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Committee of Adjustment
May 29, 2019
What was decided (10 motions)
10 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
A. THAT Application No. A17/2019 seeking relief from Zoning By-law 160-90 for the lands municipally known as 210 Hachborn Road to permit a total of 2 parking spaces for the 93 m2 addition of accessory office space whereas 3 are required; and a minimum front yard of 9 m, whereas 15 m is required, BE APPROVED; and 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 160-90; the requested relief 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 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 2019-370.” Recorded vote on Item 3.1: YES: Chris Szoke, Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw – 5 NO: None – 0 Item 3.1
Moved by Virginia Kershaw, seconded by Tim Philp
Carried Unanimously
A. THAT Application A15/2019 requesting relief from the City of Brantford Zoning By-law to permit a maximum lot coverage of 62%, whereas a maximum lot coverage of 60% is required 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 160-90, 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 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. 2019-372.” Recorded vote on Item 3.2: YES: Chris Szoke, Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw – 5 NO: None – 0 Item 3.2
Moved by Tim Philp, seconded by Chris Szoke
Carried Unanimously
A. THAT Application B09/2019 to sever a parcel of land from the south side of the lands municipally addressed as 37 Glenwood Drive, having a lot area of 549m2 and to retain a parcel of land having a lot area of 475m2 BE APPROVED, subject to the conditions attached as Appendix A of Report No. 2019-204; and B. THAT the reason(s) for approval are as follows: o 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 18.0 of the Official Plan respecting the creation of lots within the City of Brantford and is conforms with the policies of the Growth Plan for the Greater Golden Horseshoe and is consistent with the Provincial Policy Statement. 5 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. 2019-204.” Recorded vote on Item 3.3: YES: Chris Szoke, Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw – 5 NO: None – 0 Item 3.3
Moved by Virginia Kershaw, seconded by Chris Szoke
Carried Unanimously
A. THAT application B17/2019 to sever a parcel of land from the east side of the lands municipally known as 72 Balfour Street having a lot area of 389 m² and to retain a parcel of land having a lot area of 389 m² BE APPROVED, subject to the conditions attached in Appendix A; and B. THAT the reason(s) for approval are as follows: o 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 6 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 and consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement. 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. 2019-353.” Recorded vote on Item 3.4: YES: Chris Szoke, Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw – 5 NO: None – 0 Item 3.3
Moved by Chris Szoke, seconded by Tara Gaskin
Carried Unanimously
A. THAT Application B18/2019 to create an easement for service and maintenance purposes for a portion of the lands municipally known as 11 Sarah Street, BE APPROVED, subject to the conditions attached in APPENDIX A of Report No. 2019-363; and B. THAT the reason(s) for approval are as follows: o 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, conforms with the policies of the Growth Plan for the Greater Golden Horseshoe and is consistent with 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. 2019-363.” Recorded vote on Item 3.5: YES: Chris Szoke, Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw – 5 NO: None – 0 Item 3.5
Moved by Virginia Kershaw, seconded by Chris Szoke
Carried Unanimously
A. THAT Application B19/2019 to sever a parcel of land from the northwest side of the lands municipally addressed as 476 West Street, having a lot area of 567.3 m² and to retain a parcel of land having a lot area of 887.7 m² BE APPROVED, subject to the conditions attached in Appendix A of Report No. 2019-354; and B. THAT the reason(s) for approval are as follows: o 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 18.9 (Official Plan) respecting the creation of lots within the City of Brantford conforms with the policies of the Growth Plan for the Greater Golden Horseshoe and consistent with the Provincial Policy Statement. C. THAT pursuant to Section 53(17)-(18.2) of the Planning Act, 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. 2019-354.” Recorded vote on Item 3.6: YES: Chris Szoke, Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw – 5 NO: None – 0 Item 3.6
Moved by Tim Philp, seconded by Virginia Kershaw
Carried Unanimously
A. THAT Application B21/2019 to sever a parcel of land from the south side of the lands municipally addressed as 76 North Park Street, having a lot area of 357m 2 and to retain a parcel of land having a lot area of 412m2 BE APPROVED, subject to the conditions attached in Appendix A of Report No. 2019-365, and B. THAT the reason(s) for approval area as follow: o 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 18.9 (Official Plan) respecting the creation of lots within the City of Brantford and consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement. 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. 2019-365” Recorded vote on Item 3.7: YES: Chris Szoke, Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw – 5 NO: None – 0 Item 3.7
Moved by Virginia Kershaw, seconded by Chris Szoke
Carried Unanimously
A. THAT Application A20/2018 seeking relief from the following sections of Chapter 478 of the Brantford Municipal Code: 12 1. Relief from Section 478.4.14(d) to permit a digital sign board – ground sign to be located 27 m from the Colborne Street West and Oak Street intersection, whereas no electronic message display, illuminated sign being electronically animated or message change is permitted to be located within 50 m to the nearest traffic signal or pedestrian crossing intersection, BE APPROVED; and 2. Relief from Section 478.8.1 to permit a ground sign to be located 26 m from another ground sign located on the property, whereas the minimum distance apart between ground signs on the same property is 30 m, BE APPROVED; and, 3. Relief from Section 478.8.9 to permit a ground sign with a face area of over 1.11 m² to be located 7 m from a driveway exit, whereas ground signs with a face area of over 1.11 m² shall be constructed and located as to not interfere with the ability of motorists exiting from the property to see for a distance of at least 9 m on each side of the driveway exit, BE APPROVED; and B. That the reason(s) for approval are as follows: 1. The relief requested is considered minor in nature and the application does not comply with the criteria set out in Section 45(1) of the Planning Act; and 2. The proposed variances are in keeping with the general intent of the Official Plan and Chapter 478 of the Brantford Municipal Code; C. THAT pursuant to Section 45(8)-(8.2)
Moved by Chris Szoke, seconded by Tim Philp
Carried
A. THAT Application B10/2019 to sever a parcel of land from the southwest side of the lands municipally addressed as 1 and 3 Spring Lane and 46 Jarvis Street, having a lot area of 218.4 m² and to retain a parcel of land having a lot area of 1135.5 m² BE APPROVED, subject to the conditions attached as Appendix A1 in Report No. 2019-212; and B. THAT Application B11/2019 to sever a parcel of land from the northwest side of the lands municipally addressed as 1 and 3 Spring Lane and 46 Jarvis Street, having a lot area of 540.6 m² and to retain a parcel of land having a lot area of 594.9 m² and to create drainage, maintenance and access easements on the subject lands BE APPROVED, subject to the conditions attached as Appendix A2 in Report No. 2019-212; and C. THAT the reason(s) for approval are as follows: Having regard for the matters under Section 51 (24) of the Planning Act, and meets polices of the Official Plan respecting lot creation. 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 D. THAT Application A10/2019 (as amended) BE APPROVED, in accordance with the following: 1. Relief from Section 7.8.2.1.1.1 for Part 3 on Appendix C in Report No. 2019-212 to permit a minimum lot area of 217 m², whereas a minimum lot width of 270 m² is required in the RC Zone; 14 2. Relief from Section 7.8.2.1.1.4 for Part 2 on Appendix C in Report No. 2019-212 to permit a mi
Moved by Tim Philp, seconded by Virginia Kershaw
Carried Unanimously
THAT the following Minutes BE APPROVED: 6.1.1 Committee of Adjustment - April 24, 2019 Recorded vote on Item 6.1.1: YES: Chris Szoke, Dan Namisniak, Tara Gaskin, Tim Philp, Virginia Kershaw – 5 NO: None – 0 Item 4.1.1