Committee of Adjustment

3 A. THAT Application B06/2020 to sever a parcel of land from the southeastern portion of the lands municipally addressed as 125 Sherwood Drive, having a lot area of 1,520 m2 and retain a parcel of land having a lot area of 18,500 m2 BE REFUSED; and B. THAT 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; and C. THAT Application A08/2020 seeking relief from Zoning By-law 160-90 for the lands municipally known as 125 Sherwood Drive BE REFUSED for the following variances: o Section 10.1.2.1.1 to permit a minimum lot area of 0.15 ha, whereas 0.2 ha is required; and o Section 10.1.2.1.2 to permit a minimum lot width of 20.3 m, whereas 30 m is required; and D. THAT the reason(s) for refusal are as follows: the proposed variances are not in keeping with the general intent of the Official Plan and Zoning By- law, the relief requested is not considered minor in nature and is not desirable for the appropriate development and use of the 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 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. 2020-208.”

A. THAT Application A06/2020 requesting relief from the City of Brantford Zoning By-law to permit an exterior side yard of 1.4 m, whereas 3.0 m is required, and to permit an exterior staircase to encroach a maximum of 2.9 m in a required front yard, whereas exterior staircases are permitted to encroach a maximum of 1.5 m in a side or rear yard, provided it is no closer than 1.2 m from the lot line, BE APPROVED; B. THAT the reason(s) for approval are as follows: the proposed variances are 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 is included: “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. 2020- 194.”

A. THAT Application B07/2020 to sever a parcel of land from the northwest corner of the lands municipally addressed as 7, 33 & 43 Erie Avenue and 100 Market Street South having an area of 2467 m² and to retain a parcel of land having a lot area of 1.36 ha, and to create parking and access easements for 31 off-street parking spaces on the retained lands in favour of the severed lands BE APPROVED, subject to the conditions attached in Appendix A of Report No. 2020-346; 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 development is desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties; and 6 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. 2020- 346.”

A. THAT Application B08/2020 to sever a parcel of land from the north side of the lands municipally addressed as 298 and 310 Mount Pleasant Road having an area of 3,652.6 m² and to retain a parcel of land having a lot area of 2.74 ha BE APPROVED, subject to the conditions attached in Appendix A in Report No. 2020-340 with the removal of conditions 1 and 6 and that condition 8 be amended to apply only to the severed parcel and within the portions zoned suburban residential; 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 development 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 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. 2020- 340.”

A. THAT Application B09/2020 for a lot boundary adjustment to sever 2,880 m2 of land from the northwest corner of 70 Wadsworth Street, and merge with the lands at 73 Wadsworth Street, and retain a parcel of land having a lot area of 4,269 m2 BE APPROVED subject to the conditions attached as Appendix A of Report 2020-352; 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 boundary adjustment 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 9 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 C. THAT Application A13-2020 requesting relief from Section 10.2.2.7.1.2 to permit a 0 m interior side yard, whereas 3.0 m is required BE APPROVED for the southern lot line of 73 Wadsworth Street; and D. 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 E. THAT pur

A. THAT Application A14/2020 requesting relief from Section 7.3.2.1.7.1 of the City of Brantford Zoning By-law 160-90 to permit a side yard of 1.0 m, whereas a side yard of 3.0 m is required where there is no integral garage 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 2020-350”.

A. THAT Application B10/2020 to sever a parcel of land from the western portion of the lands municipally addressed as 140 Oak Park Road, having a lot area of +/- 224,594,488 m2 (Lot 1) and retain a parcel of land having an area of +/- 106,709 m2 BE APPROVED subject to the conditions attached in Appendix C of this memo; and B. THAT reasons for approval of Application B10/2020 are as follows: having regard for 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, confirms 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 12 planning matter, as discussed in Section 6.2 of Report No. 2020- 358.”

THAT the following Minutes BE APPROVED: 6.1.1 Committee of Adjustment - July 15, 2020

A. THAT the position held by Matt Savard BE DECLARED vacant; and B. THAT the City Appointments Committee BE REQUESTED to fill the vacancy. Recorded vote: YES: Virginia Kershaw, Tara Gaskin, Dan Namisniak, Greg Kempa and Krystyna Brooks – 5 NO: None – 0 The motion to deem a position vacant by the Committee of Adjustment