Committee of Adjustment

Recorded vote on Item 3.1: YES: Gregory Kempa, Mark Simpson, Jang Singh Panag, Tara Gaskin, Mike Bodnar, Tamara Cupoli – 6 NO: None - 0 THAT application A42/2022 seeking relief from Section 7.3.2.1.7.1 of Zoning By-law 160-90 to permit an interior side yard of 0.4 m for an enclosed porch, whereas a minimum side yard of 1.0 m is required, and from Section 6.4.1.1 to permit eaves to project up to 0.7 m into the required side yard, whereas the maximum permitted projection is 0.6 m, provided the projection is no closer than 0.3 m to a lot line, BE APPROVED; THAT the reason(s) for approval of the minor variances 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 2023-593.”

Recorded vote on Item 3.2: YES: Gregory Kempa, Mark Simpson, Jang Singh Panag, Tara Gaskin, Mike Bodnar, Tamara Cupoli – 6 NO: None - 0 THAT Application B35/2023 to sever a parcel of land from the southwestern portion of the lands municipally addressed as 91 Birkett Lane, having a lot area of 21,438 m 2 , and to retain a parcel of land having a lot area of 56,619 m 2 , BE APPROVED, subject to the conditions attached in Appendix A to Report 2023-54; 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. The application is in conformity with the general intent of the policies of the Official Plan and Zoning By-law, specifically Section 9.3 (g – i) of the Official Plan respecting consent applications within the City of Brantford and is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement; 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 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. 2023-594.”

Recorded vote on Item 3.3: YES: Gregory Kempa, Mark Simpson, Jang Singh Panag, Tara Gaskin, Tamara Cupoli – 5 NO: None - 0 THAT application A33/2023 seeking relief from Section 6.4.1.1 of Zoning By-law 160-90 to permit an unenclosed deck to project 3.0 m into the required rear yard, whereas a maximum projection of 2.5 m is permitted, provided the projection is no closer than 1.2 m from the lot line, BE APPROVED; THAT the reason(s) for approval of the minor variances 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 2023-600.”

Panag THAT the minutes of the September 6, 2023 meeting of the Committee of Adjustment BE APPROVED.

A. THAT application A42/2022 seeking relief from Section 7.3.2.1.7.1 of Zoning By-law 160-90 to permit an interior side yard of 0.4 m for an enclosed porch, whereas a minimum side yard of 1.0 m is required, and from Section 6.4.1.1 to permit eaves to project up to 0.7 m into the required side yard, whereas the maximum permitted projection is 0.6 m, provided the projection is no closer than 0.3 m to a lot line, BE APPROVED; B. THAT the reason(s) for approval of the minor variances 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 2023-593.” 3 Recorded vote on Item 3.1: YES: Gregory Kempa, Mark Simpson, Jang Singh Panag, Tara Gaskin, Mike Bodnar, Tamara Cupoli – 6 NO: None - 0

A. THAT Application B35/2023 to sever a parcel of land from the southwestern portion of the lands municipally addressed as 91 Birkett Lane, having a lot area of 21,438 m2, and to retain a parcel of land having a lot area of 56,619 m2, BE APPROVED, subject to the conditions attached in Appendix A to Report 2023-54; 4 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. The application is in conformity with the general intent of the policies of the Official Plan and Zoning By-law, specifically Section 9.3 (g – i) of the Official Plan respecting consent applications within the City of Brantford and is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and 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 planning matter, as discussed in Section 6.2 of Report No. 2023-594.” Recorded vote on Item 3.2: YES: Gregory Kempa, Mark Simpson, Jang Singh Panag, Tara Gaskin, Mike Bodnar, Tamara Cupoli – 6 NO: None - 0

A. THAT application A33/2023 seeking relief from Section 6.4.1.1 of Zoning By-law 160-90 to permit an unenclosed deck to project 3.0 m into the required rear yard, whereas a maximum projection of 2.5 m is permitted, provided the projection is no closer than 1.2 m from the lot line, BE APPROVED; B. THAT the reason(s) for approval of the minor variances 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 2023-600.” Recorded vote on Item 3.3: YES: Gregory Kempa, Mark Simpson, Jang Singh Panag, Tara Gaskin, Tamara Cupoli –5 NO: None - 0

THAT the minutes of the September 6, 2023 meeting of the Committee of Adjustment BE APPROVED.