Jay Shewchuk in the Chair 1. ROLL CALL COMMITTEE OF ADJUSTMENT AGENDA WEDNESDAY, NOVEMBER 22, 2017 5:30 P.M., CITY COUNCIL CHAMBERS 100 WELLINGTON SQUARE BRANTFORD 2. DECLARATION OF CONFLICTS OF INTEREST 3. ITEMS FOR CONSIDERATION 3.1 Consent Application B10/2017 Minor Variance Applications A31/2017 & A32/2017 295 & 297 Brock Street Request for a Deferral Recommendation A. THAT Application B10/2017 BE DEFERRED. B. THAT the reason(s) for deferral are as follows: To give the Applicant an opportunity to pursue a Zoning By-law Amendment to permit the expansion of a legal non-conforming use and recognize zoning deficiencies that will be created as a result of the Consent application. 3.2 Application A35/2017 (CD2017-177) 1 Wellington Street Variance [Owner/Applicant Angil Develoment Group Inc. / Agent IBI Group c/o Odete Gomes] Recommendation A. THAT Application A35/2017 requesting relief from the City s Zoning Bylaw BE APPROVED. Application A35/2017 requests: Relief from Section 9.2.2.1.4 to permit nine (9) storeys for the proposed building, whereas a maximum of eight (8) storeys is permitted; Relief from Section 6.19.6.2 to permit a transformer that is greater than 1.4m in height to be located within 0.44m of a lot line abutting a street, whereas a transformer that is greater than 1.4m in height is not permitted within 6.0m of a lot line abutting a street.
Committee of Adjustment AGENDA November 20, 2017 2 Relief from Section 6.18.5.2 to permit a below-grade parking structure that is 0.0m from a lot line, whereas a below-grade parking structure is not permitted to be closer than 0.3m to any lot line. B. That the reason(s) for approval are as follows: The proposed variances will facilitate appropriate residential intensification that is considered compatible with the surrounding area; The application will facilitate the current Site Plan Approval application (SPC-27-2017) for the subject proposal; The proposed variances maintain the general intent and purpose of the City of Brantford Official Plan and Zoning By-law 160-90; The proposal is desirable for the appropriate development and use of the subject property; and The relief requested is considered minor in nature. 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 CD2017-177. 4. CONSENT ITEMS 4.1 Minutes THAT the minutes of the Committee Adjustment meeting held on October 18, 2017 BE ADOPTED. 4.2 Information Items (no copy) 4.3 New Business (no copy) 5. NEXT MEETING Reminder: The next meeting of the Committee of Adjustment is Wednesday, December 20, 2017 in the Council Chambers, City Hall, 100 Wellington Square, Brantford 5:30 p.m. 6. ADJOURNMENT
MEMORANDUM DATE: November 16, 2017 TO: FROM: Members of the Committee of Adjustment Sean House, Planning Department SUBJECT: Consent Application B10/2017 Minor Variance Applications A31/2017 & A32/2017 295 & 297 Brock Street A Consent application has been received for the property municipally addressed as 295 & 297 Brock Street. The Applicant was originally proposing to sever the lot from the south side of the subject property, with no immediate development proposed. To facilitate the creation of the new lot, the Applicant also submitted Minor Variance applications seeking relief from Zoning By-law 160-90 with regards to lot width and a deck projection. A site inspection completed on November 9, 2017 by Planning staff revealed that the Applicant, who is the owner of an existing industrial business located at 293 Brock Street, has expanded their parking lot to completely occupy the proposed severed lands at 295 Brock Street. The Applicant has also constructed a fence along the proposed severance line and across the frontage and rear yard of the proposed lot, prior to any severance approval. The proposed severed and retained lands at 295 and 297 Brock Street, as well as the existing industrial business at 293 Brock Street are zoned Residential Type 1C Zone (R1C) in Zoning By-law 160-90. Industrial uses, including associated parking, are not permitted in the R1C Zone. The business itself is classified as a legal non-conforming use. Section 18.12.1.2 of the Official Plan defines this type of legal non-conforming use as: Any building or structure for which a building permit has been issued under the Building Code Act prior to the date of passage of any Zoning Bylaw to implement this Official Plan, provided that it is erected and used for that purpose, and that the building permit is not otherwise revoked. As a legal non-conforming use, the business is legally allowed to exist as is, however, any unauthorized expansion of this use without a Zoning By-law Amendment is not permitted. On November 15, 2017, the Applicant s Agent requested a deferral of the Consent application so that an application for a Zoning By-law Amendment can be submitted by the Applicant. The Applicant has withdrawn the Minor Variance
applications, as any zoning deficiencies will be addressed through the Zoning By-law Amendment. Planning staff are recommending the following: A. THAT Application B10/2017 BE DEFERRED. B. THAT the reason(s) for deferral are as follows: To give the Applicant an opportunity to pursue a Zoning By-law Amendment to permit the expansion of a legal non-conforming use and recognize zoning deficiencies that will be created as a result of the Consent application. Prepared by: Sean House Current Development Planner Victoria Coates Current Development Planner Reviewed By: Lucy Hives, MCIP, RPP Director, Planning Development
