Ms. Wenda Allicock in the Chair ROLL CALL COMMITTEE OF ADJUSTMENT MINUTES WEDNESDAY, AUGUST 26, 2014 6:00 P.M., COUNCIL CHAMBERS PRESENT: ABSENT WITH REGRETS: ALSO PRESENT: Ms. Wenda Allicock, Mr. Daniel Namisniak, Mr. Jay Shewchuk, Mr. Chris Markell, Ms. Lesley Ann Bowen, Mr. Paul Myers Mr. Stephen Hertog Danette Dalton, Reporting Planner/Secretary-Treasurer Barb Day, Recording Secretary 1. ADOPTION OF PROPOSED MINUTES OF PREVIOUS MEETING Seconded by Mr. Paul Myers THAT the minutes of July 8, 2014 BE ADOPTED. 2. DISCLOSURE OF PECUNIARY INTEREST AND ITS GENERAL NATURE Ms. Wenda Allicock declared a disclosure of pecuniary interest regarding item 4.4-45 Tenth Avenue and 50 Lida Street (Variance Submission A16/2014 and Severance Submission B14/2014) 3. MATTERS TO BE ADJOURNED There were no matters to be adjourned. 4. CURRENT APPLICATONS 4.1 49 Richardson Street Severance Submission B12/2014 and Variance Submission A21/2014 Applicant: Rick Albrecht within Planning Staff Report CD2014-147 [copy of which is attached to and forms part of the Original Minutes]. In attendance was Rick Albrecht of 49 Richardson Street,
Committee of Adjustment - Minutes Page 2 Brantford. Mr. Albrecht provided examples of other shared driveways in the neighbourhood. It was noted that application B12/2014 was already approved at the last meeting. Moved by Mr. Chris Markell Seconded by Mr. Jay Shewchuk THAT Application A21/2014 to permit a reduced driveway width for the lands to be severed and retained (Part 1 and Part 4 on Related Application B12/2014) BE APPROVED as follows: Part 1 (lands to be retained): i) To permit a driveway width of 0.77 m (2.53 ft) whereas 2.4 m (7.8 ft.) is required. (Section 6.18.3.8 of Zoning Bylaw 160-90); Part 4 (lands to be severed): ii) To permit a driveway width of 2.23 m ( 7.32 ft) whereas 2.4 m (7.8 ft.) is required. (Section 6.18.3.8 of Zoning Bylaw 160-90) REASON: The proposed variance recognizes a mutual driveway which is considered compatible with the surrounding land uses. The relief requested is considered minor in nature and the application complies with criteria set out in Section 45(1) of the Planning Act. 4.2 264 Bruce Street Severance Submission B11/2014 and Variance Submission A22/2014 Applicant: Lucia Spadafora c/o Anthony Spadafora Homes Agent: J.H. Cohoon Engineering Limited within Planning Staff Report CD2014-148 [copy of which is attached to and forms part of the Original Minutes]. In attendance was Bob Phillips of J.H. Cohoon Engineering, 440 Hardy Road, Unit 1, Brantford. Mr. Phillips advised that they were in agreement with the recommendations in the Planning Staff report.
Committee of Adjustment - Minutes Page 3 Seconded by Mr. Paul Myers THAT Application A22/2014 for relief from Section 6.18.3.3 of Zoning Bylaw 160-90 to permit one required parking space within the minimum front yard BE APPROVED. REASON: The proposed variance recognizes an existing parking space within the front yard which is considered compatible with the surrounding land uses. The relief requested is considered minor in nature and the application complies with criteria set out in Section 45(1) of the Planning Act. 4.3 206 Nelson Street Severance Submission B13/2014 and Variance Submission A15/2014 Applicant: Richer Geneau Agent: Brant Painting and Contracting Ltd. within Planning Staff Report CD2014-149 [copy of which is attached to and forms part of the Original Minutes]. In attendance was Richer Geneau of 30 Miles Avenue, Brantford. Mr. Geneau had no additional comments. Ms. Dalton advised that the applicant paid a combined fee for the variance and severance. Seconded by Mr. Chris Markell THAT Application A15/2014 BE APPROVED to permit a minimum lot width of 8.3m (27.23 ft) for the lands to be severed and to permit a reduced driveway width for the lands to be severed and retained (File B13/2014) as follows: Lands to be retained: iii) To permit a driveway width of 1.67 m (5.48 ft) whereas 2.4 m (7.8 ft.) is required. (Section 6.18.3.8 of Zoning Bylaw 160-90); Lands to be severed: iv) To permit a driveway width of 1.67 m ( 5.48 ft).whereas 2.4 m (7.8 ft.) is required. (Section 6.18.3.8 of Zoning Bylaw 160-90) REASON: The proposed variance recognizes a mutual driveway and a severed lot with a reduced lot width which is considered compatible with the surrounding
