The Brantford Record

Committee of Adjustment

July 3, 2024

What was decided (22 motions)

18 carried, 4 recorded otherwise. Every motion below is printed as the minutes print it.

THAT Minor Variance application A22-2024 seeking relief from Zoning By-law 160-90 for the severed portions of the lands municipally known as 251 Stanley Street, BE APPROVED for the following variances, provided that a minimum interior side yard and a minimum exterior side yard of 6.0 m is provided for Severed Lot 2: Severed Lot 1: Section 6.18.3.9 to permit a front yard landscaped open space of 40.3%, whereas 50% is otherwise required; Severed Lot 2: Section 7.9.2.1.5 to permit a front yard setback of 2.75 m, whereas 6 m is otherwise required; Severed Lot 2: Section 7.9.2.1.6.1 to permit a rear yard setback of 2.1 m, whereas 7.5 m is otherwise required; Severed Lot 2: Section 7.9.2.1.3.1 to permit a lot coverage of 46.2%, whereas 40% is otherwise required; THAT the reasons for the approval of the minor variances are as follows: the proposed variances are 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- 285 .”
Moved by Mark Simpson, seconded by Tamara Cupoli
Carried Unanimously
THAT minor variance application A30-2024 seeking relief from Section 7.10.2.1.1.1 to permit a minimum lot area of 167 m²/unit whereas 185 m²/unit is otherwise required, BE APPROVED; THAT the reasons for the approval of the minor variance application 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 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 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 No. 2024- 410 .”
Moved by Mike Bodnar, seconded by Tamara Cupoli
Carried Unanimously
THAT application A32-2024 BE
Moved by Tara Gaskin, seconded by Mark Simpson
Deferred
THAT application A33-2024 seeking relief from Section 4.4 (b) of County of Brant Zoning By-law 61-16, to permit an accessory structure in the front yard whereas it is otherwise not permitted , BE
Moved by Mike Bodnar, seconded by Tamara Cupoli
Deferred
THAT application A28-2024 seeking relief from Section 7.2.2.1.1 of Zoning By-Law 160-90 to permit a lot area of 400.5 m² for the severed parcel, whereas a minimum of 550 m² is otherwise required, BE APPROVED; THAT application A28-2024 seeking relief from Section 7.2.2.1.6 of Zoning By-Law 160-90 to permit a rear yard setback of 5.38 m for the retained parcel, whereas a minimum of 7.5 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 B26-2024 requesting to sever a parcel of land from the subject property municipally addressed as 64 Sandra St, having a lot area of 400.5 m² and retain a parcel of land having a lot area of 550 m², BE APPROVED subject to the Conditions of Consent, attached to Report 2024-421 as Appendix A; THAT the reason(s) for approval of B26-2024 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 IN
Moved by Virginia Kershaw, seconded by Mike Bodnar
Carried Unanimously
THAT minor variance application A26-2024 seeking relief from Section 7.11.4.28.1.2 of Zoning By-law 160-90 to permit a minimum lot area of 40.8 m²/unit, whereas 43.5 m²/unit is otherwise required, BE APPROVED; THAT minor variance application A26-2024 seeking relief from Section 6.23.4.2 of Zoning By-law 160-90 to permit a driveway providing access to loading spaces with a minimum width of 6.0 m for two-way traffic, whereas a minimum of 7.0 m is otherwise required, BE APPROVED; THAT minor variance application A26-2024 seeking relief from Section 6.18.4.4 of Zoning By-law 160-90 to permit an overhead clearance for accessible parking spaces of 2.1 m, whereas 3.35 m is otherwise required, BE APPROVED; THAT minor variance application A26-2024 seeking relief from Section 6.14.1.1 of Zoning By-law 160-90 to permit a height exception of 7 m for roof-top equipment, whereas 5 m is otherwise permitted, BE APPROVED; THAT minor variance application A26-2024 seeking relief from Section 7.11.4.28.1.3.1 of Zoning By-law 160-90 to permit an interior side yard setback of 3.2 m, whereas 3.5 m is otherwise required, BE APPROVED; THAT the reasons for the approval of the minor variances are as follows: the proposed variances are 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
Moved by Mark Simpson, seconded by Tamara Cupoli
Carried Unanimously
THAT Consent application B27-2024 requesting to sever the subject lands municipally addressed as 463 Blackburn Drive, BE APPROVED, subject to the Conditions of Consent, attached to Report 2024-430 as Appendix A; THAT the reason(s) for approval of B27-2024 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 No. 2024- 4 30 .”
Moved by Mark Simpson, seconded by Mike Bodnar
Carried Unanimously
THAT application A29-2024 seeking relief from Section 6.3.1.1 of Zoning By-Law 160-90 to permit a lot coverage of 14.42%, whereas 10% is otherwise permitted, AND relief from Section 6.3.12 to permit a height of 5.9 m, whereas a height of 4.5 m is otherwise permitted for accessory buildings, as shown on and in general conformance with the site plan provided with this application 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- 420 .”
Moved by Tamara Cupoli, seconded by Tara Gaskin
Carried Unanimously