DATE: November 22, 2017 REPORT NO. CD2017-177 TO: Members of the City of Brantford Committee of Adjustment FROM: Brandon Kashin, Current Development Planner 1.0 TYPE OF REPORT Committee of Adjustment Decision Regarding Application for Minor Variance 2.0 TOPIC 2.1 APPLICATION NO. A35/2017 2.2 OWNER/ APPLICANT Angil Development Group Inc. 2.3 AGENT IBI Group, c/o Odete Gomes 2.4 LOCATION 1 Wellington Street 3.0 RECOMMENDATION A. THAT Application A35/2017 requesting relief from the City s Zoning By-law BE APPROVED. Application A35/2017 requests: Relief from Section 9.2.2.1.4 to permit nine (9) storeys for the proposed building, whereas a maximum of eight (8) storeys is permitted; Relief from Section 6.19.6.2 to permit a transformer that is greater than 1.4m in height to be located within 0.44m of a lot line abutting a street, whereas a transformer that is greater than 1.4m in height is not permitted within 6.0m of a lot line abutting a street. Relief from Section 6.18.5.2 to permit a below-grade parking structure that is 0.0m from a lot line, whereas a below-grade parking structure is not permitted to be closer than 0.3m to any lot line. B. That the reason(s) for approval are as follows: The proposed variances will facilitate appropriate residential intensification that is considered compatible with the surrounding area;
November 13, 2017 Page 2 The application will facilitate the current Site Plan Approval application (SPC- 27-2017) for the subject proposal; The proposed variances maintain the general intent and purpose of the City of Brantford Official Plan and Zoning By-law 160-90; The proposal is desirable for the appropriate development and use of the subject property; and The relief requested is considered minor in nature. 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 CD2017-177. 4.0 PURPOSE AND DESCRIPTION OF APPLICATION A Minor Variance application has been received for the property municipally addressed as 1 Wellington Street. The Applicant proposes a nine (9) storey mixed use building with a 640m² commercial shopping centre located on the ground floor level. The building will consist of 140 apartment dwelling units. There will be 142 parking spaces provided on-site including 42 bicycle parking spaces and 102 spaces located below grade. The existing dwellings will be demolished to facilitate the development of these lands. A minor variance is required to allow for the development of a ninth floor amenity space, where the current Fringe Core Commercial (C2) Zone restricts building heights to a maximum of eight storeys. A second minor variance is required to permit a transformer to be located 0.44m from a lot line abutting a street, and a third minor variance is required to permit the below-grade parking structure to be 0.0m from a lot line. The applicant is seeking relief from the following sections of Zoning By-law 160-90: Relief from Section 9.2.2.1.4 to permit nine (9) storeys for the proposed building, whereas a maximum of eight (8) storeys is permitted; Relief from Section 6.19.6.2 to permit a transformer that is greater than 1.4m in height to be located within 0.44m of a lot line abutting a street, whereas a transformer that is greater than 1.4m in height is not permitted within 6.0m of a lot line abutting a street. Relief from Section 6.18.5.2 to permit a below-grade parking structure that is 0.0m from a lot line, whereas a below-grade parking structure is not permitted to be closer than 0.3m to any lot line. A location map and site plan illustrating the proposed development are attached as Appendices A and B. The subject lands are designated Core Commercial
November 13, 2017 Page 3 in the City s Official Plan and are zoned Fringe Core Commercial (C2) in Zoning By-law 160-90. The proposal is currently being reviewed through Site Plan Control application SPC-27-2017. Site Plan Approval has not yet been issued for the site, as it is contingent on the approval of the subject minor variances. The subject variances are requested so that Site Plan Approval for the entire development can be granted. 5.0 SITE FEATURES AND SURROUNDING LAND USE The subject lands front onto Wellington Street, and are located east of West Street, north of Darling Street, and west of Bridge Street. The subject lands have existing residential buildings and an institutional building at the southern boundary. The subject land area is 3,930 m 2 (0.97 acres). The subject property is surrounded by a large variety of different uses including high density residential uses (apartment dwellings), medium density residential uses (townhouse dwellings), low density residential uses (single detached dwellings), institutional uses, and commercial uses. An aerial photo, site photographs, and a land use map are attached as Appendices C, D and E. 6.0 INPUT FROM OTHER SOURCES 6.1 Technical Comments This application was circulated to the following departments and agencies: Building Department, Clerks Department, Engineering and Traffic Departments, Fire Department, Brantford Power, Bell Canada, Union Gas, and Hydro One. No adverse comments or objections were received from the commenting agencies. Detailed comments from the Building Department and Engineering Department are attached as Appendix F. 6.2 Public Response Notice of public hearing was issued by personal mail (43 notices) and by posting a sign on-site. A plan illustrating the circulation area is attached as Appendix G. At the date of preparation of this report, no comments from the public have been received in regard to this application.
