The Brantford Record

Committee of Adjustment

February 2, 2023

What was decided (5 motions)

5 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

A. THAT application A06/2023 seeking relief from Section 7.5.3.6.6 of Zoning By-law 160-90 to permit a rear yard setback of 1.2 m, whereas a minimum rear yard of 7.0 m is required, BE APPROVED; B. THAT the reason(s) for approval of the minor variances are as follows: i. 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 ii. as the building has already been constructed, the requirement to comply with the by-law would cause undue hardship to the applicant and prospective homeowner, and sufficient amenity space has been allocated in the front yard; 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 2023-112.” 3 Recorded vote on Item 3.1: YES: Gregory Kempa, Mike Bodnar, Virginia Kershaw – 3 NO: Tara Gaskin – 1
Moved by Mike Bodnar, seconded by Gregory Kempa
Carried
4 A. THAT application A07/2023 seeking relief from Section 7.5.3.10.5 of Zoning By-law 160-90 to permit a rear yard setback of 0.6 m, whereas a minimum rear yard of 6.0 m is required, BE APPROVED; B. THAT the reason(s) for approval of the minor variances are as follows: i. 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 ii. as the building has already been constructed, the requirement to comply with the by-law would cause undue hardship to the applicant and prospective homeowner, and sufficient amenity space has been allocated in the front yard; 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 2023-112.” Recorded vote on Item 3.2: YES: Gregory Kempa, Mike Bodnar, Virginia Kershaw – 3 NO: Tara Gaskin – 1
Moved by Mike Bodnar, seconded by Gregory Kempa
Carried
A. THAT Application A04/2023 requesting relief from Section 6.3.1.1 of the City of Brantford Zoning By-law 160-90 to permit a lot coverage of 15% for an accessory structure whereas the By-law permits a maximum lot coverage of 10% for accessory structures, 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 and of Report No. 2023- 105.” Recorded vote on Item 3.3: YES: Virginia Kershaw, Gregory Kempa, Tara Gaskin, Mike Bodnar – 4 NO: None – 0
Moved by Gregory Kempa, seconded by Tara Gaskin
Carried Unanimously
A. THAT Application A05/2023 requesting relief from Section 7.3.2.1.3 of the City of Brantford Zoning By-law 160-90 to permit a maximum lot coverage of 44%, whereas a maximum lot coverage of 35%, 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 and of Report No. 2023- 94”. Recorded vote on Item 3.5: YES: Mike Bodnar, Gregory Kempa, Virginia Kershaw, Tara Gaskin – 4 NO: None – 0
Moved by Mike Bodnar, seconded by Gregory Kempa
Carried Unanimously
THAT the minutes of the January 19, 2023 meeting of the Committee of Adjustment BE APPROVED.
Moved by Gregory Kempa, seconded by Tara Gaskin
Carried

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