Committee of Adjustment

A. THAT Application A15/2020 requesting relief from Section 6.3.1.2.1 of Zoning By-law 160-90 to permit a maximum height of an accessory building of 7.3 m, whereas a maximum height of 4.5 m is permitted for an accessory building 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 SHAL 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. 2020-404.” 3

A. THAT Application B14/2020 to sever a parcel of land from the northern portion of the lands municipally addressed as 149 Albion Street, having a lot area of 373 m2 and to retain a parcel of land having a lot area of 373 m 2 BE APPROVED, subject to the conditions attached as Appendix A in Report No. 2020-451; 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 4 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 is consistent with the 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. 2020-451"

A. THAT Application A16/2020 requesting relief from Section 2.4.15.1 of Zoning By-law 160-90 (Variance 1) to permit a shared common area between the exterior entrance and entrance to the accessory dwelling unit, whereas accessory dwelling units are to have a clearly identifiable, separate, exterior entrance, which provides direct access to the accessory dwelling unit from outdoors BE APPROVED; and B. THAT Application A16/2020 requesting relief from Section 6.32.8 of Zoning By-law 160-90 (Variance 2) to permit an accessory dwelling unit above the first floor in an accessory structure, whereas accessory dwelling units are not permitted above the first floor in accessory structures BE REFUSED; and C. THAT reasons for approval of Variance 1 from Section 2.4.15.1 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 minor in nature and is desirable for the appropriate development and use of the land; and D. THAT the reasons for refuse of Variance 2 from Section 6.32.8 of the Zoning By-law are as follows: the variance does not meet the intent of the Zoning By- 6 law, is not minor in nature and is not desirable for the appropriate development and use of the land; 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 the Notice of Decision: “Regard has been had for all written and oral submission received from the public be

A. THAT Application A16/2020 requesting relief from Section 6.32.8 of Zoning By- law 160-90 (Variance 2) to permit an accessory dwelling unit above the first floor in an accessory structure, whereas accessory dwelling units are not permitted above the first floor in accessory structures BE APPROVED; and B. THAT the reasons for approval of Variance 2 from Section 6.32.8 of the Zoning By-law are as follows: the variance does meet the intent of the Zoning By-law is minor in nature and is desirable for the appropriate development and use of the land. Recorded vote: YES: Tara Gaskin, Dan Namisniak, Greg Kempa – 3 NO: Virginia Kershaw, Lee Rynar None – 2 The motion

A. THAT Application B12/2020 to sever a parcel of land from the northern portion of the lands municipally addressed as 38 Golfdale Road, having a lot area of 761m2 and retain a parcel of land having a lot area of 1,241 m2 BE APPROVED subject to the conditions attached as Appendix A to Report 2020-446; and 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 boundary adjustment is desirable and compatible with the surrounding area and will not result in adverse impacts on surrounding properties, The applications are in conformity with the general intent of the policies of the Official Plan and Zoning By-law 160-90, specifically Section 18.9 of the Official Plan respecting consent applications including boundary adjustments within the City of Brantford and consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement; and C. THAT Application A18/2020 seeking relief from Section 7.2.3.2.2 of Zoning By-law 160-90 to permit a minimum lot width of 22.23 m, whereas 24.5 m is required for the severed lands of Application B12/2020 BE APPROVED; and 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 land; and E. THAT pur

A. THAT Application B13/2020 to sever 33 and 77 White Owl Crescent into two separate lots, both having lot areas of approximately 278.6 m2, BE APPROVED, subject to the conditions attached in Appendix A of Report 2020-445; and 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 10 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; 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. 2020-445”. Recorded vote on Item 3.5: YES: Virginia Kershaw, Tara Gaskin, Dan Namisniak, Greg Kempa and Lee Rynar – 5 NO: None – 0 Item 3.5

THAT the following Minutes BE ADOPTED: 6.1.1 Committee of Adjustment - August 13, 2020