November 13, 2017 Page 4 6.3 Grand River Notification Notice of the public meeting was issued to representatives of the Six Nations of the Grand River and the Mississaugas of the New Credit Reserves, with no response received to date. 6.4 Confederacy The Application was circulated to representatives of the Confederacy. No comments were received to date. 7.0 PLANNING STAFF COMMENTS AND CONCLUSION Minor Variance applications must be evaluated in the context of Section 45(1) of the Planning Act. When evaluating the merits of a Minor Variance application, the Committee of Adjustment must be satisfied that the four tests have been met. If any one of the four tests is not satisfied, then the application is not a minor variance. A minor variance must be minor in nature, desirable for the appropriate development and use of the land, and the general intent and purpose of the Zoning By-law and Official Plan must be maintained. 7.1 Provincial Policy Statement (2014) The subject Minor Variance application has been reviewed with respect to the policies contained in the Provincial Policy Statement (PPS). The PPS is issued under the authority of Section 3 of the Planning Act, which requires that planning decisions shall be consistent with policy statements issued under the Act. Additionally, Section 4.7 and 4.8 of the PPS states that Planning authorities shall keep their Zoning By-laws up-to-date with their Official Plans and the Provincial Policy Statement. The PPS encourages an appropriate range and mix of dwelling types and densities, compatible residential intensification, and an efficient use of the existing infrastructure and municipal services. Planning Staff is of the opinion that the proposed variances are consistent with the direction set out in the PPS. 7.2 Places to Grow Growth Plan for the Greater Golden Horseshoe (2017) Earlier this year, the Province released the updated Places to Grow, Growth Plan for the Greater Golden Horseshoe (Growth Plan), which came into force and effect as of July 1, 2017. The subject Minor Variance application has been reviewed with respect to the policies contained in the Growth Plan. Section 1.2.1 of the Growth Plan outlines the principles that provide the basis for guiding
November 13, 2017 Page 5 decisions in the GGH on how land is developed, resources are managed and protected, and public dollars are invested. These principles include the following: Support the achievement of complete communities that are designed to support healthy and active living and meet people s needs for daily living throughout an entire lifetime. Prioritize intensification and higher densities to make efficient use of land and infrastructure and support transit viability. Support a range and mix of housing options, including second units and affordable housing, to serve all sizes, incomes, and ages of households. Integrate climate change considerations into planning and managing growth such as planning for more resilient communities and infrastructure that are adaptive to the impacts of a changing climate and moving towards lowcarbon communities, with the long-term goal of net-zero communities, by incorporating approaches to reduce greenhouse gas emissions. Planning Staff is of the opinion that the proposed variances are in conformity with the Growth Plan. 7.3 City of Brantford Official Plan The subject property is designated Core Commercial in the City s Official Plan (Appendix H). This designation permits a wide range of uses, and residential and commercial uses are specifically permitted within mixed use buildings as proposed. Residential uses are permitted in mixed use buildings as long as they do not occupy the first floor of a mixed use building. The subject proposal will yield a net residential density of 356.23 dwelling units per hectare. In the Core Commercial designation, maximum net residential density shall generally not exceed 375 dwelling units per net residential hectare. The proposed unit yield will not exceed the maximum density permitted in the Official Plan. With respect to these policies, the proposed development is compatible with adjacent institutional, commercial, and residential uses in terms of scale, height, access, traffic circulation, landscaping, and buffering. The Official Plan encourages improvements to the Core Commercial area in the form of infill development, and the subject minor variance application will facilitate Site Plan Approval application SPC-27-2017 that will assist in achieving the Official Plan urban design policies. The Official Plan recognizes the downtown core area as being important for commercial development within the city, and encourages high density residential development in the area. This type of development is encouraged to create greater vibrancy in the downtown core, and to increase populations within the area to create a larger economic base to support local businesses. The subject minor variance application will permit the development of a high-density multi-unit