Committee of Adjustment - Minutes Page 4 land uses. The relief requested is considered minor in nature and the application complies with criteria set out in Section 45(1) of the Planning Act. 4.4 79 Fulton Street Variance Submission A17/2014 Applicant: Shane Darville The committee and the applicant gave approval to move Application A17/2014 79 Fulton Street forward in the agenda. within Planning Staff Report CD2014-151 [copy of which is attached to and forms part of the Original Minutes]. In attendance was Shane Darville, of 79 Fulton Street, Brantford. There were no additional comments from the applicant. Ms. Dalton confirmed that the property must comply with the requirements for a Home Occupation under the Zoning Bylaw. The applicant may have to obtain a business license (depending on the specific requirements of the profession) and a building permit. Ms. Dalton advised that there should not be a lot of traffic, as the business is a lab environment. Mr. Darville advised that approximately three customers come in on a busy day. Ms. Dalton explained that a home occupation requires one additional parking space. There is one space in the garage and one in the driveway. There is a maximum size allowed for signage. A variance would be required for a larger sign. Signs for home businesses cannot be commercial or illuminated. Seconded by Mr. Chris Markell THAT Application A17/2014 to permit a home occupation to have an area of 50.7 m 2 (Section 6.17.3 of Zoning Bylaw 160-90) BE APPROVED subject to the following condition: 1. Receipt of correspondence from Traffic Engineering confirming that their requirements have been met prior to the issuance of a Building Permit. REASON: The variance is considered minor in nature, it is a desirable use of the lands and it is in keeping with the general intent and purpose of the Zoning Bylaw and Official Plan. 4.5 45 Tenth Street and 50 Lida Street Variance Submission A16/2014 and Severance Submission B14/2014 Applicant: Gary Annis
Committee of Adjustment - Minutes Page 5 within Planning Staff Report CD2014-150 [copy of which is attached to and forms part of the Original Minutes]. In attendance was Reese Annis of 8 Lombard Street, Brantford. Ms. Wenda Allicock declared a disclosure of pecuniary interest, and Mr. Chris Markell assumed the Chair. Ms. Dalton pointed out that there were letters of concern from neighbours included in the agenda. Mr. Annis provided background information. The Tenth Avenue property was a former meat market or convenience store for over 50 years. Mr. Annis advised that they wish to re-establish the original lot lines for the properties and move forward within the existing zoning. The properties do not comply with today s standards, but the intent is to construct a building on the lot that would be allowed under existing uses, both a dwelling and a business. Mr. Annis provided a concept plan showing two proposed dwellings with an attached commercial use, and explained that this would provide the opportunity for business and employment in the area. A report was received from the Grand River Conservation Authority. The zoning on Tenth Avenue is F-C7 and C7 on 50 Lida Street, and the properties are in a flood plain. The GRCA has no concerns with the proposal, as long as it stays within the guidelines. It was questioned if the applicant was in agreement with staff s recommendation for deferral. Mr. Annis felt that the application was complete, as the two independent properties have existed like this for years, and the original lot lines are simply being reestablished to start development. Mr. Annis advised that he spoke to several neighbours regarding the project, and they provided suggestions for commercial use. Ms. Dalton advised that the application was recommended for deferral in order for the applicant to provide a plan to show how the lands can be used for commercial purposes in accordance with the Zoning Bylaw. Currently the existing lot on the corner does not comply with the zoning, and the parking does not comply. It is not clear what commercial use would fit. Some of the C7 area could be used for additional parking and the required access. A 15 metre buffer is also required between commercial and residential uses. Ms. Dalton confirmed that if the application went forward, it would create two separate parcels that do not comply with todays standards relating to safety, parking, pedestrian traffic, etc. The site is in an older neighbourhood, and the standards have changed over time. David Reynolds of 41 Tenth Avenue explained that the neighbours held a meeting and are not opposed to construction on the lot, as long as they are informed of the use. Neighbours want to know if it will be a residential/commercial use on 50 Lida Street. The neighbourhood does not want to see commercial. The buffering zone that is required will limit what uses can be accommodated on the property. It is in a flood plain area. Mr. Reynolds pointed out that Erie toward Cockshutt has a new subdivision, and
