Committee of Adjustment

THAT Sarah Hague BE APPOINTED as Secretary-Treasurer of the Committee and; THAT Holly Stemberger BE APPOINTED as Deputy Secretary-Treasurer of the Committee.

A. THAT application B05/2022 for a lot addition (boundary adjustment) to merge Block 4 with Block 5 as shown on the submitted Draft Reference Plan (see Appendix B), BE APPROVED, subject to the conditions attached as Appendix A1 to Report 2022-397; and B. THAT application B06/2022 for a lot addition (boundary adjustment) to merge Block 3 with Blocks 4 and 5 as shown on the submitted Draft Reference Plan (see Appendix B), BE APPROVED, subject to the conditions attached as Appendix A2 to Report 2022-397; and C. THAT application B07/2022 for a lot addition (boundary adjustment) to merge Block 2 with Blocks 3, 4 and 5 as shown on the submitted Draft Reference Plan (see Appendix B), BE APPROVED, subject to the conditions attached as Appendix A3 to Report 2022-397; and 3 D. THAT application B08/2022 for a lot addition (boundary adjustment) to merge Block 1 with Blocks 2, 3, 4 and 5 as shown on the submitted Draft Reference Plan (see Appendix B), BE APROVED, subject to the conditions attached as Appendix A4 to Report 2022-397; and E. THAT application B09/2022 for a lot addition (boundary adjustment) to sever 1.246 ha of land (Parts 1 & 2) from Block 7, and merge with Block 6, and retain a parcel of land having a lot area of 416 m2 (Part 3), as shown on the submitted Draft Reference Plan (see Appendix B), BE APPROVED, subject to the conditions attached as Appendix A5 to Report 2022-397; and F. THAT application B10/2022 for a lot addition (boundary adjustment) to sever 950 m2 of land (

A. THAT application B15/2022 to create a long term lease for a portion of the lands municipally known as 300 King George Road, BE APPROVED, subject to the conditions attached in Appendix A. 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, 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. 2022-471 Recorded vote on Item 4.2: YES: Virginia Kershaw, Greg Kempa, Michael Bodnar, Krystyna Brooks, Tara Gaskin – 5 NO: None – 0

A. THAT Application A15/2022 requesting relief from the City of Brantford Zoning Bylaw 160-90 to permit a minimum lot area of 353 m2, whereas a minimum lot area of 360 m2 is required, 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 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 SHALLE 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. 2022-464.” Recorded vote on Item 4.3: YES: Virginia Kershaw, Greg Kempa, Michael Bodnar, Krystyna Brooks, Tara Gaskin – 5 NO: None – 0

A. THAT Application A23/2022 requesting relief from the City’s Zoning By-law 160- 90 to permit zero (0) parking spaces for the additional unit, whereas one (1) parking space is required BE APPROVED. B. That the reason(s) for approval are as follows: i. The proposed variance will facilitate appropriate residential intensification that is considered compatible with the surrounding area; ii. The proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90; and, iii. The relief requested is considered minor in nature and the application complies with criteria set out in Section 45(1) of the Planning Act. 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: 8 “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 2022-482.” Recorded vote on Item 4.4: YES: Virginia Kershaw, Greg Kempa, Michael Bodnar, Krystyna Brooks, Tara Gaskin – 5 NO: None – 0

A. THAT Application B19/2022 to sever a parcel of land from the north side of the lands municipally addressed as 110 Gilkison Street, having a lot area of 235 m 2 and to retain a parcel of land having a lot area of 258 m 2 BE APPROVED, subject to the conditions attached in Appendix A of Report No. 2022-480, 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 consent application is desirable and compatible 9 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. 2022-480” Recorded vote on Item 4.5: YES: Virginia Kershaw, Greg Kempa, Michael Bodnar, Krystyna Brooks, Tara Gaskin – 5 NO: None – 0

A. THAT Application A14/2022 requesting relief from the City of Brantford Zoning Bylaw 160-90 to permit a minimum rear yard of 2.0 m, whereas a minimum rear yard of 7.5 m is required, 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 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 SHALLE 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. 2022-461.” Recorded vote on Item 4.6: YES: Virginia Kershaw, Greg Kempa, Michael Bodnar, Krystyna Brooks, Tara Gaskin – 5 NO: None – 0

