Committee of Adjustment

THAT Item 3.4 Application A13-2024 - 27 Brier Place, 2024-204, Item 3.5 Application A18-2024 - 318 Gillespie Drive, 2024-200, and Item 3.7 Application B13-2024 - 70-73 Wadsworth Street, 2024-205, BE

THAT item 3.1 BE DEFERRED up to two meeting cycles to consult with staff regarding possible conditions for approval: THAT application A15-2024 seeking relief from Sections 6.3.1.1 and 6.3.1.3.3 of Zoning By-law 160-90 to permit an accessory lot coverage of 20.1%, whereas a maximum of 18.7% is otherwise permitted, and to permit the extension of a 0 m rear yard setback, whereas 7.5 m is otherwise required, on the lands municipally known as 111 Pearl Street, BE REFUSED; THAT the reasons for the refusal of the minor variance application A15-2024 are as follows: the proposed variance is not in keeping with the general intent and purpose of the Zoning By-law, the relief requested is not considered minor in nature nor desirable for the appropriate development and use of the subject lands; THAT application A15-2024 seeking relief from Section 7.8.2.1.6 of Zoning By-law 160-90 to permit a rear yard setback of 3.32 m whereas 7.5 m is otherwise required, on the lands municipally known as 113 Pearl Street, BE REFUSED; THAT the reasons for the refusal of the minor variance application A15-2024 are as follows: the proposed variance is not considered minor in nature nor desirable for the appropriate development and use of the subject lands; THAT Consent application B15-2024 requesting to transfer a parcel of land that is approximately 117.18 m² from the subject property at 113 Pearl Street to the subject property at 111 Pearl Street, BE REFUSED; THAT the reason(s) for refusal of B15-2024 ar

THAT application A16-2024 seeking relief from Section 7.2.2.1.6, of Zoning By-law 160-90 to permit, for the proposed retained parcel, a Minimum Rear Yard of 5.12 m whereas 7.5 m is otherwise required, BE REFUSED; THAT application A16-2024 seeking relief from Section 6.18.3.4, of Zoning By-law 160-90 to permit, for the proposed retained parcel, a parking space that is a minimum of 0.67 m from a property boundary, whereas 1 m is otherwise required, BE REFUSED; THAT application A16-2024 seeking relief from Section 7.2.2.1.1 of Zoning By-law 160-90 to permit, for the proposed severed parcel, a Minimum Lot Area of 367.9 m², whereas 550 m² is otherwise required, BE REFUSED; THAT application A16-2024 seeking relief from Section 7.2.2.1.2 of Zoning By-law 160-90 to permit, for the proposed severed parcel, a Minimum Lot Width of 15.09 m, whereas 18 m is otherwise required, BE REFUSED; THAT application A16-2024 seeking relief from Section 7.2.2.1.5 of Zoning By-law 160-90 to permit, for the proposed severed parcel, a Minimum Front Yard of 4.69 m, whereas 6 m is otherwise required, BE REFUSED; THAT the reasons for the refusal of the minor variance application A16-2024 are as follows: the proposed variance is not in keeping with the general intent and purpose of the Zoning By-law and Official Plan, the relief requested is not considered minor in nature nor desirable for the appropriate development and use of the subject lands; THAT Consent application B16-2024 requesting to sever a parce

THAT Consent application B12-2024 requesting to sever a parcel of land with an area of 983.5 m 2 from the subject property municipally addressed as 72 Ava Road, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-213 as Appendix A ; THAT the reason(s) for approval of B12-2024 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 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 2024-213.”

THAT Consent application B14-2024 requesting to sever a parcel of land from the subject property municipally addressed as 12 Eastbourne Street, having a lot area of 337 m 2 and a retained parcel of land having a lot area of 547 m 2 , BE APPROVED subject to the Conditions of Consent, attached to Report 2024-211 as Appendix A and the following; The Owner/Applicant shall provide a Grading and Drainage Plan prepared by a qualified Engineer licensed in the Province of Ontario, to the satisfaction of the Manager of Development Engineering or his/her designate.; THAT the reason(s) for approval of B14-2024 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 application A14-2024 seeking relief from Section 7.5.2.1.2 of Zoning By-Law 160-90 to permit a lot width of 7.9 m for the severed parcel, whereas a minimum of 9 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; and, THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P. 13, the following statement SHAL

THAT application A07-2024 seeking relief from Section 6.18.7.8, of Zoning By-law 160-90 to permit a parking ratio of 1.22 parking spaces per dwelling unit, whereas a ratio of 1.5 parking spaces per dwelling unit is otherwise required, BE APPROVED; THAT application A07-2024 seeking relief from Section 7.11.2.1.2, of Zoning By-law 160-90 to permit a lot width of 15.24 m whereas 30 m is otherwise required, BE APPROVED; THAT application A07-2024 seeking relief from Section 7.11.2.1.6 of Zoning By-law 160-90 to permit a minimum rear yard of 10.3 m whereas 15 m is otherwise required, BE APPROVED; THAT application A07-2024 seeking relief from Section 7.11.2.1.7.1 of Zoning By-law 160-90 to permit a minimum interior side yard of 6.1 m whereas 9 m is otherwise required, BE APPROVED; THAT the reasons for the approval of the minor variance application A07-2024 are as follows: the proposed variances are in keeping with the general intent and purpose of the Zoning By-law and Official Plan, the relief requested is considered minor in nature and desirable for the appropriate development and use of the subject lands; 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. 2024-203.”

