in nature and 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 statements 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. 2024- 4 57 .
Moved by Tamara Cupoli, seconded by Mark Simpson
Carried Unanimously
THAT application A36-2024 seeking relief from Section 7.8.2.1.2.1 of Zoning By-Law 160-90 to permit a lot width of 8.3 m for the severed parcel, whereas a minimum of 9 m is otherwise required, BE APPROVED; 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 lands; THAT Consent application B29-2024 requesting to sever a parcel of land from the subject property municipally addressed as 32 Niagara Street, having a lot area of 333.97 m 2 and a retained parcel of land having a lot area of 472.66 m 2 , BE APPROVED subject to the Conditions of Consent, attached to Report 2024-442 as Appendix A; THAT the reason(s) for approval of B29-2024 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; and, THAT pursuant to Sections 53(17)-(18.2) and 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
Moved by Mike Bodnar, seconded by Ashish Patel
Carried Unanimously
THAT Clause A listed in Application A30-2024 for 372 Darling Street, previously adopted on July 3, 2024, BE AMENDED to the following: “THAT minor variance application A30-2024 seeking relief from Section 7.10.2.1.1.1 to permit a minimum lot area of 151 m²/unit whereas 167 m²/unit is otherwise required BE APPROVED.”
Moved by Tamara Cupoli, seconded by Mike Bodnar
Carried Unanimously
THAT the minutes of the July 3, 2024 meeting of the Committee of Adjustment BE APPROVED.
Moved by Mark Simpson, seconded by Tamara Cupoli
Carried
A. THAT Minor Variance application A38-2024 seeking relief from Section 7.7.3.10.3.5 of Zoning By-law 160-90 for the lands municipally known as 77 Waldron Street to permit a rear yard setback of 0.88 m, whereas 6.0 m is otherwise required, BE APPROVED, conditional upon a minimum interior side yard of 15 m being provided adjacent to 31 Dennis Avenue for any residential use or structure; B. THAT the reasons for the approval of the minor variance is as follows: the proposed variance is in keeping with the general intent and purpose of the Official Plan and Zoning By-law, the relief 6 requested is considered minor in nature, and desirable for the appropriate development 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 2024-434.”
Moved by Mike Bodnar, seconded by Tamara Cupoli
Carried Unanimously
A. THAT Consent application B28-2024 requesting to sever a parcel of land with an area of 291.42 m² from the subject property 7 municipally addressed as 64 & 64 ½ Cumberland Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-474 as Appendix A, with Condition #5 amended to include “if necessary”; B. THAT the reason(s) for approval of B28-2024 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; 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 2024-474.”
Moved by Mike Bodnar, seconded by Tamara Cupoli
Carried Unanimously
A. THAT consent applications B30-2024 and B31-2024 requesting to sever the subject lands municipally addressed as 410 Hardy Road, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-459 as Appendix A (Lot 2) and Appendix B (Lot 3); B. THAT the reason(s) for approval of B30-2024 and B31-2024 are as follows: having regard for the matters under Section 51(24) of the Planning Act, Staff are satisfied that the proposed consent application is desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties; 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 INCLDUED 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. 2024-459.”
Moved by Mark Simpson, seconded by Mike Bodnar
Carried Unanimously
A. THAT application A35-2024 seeking relief from Section 9.8.2.1.7.2 of Zoning By-Law 160-90 to permit a side yard setback of 3.86 m, whereas 6.0 m is otherwise required, BE APPROVED; B. 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 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 2024-450.”
Moved by Tamara Cupoli, seconded by Ashish Patel
Carried Unanimously
A. THAT application A37-2024 seeking relief from Section 4.4 (b) and 9.2 of Zoning By-law 61-16 to permit an accessory building in an exterior side yard, and within 2.7 m of Mount Pleasant Road and within 5.4 m of Pleasant Crescent, whereas a minimum distance of 7.5 m from a public roadway is otherwise required, BE APPROVED; and, B. THAT the reasons for the approval of the minor variances are as follows: the proposed variance is in keeping with the general intent and purpose of the Zoning By-law, and the Official Plan, and that the relief requested is considered minor in nature and 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 statements 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. 2024-457.
Moved by Tamara Cupoli, seconded by Mark Simpson
Carried Unanimously
A. THAT application A36-2024 seeking relief from Section 7.8.2.1.2.1 of Zoning By-Law 160-90 to permit a lot width of 8.3 m for the severed parcel, whereas a minimum of 9 m is otherwise required, BE APPROVED; B. 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 lands; C. THAT Consent application B29-2024 requesting to sever a parcel of land from the subject property municipally addressed as 32 Niagara Street, having a lot area of 333.97 m2 and a retained parcel of land having a lot area of 472.66 m2, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-442 as Appendix A; D. THAT the reason(s) for approval of B29-2024 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; and, 12 E. THAT pursuant to Sections 53(17)-(18.2) and 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 discus
Moved by Mike Bodnar, seconded by Ashish Patel
Carried Unanimously
THAT Clause A listed in Application A30-2024 for 372 Darling Street, previously adopted on July 3, 2024, BE AMENDED to the following: A. “THAT minor variance application A30-2024 seeking relief from Section 7.10.2.1.1.1 to permit a minimum lot area of 151 m²/unit whereas 167 m²/unit is otherwise required BE APPROVED.”
Moved by Tamara Cupoli, seconded by Mike Bodnar
Carried Unanimously

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