Committee of Adjustment - Minutes Page 6 because it is in a flood plain, there are no basements and the dwellings are three stories high. A three story building would not be something the residents would want in this area. Mr. Reynolds questioned if there would be basements. He advised that he lives next door to the subject property, and the neighbours on the other side are also against a three storey structure. Mr. Reynolds questioned how two single family dwellings could be constructed on a lot of that size. A previous owner used the property at 45 Lida Street as a meat market, and it has an odour which may cause issues when renting. There has also been vandalism on the side of the building. Mr. Reynolds expressed concern about parking, as parking is at a premium, and a commercial use would make the situation worse. The neighbours would be happy to discuss the proposal with Mr. Annis and suggested a semi-detached home be built there. Ms. Dalton advised that staff are of the opinion that the application is incomplete and recommended deferral as an option to give the applicant the opportunity to come up with a plan to present to the committee that shows how the development of the lands would be in compliance with the Zoning Bylaw. This is a new development application and must comply with today s standards. Seconded by Mr. Dan Namisniak THAT Application B14/2014 BE DEFERRED. REASON: The application is considered incomplete. Additional information, including clarification from the applicant regarding the proposed uses and a plan detailing how the subject lands (both severed and retained parcels) comply with the requirements of the Zoning Bylaw is required. Paul Myers was opposed. Seconded by Mr. Dan Namisniak THAT Application A16/2014 to permit a reduction in the lot width, lot area and front yard setback for the retained lands and a reduction in the lot area for the severed lands BE DEFERRED. REASON: The application is considered incomplete. Additional information including clarification from the applicant regarding the proposed uses and a plan detailing how the subject lands (both severed and retained parcels) comply with the requirements of the Zoning Bylaw is required. Paul Myers was opposed. Ms. Wenda Allicock resumed the Chair.
Committee of Adjustment - Minutes Page 7 The committee and the applicant gave approval to move Application B15/2014 405 and 425 Park Road North to the end of the agenda. 4.6 30 Brant Avenue Variance Submission A19/2014 Applicant: John Huigenbos Agent: Samuel Jesse Wilson within Planning Staff Report CD2014-153 [copy of which is attached to and forms part of the Original Minutes]. The applicant was not present, as the application was being recommended for deferral. Ms. Dalton advised deferral because the application requires direction from Council in regard to the need for a Heritage Permit. Moved by Mr. Paul Myers Seconded by Mr. Chris Markell THAT Application A19/2014 to permit an accessory three car garage within the required front yard (Section 6.3.1.3.1 of Zoning Bylaw 160-90) BE DEFERRED until the October 21, 2014, Committee of Adjustment meeting. REASON: To give Council an opportunity to make a decision regarding the related application for a Heritage Permit within the Brant Avenue Heritage Conservation District. 4.7 333 King George Road Severance Submissions B16/2014 and B17/2014 Applicant: Applecore Investments Inc. within Planning Staff Report CD2014-154 [copy of which is attached to and forms part of the Original Minutes]. In attendance was Bob Phillips of J.H. Cohoon Engineering, 440 Hardy Road, Unit 1, Brantford. Mr. Phillips clarified they had no objection to the deferral. The lands within Part 5 are subject to development in the near future, and the applicant is proceeding with Site Plan Control approval. A traffic study has been completed, and there was no impact with respect to the proposed use. Seconded by Mr. Paul Myers
Committee of Adjustment - Minutes Page 8 THAT Application B16/2014 (Part 1) BE DEFERRED. REASON: The application is considered premature pending receipt of an Environmental Impact Assessment, Engineered Septic System Design and a concept plan showing how the lands to be severed could be developed. Moved by Mr. Jay Shewchuck Seconded by Chris Markell THAT Application B17/2014 (Part 5) BE APPROVED subject to the attached conditions in Appendix A. 1. Receipt of a registered reference plan showing the severed and retained parcel; 2. Receipt of payment to the City for cash-in-lieu of the 5% contribution of land for public purposes; 3. Receipt of confirmation that all taxes are paid up to date; 4. Receipt of confirmation that the applicant shall submit to the Secretary- Treasurer a draft of the Transfer deed for review (Upon registration a final copy of the Transfer deed shall be provided to the City); 5. That a Letter of Undertaking is provided from the applicant s solicitor ensuring that the easement will be registered on title for the properties; 6. Receipt of confirmation that all requirements of the Engineering Department have been addressed to the satisfaction of the General Manager of Engineering and Operational Services; 7. Receipt of confirmation that the Grand River Conservation Authority requirements have been met; 8. That the above conditions be fulfilled and the Certificate of Consent be issued on or before August 27, 2015, after which time the consent will lapse. REASON: The application is in conformity with the policies of Section 18.9 of the Official Plan respecting the creation of commercial lots within the City of Brantford. 4.8 24 Brooklyn Avenue Variance Submission A20/2014 Applicant: John Trevor Sharp