November 13, 2017 Page 6 residential building with 140 units and commercial uses at grade, which is considered the type of infill residential development that will contribute to the prosperity of commercial development within the downtown core. The subject property is also located within the defined Urban Growth Centre (Schedule 1-2), and the proposed development generally achieves the related policies set out in Section 15.3. Specifically, the subject proposal will contribute to meeting the City s intensification targets within this area. Section 7.3.2.18.1 of the Official Plan provides direction on new development within the Core Commercial area so that it enhances human scale and built form, and states, New buildings on lands designated Core Commercial area shall generally not exceed 8 storeys in height. Taller buildings may be considered through an amendment to the Zoning Bylaw, subject to the provision of additional setbacks, their compatibility with the height and massing of surrounding buildings, and the provisions of adequate buffering and mitigation measures to minimize sunshadow effects on surrounding properties. The Official Plan limits building storeys within the Core Commercial area to restrict the number of dwelling units and to also maintain characteristics of height in the area. The variance for height relates only to the indoor amenity space on the ninth storey, and the proposed ninth storey will have a considerably smaller footprint than each former storey below. The proposed ninth storey will not include any residential units. The impact of the proposed ninth storey will also be mitigated by urban design features incorporated into the design of the building, specifically because the ninth storey will be situated on the west side of the building, which will ensure that the storey is buffered by the generous western side yard setback. Also, the design of the building and the features included atgrade will improve the surrounding public realm and streetscape. The development will achieve a variety of goals identified in the City of Brantford Urban Design Guidelines to further mitigate the impact of the partial ninth storey. The proposed urban design features address neighbourhood character, visual and pedestrian connectivity, environmental functions, and diversity of residential types and uses. It is the opinion of Planning Staff that the proposal will maintain the general intent and purpose of the City s Official Plan. 7.4 City of Brantford Zoning By-law 160-90 The subject lands are zoned Fringe Core Commercial (C2) in Zoning By-law 160-90 (Appendix I). This zone permits the proposed mixed use residential/commercial building. To facilitate the development as proposed, the
November 13, 2017 Page 7 Minor Variance application requests relief from the following provisions of Zoning By-law 160-90: Relief from Section 9.2.2.1.4 to permit nine (9) storeys for the proposed building, whereas a maximum of eight (8) storeys is permitted; Relief from Section 6.19.6.2 to permit a transformer that is greater than 1.4m in height to be located within 0.44m of a lot line abutting a street, whereas a transformer that is greater than 1.4m in height is not permitted within 6.0m of a lot line abutting a street. Relief from Section 6.18.5.2 to permit a below-grade parking structure that is 0.0m from a lot line, whereas a below-grade parking structure is not permitted to be closer than 0.3m to any lot line. The development as proposed meets all other regulations of the C2 Zone. The variance to permit a ninth storey will allow for the building to meet amenity space provisions within Zoning By-law 160-90. The ninth storey will occupy less than half of the floor area of the other storeys below it, and is to be situated along the western side of the building so that the western side yard setback will providea spatial buffer to mitigate impact on adjacent properties. Considering the difference between what is permitted as-of-right and what is proposed, the proposal will have minimal further impact on adjacent properties. The variance to permit a transformer taller than 1.4m to be located within 0.44m of a lot line abutting a street is appropriate. This provision is intended to ensure that transformers have adequate spatial separation from streets, and this intention is upheld by the daylighting triangle maintained at the corner of West Street and Darling Street. Also, there is further separation from the street by the pedestrian sidewalk and municipal boulevard. The proposed transformer will also incorporate screening, which will be addressed during the Site Plan Approval process. The variance to permit a below-grade parking structure setback of 0.0m from a lot line is appropriate, considering there will be little to no perceived impact from what is currently permitted by the Zoning By-law. It will be situated below-grade and will not impact the character of the streetscape. It is the opinion of Planning Staff that the proposal will maintain the general intent and purpose of Zoning By-law 160-90. 7.5 Conclusion A site inspection was completed on November 9 th, 2017. Upon completion of this visit, Planning Staff is supportive of the application. The minor variance as proposed will facilitate appropriate infill development that makes efficient use of land, infrastructure, and services. This type of infill development represents good land use planning that is encouraged by the PPS, Growth Plan, and Official Plan.