THAT Consent application B24-2024 requesting to sever the subject lands municipally addressed as 103A Usher Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-407 as Appendix A; THAT the reason(s) for approval of B24-2024 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 Consent application B25-2024 requesting to sever the subject lands municipally addressed as 103C Usher Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-407 as Appendix B; THAT the reason(s) for approval of B25-2024 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 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. 2024-407. ”
Moved by Mark Simpson, seconded by Mike Bodnar
Carried Unanimously
​THAT Section 15.6.2(d)(i) 1 of the City of Brantford Municipal Code BE WAIVED to add a delegate past the 9:00 a.m. deadline.
Moved by Tamara Cupoli, seconded by Virginia Kershaw
Carried Unanimously
THAT the following application A15-2024 & B15-2024 BE
Moved by Virginia Kershaw, seconded by Mark Simpson
Deferred
Amendment THAT item 5.2 BE STRUCK AND REPLACED with the following: THAT application A24-2024 seeking relief from Section 478.2.31 of municipal Property Maintenance Chapter (Sign By-law) to permit third party advertising, BE APPROVED; THAT the reasons for the approval of the minor variance application are as follows: the proposed variance is in keeping with the general intent and purpose of the Sign By-law and Official Plan, and the relief requested is considered minor in nature and desirable for the appropriate development and use of the subject lands; and, THAT application A24-2024 seeking relief from Section 478.3.5 of Property Maintenance Chapter (Sign By-law) to permit a maximum informational sign face of 6.44 m² whereas the maximum sign face is 0.14 m², BE REFUSED; THAT the reasons for the refusal of the minor variance application are as follows: the proposed variance is not in keeping with the general intent or purpose of the Sign By-law, and the relief requested is not considered minor in nature or desirable for the appropriate use of the lands; and, THAT application A24-2024 seeking relief from Section 478.8.5 of Property Maintenance Chapter (Sign By-law) to permit a minimum street setback of 0.7 m, whereas 1 m is otherwise required, BE APPROVED; THAT the reasons for the approval of the minor variance application are as follows: the proposed variance is in keeping with the general intent and purpose of the Sign By-law, and the relief requested is considered minor in n
Moved by Virginia Kershaw, seconded by Tamara Cupoli
Carried Unanimously
THAT the minutes of the June 5, 2024 meeting of the Committee of Adjustment BE APPROVED.
Moved by Mark Simpson, seconded by Tara Gaskin
Carried
A. THAT Minor Variance application A22-2024 seeking relief from Zoning By-law 160-90 for the severed portions of the lands municipally known as 251 Stanley Street, BE APPROVED for the following variances, provided that a minimum interior side yard and a minimum exterior side yard of 6.0 m is provided for Severed Lot 2: i. Severed Lot 1: Section 6.18.3.9 to permit a front yard landscaped open space of 40.3%, whereas 50% is otherwise required; ii. Severed Lot 2: Section 7.9.2.1.5 to permit a front yard setback of 2.75 m, whereas 6 m is otherwise required; iii. Severed Lot 2: Section 7.9.2.1.6.1 to permit a rear yard setback of 2.1 m, whereas 7.5 m is otherwise required; iv. Severed Lot 2: Section 7.9.2.1.3.1 to permit a lot coverage of 46.2%, whereas 40% is otherwise required; B. THAT the reasons for the approval of the minor variances are as follows: the proposed variances are 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, 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 3 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 2024-285.”
Moved by Mark Simpson, seconded by Tamara Cupoli
Carried Unanimously
A. THAT minor variance application A30-2024 seeking relief from Section 7.10.2.1.1.1 to permit a minimum lot area of 167 m²/unit whereas 185 m²/unit is otherwise required, BE APPROVED; 4 B. THAT the reasons for the approval of the minor variance application 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 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 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 No. 2024-410.”
Moved by Mike Bodnar, seconded by Tamara Cupoli
Carried Unanimously
7 A. THAT application A33-2024 seeking relief from Section 4.4 (b) of County of Brant Zoning By-law 61-16, to permit an accessory structure in the front yard whereas it is otherwise not permitted, BE
Moved by Mike Bodnar, seconded by Tamara Cupoli
Deferred
A. THAT application A28-2024 seeking relief from Section 7.2.2.1.1 of Zoning By-Law 160-90 to permit a lot area of 400.5 m² for the severed parcel, whereas a minimum of 550 m² is otherwise required, BE APPROVED; B. THAT application A28-2024 seeking relief from Section 7.2.2.1.6 of Zoning By-Law 160-90 to permit a rear yard setback of 5.38 m for the retained parcel, whereas a minimum of 7.5 m is otherwise required, BE APPROVED; C. 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; D. THAT Consent application B26-2024 requesting to sever a parcel of land from the subject property municipally addressed as 64 9 Sandra St, having a lot area of 400.5 m² and retain a parcel of land having a lot area of 550 m², BE APPROVED subject to the Conditions of Consent, attached to Report 2024-421 as Appendix A; E. THAT the reason(s) for approval of B26-2024 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 F. 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 s