A. THAT Application B16/2022 to sever a parcel of land municipally addressed as 220 Nelson Street, having a lot area of 414 m², and to retain a parcel of land municipally addressed at 218 Nelson Street, having a lot area of 344 m², BE APPROVED, subject to the conditions attached is Appendix A to Report 2022-473; 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; C. THAT Application A28/2022 requesting relief from Section 7.8.2.1.7.1 of the City of Brantford Zoning By-law 160-90 to permit a minimum interior side yard of 0.0 m along a common wall, whereas 0.6 m is required, BE APPROVED; D. 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 12 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

A. THAT Application A25/2022 requesting relief from Section 6.3.1.21 of the City of Brantford Zoning By-law 160-90 to permit a maximum height of 7.24 m for an accessory building in a residential zone, whereas a maximum height of 4.5 m is permitted, and Section 6.32.8 to permit an accessory dwelling unit on the 2nd floor of an accessory structure, whereas accessory dwelling units in accessory structures shall not be permitted above the first floor, BE APPROVED conditional upon the registration of an environmental easement for operational noise and vibration emissions, in favour of CN Rail; 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, 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 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. 2022-470.” Recorded vote on Item 4.8: YES: Virginia Kershaw, Greg Kempa, Krystyna Brooks, Tara Gaskin – 4 NO: None – 0

A. THAT Application A16/2022 seeking relief from Section 7.8.2.1.12.1 of Zoning By-law 160-90 to permit a 100% increase of the gross floor area of the building which existed at the date of passing of this by-law for the expansion of a building to be used for the purpose of a converted dwelling, whereas a 50% increase is permitted, 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, 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 Sections 6.2 of Report No. 2022-481.” Recorded vote on Item 4.9: YES: Michael Bodnar, Greg Kempa, Krystyna Brooks, Tara Gaskin – 4 NO: Virginia Kershaw – 1

A. THAT Application A13/2022 requesting relief from the City of Brantford Zoning Bylaw 160-90 to permit a minimum front yard of 3.5 m, whereas a minimum front yard of 6.0 m is required, BE APPROVED; B. THAT Application A13/2022 requesting relief from the City of Brantford Zoning Bylaw 160-90 to permit a maximum lot coverage of 43.3%, whereas a maximum lot coverage of 40% is required, BE APPROVED; C. 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 subject land; and D. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c.P.13, the following statement SHALLE 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. 2022-459.” 17 Recorded vote on Item 4.10: YES: Virginia Kershaw, Greg Kempa, Michael Bodnar, Krystyna Brooks, Tara Gaskin – 5 NO: None – 0

A. THAT Application B17/2022 to sever a parcel of land from the west portion of the lands municipally addressed as 30 Proctor Avenue, having a lot area of 465 m 2 and retain a parcel of land having a lot area of 535 m2, BE APPROVED subject to the conditions attached as Appendix A to Report 2022-486; B. THAT the reason(s) for approval are as follows: having regard for the matter 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 the surrounding properties. The application is in conformity with the general intent of the policies of the Official Plan and Zoning By-law 160-90, and is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement; C. THAT Application A18/2022 requesting relief from Section 7.3.2.1.5 of the City Of Brantford Zoning By-law 160-90 to permit a 3 m front yard setback for a proposed garage for the retained parcel, whereas 6 m is required, BE APPROVED; D. THAT Application A18/2022 requesting relief from Section 7.3.2.1.6 of the City Of Brantford Zoning By-law 160-90 to permit a 1.23 m rear yard setback for the retained parcel, whereas 6 m is required, BE APPROVED; E. 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 a

A. THAT Application B18 2022 to create an easement for access to a parking space over Part 3 on Plan 2R-7864 in favour of Part 4 in Plan 2R-7864, BE APPROVED, subject to the conditions attached as Appendix A to Report 2022-487; 20 B. THAT the reason(s) for approval are as follows: having regard for the matter 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 the surrounding properties. The application is in conformity with the general intent of the policies of the Official Plan, specifically Section 9.3(d) regarding the creation of easements within the City of Brantford and is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and the Provincial Policy Statement; C. THAT Application A20/2022 requesting relief from Section 6.18.7.8 of the City Of Brantford Zoning By-law 160-90 to permit 5 parking spaces for a proposed fourplex, whereas 6 spaces are required, BE APPROVED; D. 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 subject lands; and, E. THAT pursuant to Section 53(17) – (18.2) and Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c.P.13, the following statement SHALL BE INCLUDED in

21 THAT the following minutes BE APPROVED: 6.1.1 Committee of Adjustment – June 8, 2022