November 13, 2017 Page 8 The variance satisfies the criteria of Section 45(1) of the Planning Act. It is the opinion of Planning Staff that the proposed variances are desirable for the appropriate development and use of the land, and is minor in nature. Planning Staff is satisfied that the general intent of the Official Plan and Zoning By-law are maintained and recommend that application A35/2017 be approved. Prepared On: November 13 th, 2017 Brandon Kashin, M.PL Current Development Planner Reviewed By Joe Muto, MCIP, RPP Manager of Current Planning
November 13, 2017 Page 9 APPENDIX A Location Map
November 13, 2017 Page 10 APPENDIX B Conceptual Site Plan A B
November 13, 2017 Page 11 APPENDIX C Aerial Photo
November 13, 2017 Page 12 APPENDIX D Site Photos View of the existing building from Wellington Street. View of the eastern side yard from Wellington Street.
November 13, 2017 Page 13 View of the eastern side yard from Bridge Street. View of the southern rear yard from Darling Street.
November 13, 2017 Page 14 View of the western side yard from West Street.
November 13, 2017 Page 15 APPENDIX E Existing Land Uses
November 13, 2017 Page 16 APPENDIX F Building Department Comments & Engineering Department Comments
November 13, 2017 Page 17
November 13, 2017 Page 18
November 13, 2017 Page 19 APPENDIX G Notification Area
November 13, 2017 Page 20 APPENDIX H Official Plan
November 13, 2017 Page 21 APPENDIX I Zoning
Jay Shewchuk in the Chair 1. ROLL CALL COMMITTEE OF ADJUSTMENT MINUTES WEDNESDAY, OCTOBER 18, 2017 5:30 P.M., CITY COUNCIL CHAMBERS 100 WELLINGTON SQUARE BRANTFORD PRESENT: Jay Shewchuk, Lesley Ann Bowen, Dan Namisniak, Greg Kempa, Erin Ruby, Chris Szoke, Lee Rynar STAFF: Victoria Coates, Jeff Medeiros, Brandon Kashin, Virginia Kershaw 2. DECLARATION OF CONFLICTS OF INTEREST Lesley Ann Bowen declared a conflict of interest on Item 3.3 (Application B30/2017 65 Sky Acres Drive) as her employer has a business relationship with the applicant. She further declared a conflict of interest on Item 3.5 (Application A33/2017 & B31/2017 19 Sandy Row) as her employer has business relationship with some of the parties who will be speaking during the application. She refrained from all voting and discussion and voting on both Items. 3. ITEMS FOR CONSIDERATION The procedure to be followed during the Committee of Adjustment Hearings was explained by Chairman Shewchuk. Proper notification of all applications had been given. 3.1 Appointment of Secretary-Treasurer and Acting Secretary-Treasurer to Committee of Adjustment Recommendation Moved by D. Namisniak Seconded by G. Kempa A. THAT Jeff Medeiros BE REMOVED as Secretary-Treasurer Committee of Adjustment effective October 18, 2017; and B. THAT Victoria Coates BE APPOINTED as Secretary-Treasurer, Committee of Adjustment effective October 18, 2017; and
Committee of Adjustment MINUTES October 18, 2017 2 C. THAT Brandon Kashin BE APPOINTED as Deputy Secretary-Treasurer to fulfill all duties of the Secretary-Treasurer in their absence, effective October 18, 2017. Recorded vote on Item 3.1 CARRIED YES: Jay Shewchuk, Lesley Ann Bowen, Dan Namisniak, Greg Kempa, Erin Ruby, Chris Szoke, Lee Rynar NO: None Item 3.1 was carried unanimously on a vote of 7 to 0. 3.2 Application B26/2017 (CD2017-173) 251 Mount Pleasant Road (former Brant County) Consent [Owner 2463925 Ontario Inc. / Applicant / Agent Hector Jibbson] Hector Jibbson, agent for the owner addressed the Committee and requested approval of the application before the Committee to sever a portion from the lands at 251 Mount Pleasant Road for the purposes of a lot boundary adjustment. The severed parcel is to be merged with the adjacent property at 253 Mount Pleasant Road. The Staff Report and recommendations contained in Appendix A have been reviewed and the owner is in agreement with the conditions noted. J. Medeiros addressed the Committee and reviewed the Staff Report relating to this