THAT Consent application B05-2023 requesting to sever a parcel of land from the subject property municipally addressed as 71 Anderson Road, having a lot area of 578.49 m 2 and retain a parcel of land having a lot area of 471 m 2 , BE APPROVED subject to services of the Wyndfield West Phase 6B Stage 1 Subdivision having final assumption by the City of Brantford and subject to the Conditions of Consent, attached to Report 2024-231 as Appendix A ; THAT the reason(s) for approval of B05-2023 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 application A11-2023 seeking relief from Section 7.4.3.21.7 of Zoning By-Law 160-90 to permit a rear yard setback of 4.5 m for a portion of the lot, whereas a minimum of 7 m is otherwise required, BE APPROVED subject to Consent Application B05-2023 being in full force and effect; 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

THAT the minutes of the March 7, 2024 meeting of the Committee of Adjustment BE APPROVED.

A. THAT application A16-2024 seeking relief from Section 7.2.2.1.6, of Zoning By-law 160-90 to permit, for the proposed retained parcel, a 7 Minimum Rear Yard of 5.12 m whereas 7.5 m is otherwise required, BE REFUSED; B. THAT application A16-2024 seeking relief from Section 6.18.3.4, of Zoning By-law 160-90 to permit, for the proposed retained parcel, a parking space that is a minimum of 0.67 m from a property boundary, whereas 1 m is otherwise required, BE REFUSED; C. THAT application A16-2024 seeking relief from Section 7.2.2.1.1 of Zoning By-law 160-90 to permit, for the proposed severed parcel, a Minimum Lot Area of 367.9 m², whereas 550 m² is otherwise required, BE REFUSED; D. THAT application A16-2024 seeking relief from Section 7.2.2.1.2 of Zoning By-law 160-90 to permit, for the proposed severed parcel, a Minimum Lot Width of 15.09 m, whereas 18 m is otherwise required, BE REFUSED; E. THAT application A16-2024 seeking relief from Section 7.2.2.1.5 of Zoning By-law 160-90 to permit, for the proposed severed parcel, a Minimum Front Yard of 4.69 m, whereas 6 m is otherwise required, BE REFUSED; F. THAT the reasons for the refusal of the minor variance application A16-2024 are as follows: the proposed variance is not in keeping with the general intent and purpose of the Zoning By-law and Official Plan, the relief requested is not considered minor in nature nor desirable for the appropriate development and use of the subject lands; G. THAT Consent application B16-2024 requ

A. THAT Consent application B12-2024 requesting to sever a parcel of land with an area of 983.5 m2 from the subject property municipally addressed as 72 Ava Road, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-213 as Appendix A; B. THAT the reason(s) for approval of B12-2024 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 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 2024-213.”

A. THAT Consent application B14-2024 requesting to sever a parcel of land from the subject property municipally addressed as 12 Eastbourne Street, having a lot area of 337 m2 and a retained parcel of land having a lot area of 547 m2, BE APPROVED subject to the Conditions of Consent, attached to Report 2024-211 as Appendix A and the following; The Owner/Applicant shall provide a Grading and Drainage Plan prepared by a qualified Engineer licensed in the Province of Ontario, to the satisfaction of the Manager of Development Engineering or his/her designate.; B. THAT the reason(s) for approval of B14-2024 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. 11 C. THAT application A14-2024 seeking relief from Section 7.5.2.1.2 of Zoning By-Law 160-90 to permit a lot width of 7.9 m for the severed parcel, whereas a minimum of 9 m is otherwise required, BE APPROVED; D. 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, E. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P. 13, the following

A. THAT application A07-2024 seeking relief from Section 6.18.7.8, of Zoning By-law 160-90 to permit a parking ratio of 1.22 parking spaces per dwelling unit, whereas a ratio of 1.5 parking spaces per dwelling unit is otherwise required, BE APPROVED; B. THAT application A07-2024 seeking relief from Section 7.11.2.1.2, of Zoning By-law 160-90 to permit a lot width of 15.24 m whereas 30 m is otherwise required, BE APPROVED; C. THAT application A07-2024 seeking relief from Section 7.11.2.1.6 of Zoning By-law 160-90 to permit a minimum rear yard of 10.3 m whereas 15 m is otherwise required, BE APPROVED; D. THAT application A07-2024 seeking relief from Section 7.11.2.1.7.1 of Zoning By-law 160-90 to permit a minimum interior side yard of 6.1 m whereas 9 m is otherwise required, BE APPROVED; E. THAT the reasons for the approval of the minor variance application A07-2024 are as follows: the proposed variances are in keeping with the general intent and purpose of the Zoning By-law and Official Plan, the relief requested is considered minor in nature 13 and desirable for the appropriate development and use of the subject lands; F. 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. 2024-203.”

A. THAT Consent application B05-2023 requesting to sever a parcel of land from the subject property municipally addressed as 71 Anderson Road, having a lot area of 578.49 m 2 and retain a parcel of land having a lot area of 471 m2, BE APPROVED subject to services of the Wyndfield West Phase 6B Stage 1 Subdivision having final assumption by the City of Brantford and subject to the 14 Conditions of Consent, attached to Report 2024-231 as Appendix A; B. THAT the reason(s) for approval of B05-2023 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 application A11-2023 seeking relief from Section 7.4.3.21.7 of Zoning By-Law 160-90 to permit a rear yard setback of 4.5 m for a portion of the lot, whereas a minimum of 7 m is otherwise required, BE APPROVED subject to Consent Application B05-2023 being in full force and effect; D. 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, E. 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