Committee of Adjustment - Minutes Page 9 within Planning Staff Report CD2014-155 [copy of which is attached to and forms part of the Original Minutes]. In attendance was Mike Quattrociochhi of Mayberry Homes, 32 Dunsdon Street, Brantford. Mr. Quattrociochhi advised that he concurred with the conditions in the staff report. The property is 800 square feet. There is no basement; it has a crawl space with only enough room for a furnace and a hot water tank. The applicant has a boat and motorcycles and is looking for more storage with additional space for a workshop with electricity to work on his vehicles. Moved by Mr. Paul Myers Seconded by Mr. Chris Markell THAT Application A20/2014 to permit an accessory building (garage) to be 6.83 m (22.4 ft) in height BE APPROVED subject to the following condition: 1. Receipt of correspondence from Traffic Engineering confirming that their requirements have been met prior to the issuance of a Building Permit. REASON: The variance is considered minor in nature, it is a desirable use of the lands and it is in keeping with the general intent and purpose of the Zoning Bylaw and Official Plan. 4.9 405 & 425 Park Road North Severance Submission B15/2014 Applicant: Revera Inc. Agent: Michael Stewart (Goodmans LLP) within Planning Staff Report CD2014-152 [copy of which is attached to and forms part of the Original Minutes]. The applicant was not present, as the application was being deferred. Councillor Debi Dignan-Rumble spoke on behalf of her uncle who resides in the apartments on the subject property. Several residents had questions regarding the application, and one resident came to the Planning Department regarding their concerns. Residents live independently at 405 Park Road North, and there is long term care at 425. This provides a continuum of care, and many residents live there for that reason. Residents at 405 Park Road can utilize services from the long term care such as meals, hairdressing, activities and transportation. Residents in the apartments are concerned they could lose the services if the property is split into separate parcels.
Committee of Adjustment - Minutes Page 10 A group of residents submitted a letter to Ms. Dalton and she contacted the applicant. The applicant phoned management, and a meeting was arranged. Another meeting will take place with the group tomorrow. A second letter was sent out to the entire building because people were not aware of the first letter, which caused confusion and concerns. Ms. Dalton advised that the applicant indicated they require two separate parcels in order to finance each individual property separately. They will provide a second application (that both parcels be severed, and at a later date, they will decide which one will be conveyed first). The application will be on the October Committee of Adjustment agenda. One property will be conveyed, and the other file will be closed. The applicant asked for deferral to come back with a second application. The application will be circulated again to provide time to address the concerns of the residents. The agent has indicated that residents will not lose any services, but this will be discussed with the residents at the meeting. Moved by Mr. Paul Myers Seconded by Mr. Chris Markell THAT Application B15/2014 BE DEFERRED at the request of the applicant and be rescheduled for the October 21, 2014 Committee Meeting. REASON: The applicant has indicated that a second application is necessary in order to facilitate the conveyance. Both applications will be re-circulated for the October 21, 2014 Committee meeting. Staff is in agreement with this request. 5. OLD BUSINESS There was no old business. 6. NEW BUSINESS There was no new business. 7. INFORMATION ITEMS 7.1 The Ontario Municipal Board hearing from 16 Riverview Drive will take place tomorrow. It was heard at the Committee of Adjustment in July and December of 2013. Staff recommended approval, and the Committee of Adjustment did not approve the application. It was then appealed by the applicant. 7.2 The OMB hearing for 94 Herbert Street will take place on November 5, 2014.
Committee of Adjustment - Minutes Page 11 7.3 The OMB hearing for 694 Colborne Street will take place on November 6, 2014. 7.4 The OMB hearing for 67 Waterloo Street will take place on November 7, 2014. All hearings will be held in the Council Chambers at 10:00 a.m. 8. NEXT MEETING Reminder: The next meeting of the Committee of Adjustment will be held on Wednesday, September 24, 2014 at 7:00 p.m. in the Council Chambers at 5:00 p.m. 9. ADJOURNMENT Moved by Mr. Chris Markell Seconded by Mr. Paul Myers THAT the meeting BE ADJOURNED. The meeting adjourned at 8:12 p.m. Wenda Allicock, Chairperson Danette Dalton, Secretary-Treasurer Chris Markell, Chairperson