application. It was noted that the severance is in conformity with the general intent of policies that are currently in place including the Growth Plan and Provincial Policy Statement. There were no members of the public in attendance to speak to this matter. Recommendation Moved by C. Szoke Seconded by E. Ruby A. THAT Application B26/2017 to sever a parcel of land from the lands municipally addressed 251 Mount Pleasant Road, having an irregular lot width and lot depth, and a 1984 m 2 area, and to retain a parcel of land having an irregular lot width and lot depth, and a 3435 m 2 area, and to register an easement to recognize the shared driveway, BE APPROVED, subject to the attached conditions in Appendix A. B. THAT the reason(s) for approval are as follows:
Committee of Adjustment MINUTES October 18, 2017 3 The Consent application is in conformity with the general intent of the policies of the County of Brant Official Plan and Zoning By-law 61-16, respecting boundary adjustments, and is 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 CD2017-173. Recorded vote on Item 3.2 CARRIED YES: Jay Shewchuk, Lesley Ann Bowen, Dan Namisniak, Greg Kempa, Erin Ruby, Chris Szoke, Lee Rynar NO: None Item 3.2 was carried unanimously on a vote of 7 to 0. 3.3 Application B30/2017 (CD2017-168) 65 Sky Acres Drive Brantford Consent [Owner / Applicant Brant Haldimand Norfolk Catholic District School Board / Agent Vicano Developments Limited] Lesley Ann Bowen declared a conflict of interest on Item 3.3 (Application B30/2017 65 Sky Acres Drive) as her employer has a business relationship with the applicant. She refrained from all voting and discussion and voting on this item. Paul Vicano, agent for the owner addressed the Committee and requested approval of the application before the Committee to sever a portion from the lands at 65 Sky Acres Drive, noting that there are currently two schools on the retained and severed portion of land. There are no further developments planned as a result of this boundary adjustment application at this time. The Staff Report and recommendations contained in Appendix A have been reviewed and the owner is in agreement with the conditions noted. B. Kashin addressed the Committee and reviewed the Staff Report relating to this application. It was noted that the severance is in conformity with the general intent of policies that are currently in place including the Growth Plan and Provincial Policy Statement.
Committee of Adjustment MINUTES October 18, 2017 4 Emily Marlatt, 24 Kingsway Crescent addressed the Committee expressed concern with the vague details on the reuse of the elementary school currently on the Sky Acres Drive lot. B. Kashin advised that the Institutional Zoning designation is very restrictive and allows for limited uses. Any changes to the rezoning of the property would require a zoning amendment with further public consultation and input. There were no further members of the public in attendance to speak to this matter. Recommendation Moved by E. Ruby Seconded by C. Szoke A. THAT Application B30/2017 to sever a parcel from the northeast side of the subject lands, municipally known as 65 Sky Acres Drive, having an area of 0.924 ha, and to retain a parcel having an area of 4.484 ha, BE APPROVED, subject to the attached conditions in Appendix A. B. THAT the reason(s) for approval are as follows: The consent application is in conformity with the general intent of the policies of the Official Plan, specifically Section 18.9 respecting consents within the City of Brantford and is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement. The proposal complies with the regulations of Zoning By-law No. 160-90. 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 CD2017-168. Recorded vote on Item 3.3 CARRIED YES: Jay Shewchuk, Dan Namisniak, Greg Kempa, Erin Ruby, Chris Szoke, Lee Rynar - 6 NO: None Item 3.3 was carried unanimously on a vote of 6 to 0.