Moved by Virginia Kershaw, seconded by Mike Bodnar
Carried Unanimously
A. THAT minor variance application A26-2024 seeking relief from Section 7.11.4.28.1.2 of Zoning By-law 160-90 to permit a minimum lot area of 40.8 m²/unit, whereas 43.5 m²/unit is otherwise required, BE APPROVED; B. THAT minor variance application A26-2024 seeking relief from Section 6.23.4.2 of Zoning By-law 160-90 to permit a driveway providing access to loading spaces with a minimum width of 6.0 m for two-way traffic, whereas a minimum of 7.0 m is otherwise required, BE APPROVED; C. THAT minor variance application A26-2024 seeking relief from Section 6.18.4.4 of Zoning By-law 160-90 to permit an overhead clearance for accessible parking spaces of 2.1 m, whereas 3.35 m is otherwise required, BE APPROVED; D. THAT minor variance application A26-2024 seeking relief from Section 6.14.1.1 of Zoning By-law 160-90 to permit a height exception of 7 m for roof-top equipment, whereas 5 m is otherwise permitted, BE APPROVED; E. THAT minor variance application A26-2024 seeking relief from Section 7.11.4.28.1.3.1 of Zoning By-law 160-90 to permit an interior side yard setback of 3.2 m, whereas 3.5 m is otherwise required, BE APPROVED; F. THAT the reasons for the approval of the minor variances are as follows: the proposed variances are 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, G. THAT pursuant to Section 45(8)-(8.2) of
Moved by Mark Simpson, seconded by Tamara Cupoli
Carried Unanimously
A. THAT Consent application B27-2024 requesting to sever the subject lands municipally addressed as 463 Blackburn Drive, BE APPROVED, subject to the Conditions of Consent, attached to Report 2024-430 as Appendix A; B. THAT the reason(s) for approval of B27-2024 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 12 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 No. 2024- 430.”
Moved by Mark Simpson, seconded by Mike Bodnar
Carried Unanimously
A. THAT application A29-2024 seeking relief from Section 6.3.1.1 of Zoning By-Law 160-90 to permit a lot coverage of 14.42%, whereas 10% is otherwise permitted, AND relief from Section 6.3.12 to permit a height of 5.9 m, whereas a height of 4.5 m is otherwise permitted for accessory buildings, as shown on and in general 13 conformance with the site plan provided with this application 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 2024-420.”
Moved by Tamara Cupoli, seconded by Tara Gaskin
Carried Unanimously
A. THAT Consent application B24-2024 requesting to sever the subject lands municipally addressed as 103A Usher Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-407 as Appendix A; B. THAT the reason(s) for approval of B24-2024 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 Consent application B25-2024 requesting to sever the subject lands municipally addressed as 103C Usher Street, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-407 as Appendix B; D. THAT the reason(s) for approval of B25-2024 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, E. 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. 2024-407.”
Moved by Mark Simpson, seconded by Mike Bodnar
Carried Unanimously
Amendment THAT item 5.2 BE STRUCK AND REPLACED with the following: A. THAT application A24-2024 seeking relief from Section 478.2.31 of municipal Property Maintenance Chapter (Sign By-law) to permit third party advertising, BE APPROVED; B. THAT the reasons for the approval of the minor variance application are as follows: the proposed variance is in keeping with the general intent and purpose of the Sign By-law and Official Plan, and the relief requested is considered minor in nature and desirable for the appropriate development and use of the subject lands; and, C. THAT application A24-2024 seeking relief from Section 478.3.5 of Property Maintenance Chapter (Sign By-law) to permit a maximum informational sign face of 6.44 m² whereas the maximum sign face is 0.14 m², BE REFUSED; D. THAT the reasons for the refusal of the minor variance application are as follows: the proposed variance is not in keeping with the general intent or purpose of the Sign By-law, and the relief requested is not considered minor in nature or desirable for the appropriate use of the lands; and, E. THAT application A24-2024 seeking relief from Section 478.8.5 of Property Maintenance Chapter (Sign By-law) to permit a minimum street setback of 0.7 m, whereas 1 m is otherwise required, BE APPROVED; F. THAT the reasons for the approval of the minor variance application are as follows: the proposed variance is in keeping with the general intent and purpose of the Sign By-law, and the relief requested is con
Moved by Virginia Kershaw, seconded by Tamara Cupoli
Carried Unanimously

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