Committee of Adjustment

A. THAT Application A36/2019 requesting relief from the City of Brantford Zoning By-law 160-90 to permit a minimum side yard of 0.55 m for an integral carport, whereas 1 m is required where an integral garage or integral carport is provided, BE APPROVED, conditional upon the installation of rain gutters on the carport and directing any downspouts away from the adjacent property to the satisfaction of the Planning and Public Works Departments; 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. 2019-723.” Recorded vote on Item 3.2: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks, Matt Savard – 7 NO: None – 0 Item 3.2

A. THAT Application A37/2019 requesting relief from the City of Brantford Zoning By-law 160-90 to permit the following: 1. Section 6.3.1.1 to permit a maximum lot coverage of 14 %, whereas a maximum of 10% for accessory buildings and structures is required; and 2. Section 6.17.3 to permit an area of 37.1 m2 for a home occupation, whereas a maximum area of 28 m2 is required, BE APPROVED; B. THAT the reason(s) for approval area 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 submission received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2019-715” Recorded vote on Item 3.3: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks, Matt Savard – 7 NO: None – 0 Item 3.3

A. THAT Application B32/2019 to sever a parcel of land from the western portion of the lands municipally addressed as 5 Lloyd Street, having a lot area of 816 m2 and to retain a parcel of land having a lot area of 790 m 2 BE APPROVED, subject to the conditions attached as Appendix A in Report No. 2019-706; 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 is 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: 5 “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. 2019-706.” Recorded vote on Item 3.4: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks, Matt Savard – 7 NO: None – 0 Item 3.4

A. THAT Application B34/2019 to sever a parcel of land from the south side of the lands municipally addressed as 159 Tollgate Road, having an area of 217 m2 be added as a lot boundary adjustment to 2 Conklin Crescent and retaining a parcel of land with an area of 558 m2 BE APPROVED, subject to the conditions attached in Appendix A1 of Report No. 2019-725; and B. THAT Application B33/2019 to sever a parcel of land from the south side of the lands municipally addressed as 2 Conklin Crescent, having an area of 370 m2 and retain a parcel of land having a minimum lot area of 520 m 2 BE 6 APPROVED, subject to the conditions attached in Appendix A2 plus the tree inventory noted by Staff of Report No. 2019-725; and C. 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 is consistent with the Provincial Policy Statement; and, D. 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 th

A. THAT Application A35/2019 requesting relief from the City of Brantford Zoning By-law 160-90 to permit a minimum side yard of 0.08 m for an existing accessory structure (deck), whereas 0.6 m is required, BE REFUSED; and B. THAT the reason(s) for refusal are as follows: the relief requested is not considered minor in nature; 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. 2019-716.” 8 Recorded vote on Item 3.1: YES: Greg Kempa, Lee Rynar, Matt Savard, Tara Gaskin and Virginia Kershaw – 5 NO: Dan Namisniak and Krystyna Brooks – 2 The refusal of Item 3.1

THAT the following minutes BE APPROVED: 6.1.1 Committee of Adjustment - October 16, 2019 Recorded vote on Item 6.1.1: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks, Matt Savard – 7 NO: None – 0 Item 6.1.1

THAT the following dates BE APPROVED for the Committee of Adjustment in 2020: HEARING DATE (5:30 p.m. EST) January 22, 2020 February 19, 2020 March 25, 2020 April 15, 2020 May 20, 2020 9 July 15, 2020 August 12, 2020 September 9, 2020 October 7, 2020 November 4, 2020 December 2, 2020 Recorded vote on Item 6.2: YES: Virginia Kershaw, Tara Gaskin, Greg Kempa, Lee Rynar, Dan Namisniak, Krystyna Brooks, Matt Savard – 7 NO: None – 0 Item 6.2