Committee of Adjustment MINUTES October 18, 2017 5 3.4 Application A34/2017 (CD2017-171) Blocks 63, 65-86 & 88, 2M-1932 Wynfield West Phase 6A Variance [Owner / Applicant Empire Communities Limited / Agent Armstrong Planning and Project Management] Jason Shapardanis, Empire Communities and Carleigh Oude-Reimerink, Armstrong Planning and Project Management, agent for the owner addressed the Committee and requested approval of the variance application to provide relief from the Zoning By-law as it relates to minimum lot area for each street townhouse dwelling unit. The Staff Report has been reviewed and the owner is in agreement with the conditions and recommendations contained within it. V. Coates addressed the Committee and reviewed the Staff Report on this application noting that staff are recommending approval as it is will facilitate appropriate residential intensification, is keeping with the general intent of the City s by-laws and is considered minor in nature. In response to questioning from C. Szoke it was noted that there was a lot coverage calculation error when the application was made, and will not have an effect on the drainage or access easement agreements. There were no members of the public in attendance to speak to this application. Recommendation Moved by D. Namisniak Seconded by G. Kempa A. THAT Application A34/2017 requesting relief from the City s Zoning By-law to permit a minimum lot area of 168.0 m 2 /unit for a street townhouse dwelling for Blocks 63, 65-86, and 88 on Registered Plan 2M-1932, whereas a minimum of 180.0 m 2 /unit is required, BE APPROVED. B. That the reason(s) for approval are as follows: The proposed variance will facilitate appropriate residential intensification that is considered compatible with the surrounding area; The proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law 160-90; and, 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: 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 CD2017-171. CARRIED
Committee of Adjustment MINUTES October 18, 2017 6 Recorded vote on Item 3.4 YES: Jay Shewchuk, Lesley Ann Bowen, Dan Namisniak, Greg Kempa, Erin Ruby, Lee Rynar - 6 NO: Chris Szoke - 1 Item 3.4 was carried on a vote of 6 to 1. 3.5 Application A33/2017 and B31/2017 (CD2017-172) 19 Sandy Row Variance and Consent [Owner Michael Frommer / Applicant/Agent J.H. Cohoon Engineering c/o Bob Phillips] Lesley Ann Bowen declared a conflict of interest on Item 3.5 (Application A33/2017 & B31/2017 19 Sandy Row) as her employer has business relationship with some of the parties who will be speaking during the application. She refrained from all voting and discussion and voting on this item. B. Phillips, agent for the owner addressed the Committee requesting approval of the applications for variance and consent for property at 19 Sandy Row. It was noted that the proposal is to sever a parcel of land from 19 Sandy Row and create a new lot for a new single detached dwelling. The lot being created and retained in the severance requires variance approval as the minimum lot area and lot frontage is lower than required by the by-law. Mr. Phillips indicated that an additional condition noted as Item 23 in Appendix A should be a requirement of this approval (spatial separation requirements). He further noted that the severed lot would be subject to Site Plan Control process. The applicant is of the opinion that the side yard/amenity space for the severed lot is appropriate. V. Coates addressed the Committee and reviewed the Staff Report on these applications, noting that staff are recommending approval of the applications as the severance is in conformity with the general intent of policies that are currently in place including the Growth Plan and Provincial Policy Statement. The variance is also being recommended for approval as it will facilitate the appropriate residential intensification, is keeping with the general intent of the City s by-laws and is considered minor in nature. An email of concern has been submitted by David Black a resident in the neighbourhood. A copy of this email will be included in the original minute file folder. A petition signed by 29 residents has been received noting their concerns with the application before the Committee. A copy of the petition will be included in the original minute file folder.
Committee of Adjustment MINUTES October 18, 2017 7 Jim Gowrie, 18 Sandy Row addressed the Committee and questioned why this lot is now being considered as an appropriate lot for development when it hasn t been developed beforehand. The area residents are concerned with this proposal and do not feel it is appropriate for the area. He noted that he signed the petition against this development. He further noted that the proposed type of dwelling which will be built on the lot will not fit with the character of the surrounding area, will impact on privacy along the rear property line and will cause sight line obstructions as it is built on the curving part of the roadway. He noted that there is a problem with the water pressure in the West Brant area and approving this development will cause an additional strain to the water system. He expressed concern that the Planning Staff are recommending approval of this application as the residents do not consider this application to be minor in nature. If necessary, the residents will take the matter to the OMB if it is approved this evening. Blair Medlar, 20 Sandy Row addressed the Committee and noted his concerns with the proposed development as it will impact the enjoyment of his property. David Black, 16 Sandy Row addressed the Committee and noted that his investigation through MPAC records shows a difference in the property size by approximately 9.6% and he questioned whether the difference can be explained. It was noted that the City does not use MPAC records, but does utilize the registered reference plan when determining lot size for the severed parcel of land. It was noted that a legal survey must be completed to ensure that the measurements are accurate for the development or else the severance will not be valid. Virica Peicu, 57 Hillcrest Avenue addressed the Committee and noted her concerns with not being aware that the owner of the property at 19 Sandy Row was planning this severance and only having this opportunity to express their concerns with the application. She is concerned that the new dwelling unit will impact her enjoyment of her property which is situated at the rear of the subject property. There were no further members of the public in attendance to speak to this application. B. Phillips re-appeared before the Committee and noted that the proposed development is subject to the legislation that is in place today which requires intensification within the built boundaries of the City, including this area. The new unit will be subject to the City s Site Plan process which will ensure any technical concerns will be addressed to the adequacy of City regulations and bylaws. Recommendation Moved by G. Kempa Seconded by E. Ruby A. THAT Application B31/2017 to sever a parcel of land from the southeast side of the lands municipally addressed as 19 Sandy Row, having a lot width of 20.1 m, a depth of 23.4 m, and an area of 329.3 m 2, and to retain a parcel of land having
Committee of Adjustment MINUTES October 18, 2017 8 a lot width of 13.5 m, a depth of 32.2 m, and an area of 376.5 m 2 for a new residential lot, BE APPROVED, subject to the conditions attached in Appendix A, including the addition of Condition #23. B. THAT the reason(s) for approval are as follows: The consent 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 CD2017-172. D. THAT Application A33/2017 requesting relief from Zoning By-law 160-90 to permit a minimum lot area of 329.3 m 2 for the lands to be severed, a minimum lot area of 376.5 m 2 for the lands to be retained, and a minimum lot width of 13.5 m for the lands to be retained at 19 Sandy Row, whereas a minimum lot area of 450.0 m 2 and lot width of 15.0 m is required, BE APPROVED. E. That the reason(s) for approval are as follows: The proposed variance will facilitate appropriate residential intensification that is considered compatible with the surrounding area; The proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law 160-90; and, The relief requested is considered minor in nature and the application complies with criteria set out in Section 45(1) of the Planning Act. F. 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 CD2017-172. CARRIED
Committee of Adjustment MINUTES October 18, 2017 9 Recorded vote on Item 3.5 YES: Jay Shewchuk, Dan Namisniak, Greg Kempa, Erin Ruby, Chris Szoke - 5 NO: Lee Rynar - 1 Item 3.5 was carried on a vote of 5 to 1. 4. CONSENT ITEMS 4.1 Minutes Moved by C. Szoke Seconded by L. Rynar THAT the minutes of the Committee Adjustment meeting held on September 13, 2017 BE ADOPTED. CARRIED 4.2 Appointment of Chair and Vice-Chair for term expiring November 30, 2018 Jay Shewchuk was nominated and acclaimed as Chair of the Committee of Adjustment. Dan Namisniak was nominated and acclaimed as Vice Chair of the Committee of Adjustment. 4.3 2018 Committee of Adjustment Meeting Dates (to be distributed at meeting). Moved by C. Szoke Seconded by L. Rynar THAT the 2018 Committee of Adjustment Meeting Schedule BE APPROVED as follows: HEARING DATE (5:30 P.M.) January 24, 2018 (Wednesday) February 28, 2018 (Wednesday) March 28, 2018 (Wednesday) April 25, 2018 (Wednesday) May 30, 2018 (Wednesday)
Committee of Adjustment MINUTES October 18, 2017 10 July 11, 2018 (Wednesday) August 8, 2018 (Wednesday) September 12, 2018 (Wednesday) October 10, 2018 (Wednesday) November 7, 2018 (Wednesday) December 19, 2018 (Wednesday) CARRIED 4.4 Information Items (no copy) The OMB have made a decision on 3 Dowden Avenue application with the application being approved. An OMB hearing was held on October 10, 2017 regarding 251 Memorial Drive. No decision has been received as yet. 4.5 New Business (no copy) None 5. NEXT MEETING Reminder: The next meeting of the Committee of Adjustment is Wednesday, November 22, 2017 in the Council Chambers, City Hall, 100 Wellington Square, Brantford 5:30 p.m. 6. ADJOURNMENT The meeting adjourned at 7:40 p.m. Jay Shewchuk, Chair Victoria Coates, Secretary-Treasurer
Committee of Adjustment MINUTES October 18, 2017 11 Brandon Kashin, Deputy Secretary-Treasurer Jeff Medeiros, Int. Development Planner Virginia Kershaw, Council & Committee Services Coordinator