Agenda
Committee of Adjustment
The Corporation of the City of Brampton

Meeting #:

Date:

Tuesday, October 04, 2022

Time:

9:00 A.m. - 3:00 P.m.

Location:

Hybrid Meeting - Virtual Option & In-Person in Council Chambers – 4th Floor – City Hall

Members:

• Ron Chatha (Chair)
• Desiree Doerfler (Vice-Chair)
• Ana Cristina Marques
• David Colp

The CoA meeting agenda, including minor variance and consent applications only, is published two Fridays prior to the scheduled Hearing date and the revised agenda, including staff reports and additional correspondence, etc. related to each application, is published the Friday prior to the scheduled Tuesday Hearing date.

NOTICE: In-person public attendance at the meeting may be limited due to prevailing public health gathering requirements. Public and other meeting participants are encouraged to observe meetings online or participate remotely by contacting the City Clerk’s Office through the contact details below.

 

For inquiries about this agenda, or to make arrangements for accessibility accommodations (some advance notice may be required), please contact:
Jeanie Myers, Secretary-Treasurer, Telephone [phone], [email protected]

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1.

Call to Order

2.

Adoption of Minutes

3.

Region of Peel Comments

4.

Declarations of Interest under the Municipal Conflict of Interest Act

5.

Withdrawals/Deferrals

6.

NEW CONSENT APPLICATIONS

6.1

B-2022-0012

ROBERT AND MAGDALENA LAMOUREUX, NORMAND AND ROSEMARIA LAMOUREUX

7593 CREDITVIEW ROAD

PART OF LOTS 1 AND 2, PLAN TOR 11, WARD 6

The purpose of the application is to request consent to sever a parcel of land currently having a total area of approximately 10,784.872 square metres (2.665 acres). The proposed severed lot has a frontage of approximately 6.8 metres (22.31 feet); a depth of approximately 256.75 metres (842.35 feet) and an area of approximately 9,977.294 square metres (2.465 acres). The effect of the application is to create a new lot for future residential development of a single detached dwelling.

Related Minor Variance Applications: A-2022-0280 & A-2022-0281 (Agenda Items 9.7 & 9.8)

7.

Request to Change Conditions of Provisional Consent

7.1

B-2021-0018

HARJINDER SINGH AND VIRAN SINGH

10417 AIRPORT ROAD

PART OF LOTS 12 AND 13, CONCESSION 7 N.D., WARD 10

Condition # 3 – A solicitor’s undertaking shall be received indicating that the “severed” land and the abutting land, being Block 174, Plan 43M-1449, shall be “merged” for Planning Act purposes at the time of the registration of the Transfer to which the Secretary-Treasurer’s Certificate is affixed.

 Request is to modify Condition # 3 to read as follows:

The owner register a s.118 restriction on the subject lands preventing the transfer or charge of the whole or any part of the lands (severed or retained) without the written consent of the Corporation of the City of Brampton and agrees that the City will only consent to the conveyance of the severed parcel that is the subject of this application to the registered owner of Block 174 on 43M-1449 and that the City will only consent to the release of the s.118 on the retained lands upon: the severed lands and Block 174 (the “Resultant Lot”) being in the same ownership and the owner of the Resultant Lot registering a s.118 on the Resultant Lot restricting the transfer or charge of anything less than the Resultant Lot without the City’s consent.

Related Consent Application: B-2021-0019 (Agenda Item 7.2)

7.2

B-2021-0019

HARJINDER SINGH AND VIRAN SINGH

10417 AIRPORT ROAD

PART OF LOTS 12 AND 13, CONCESSION 7 N.D., WARD 10

Condition # 3 – A solicitor’s undertaking shall be received indicating that the “severed” land and the abutting land, being Block 177, Plan 43M-1449, shall be “merged” for Planning Act purposes at the time of the registration of the Transfer to which the Secretary-Treasurer’s Certificate is affixed.

 Request is to modify Condition # 3 to read as follows:

The owner register a s.118 restriction on the subject lands preventing the transfer or charge of the whole or any part of the lands (severed or retained) without the written consent of the Corporation of the City of Brampton and agrees that the City will only consent to the conveyance of the severed parcel that is the subject of this application to the registered owner of Block 177 on 43M-1449 and that the City will only consent to the release of the s.118 on the retained lands upon: the severed lands and Block 177 (the “Resultant Lot”) being in the same ownership and the owner of the Resultant Lot registering a s.118 on the Resultant Lot restricting the transfer or charge of anything less than the Resultant Lot without the City’s consent.

Related Consent Application: B-2021-0018 (Agenda Item 7.1)

8.

DEFERRED CONSENT APPLICATIONS

9.

NEW MINOR VARIANCE APPLICATIONS

9.1

A-2022-0062

STEFAN LOUT AND CONSTANCE LOUT

1 ISABELLA STREET

LOT 13, PLAN BR-8, WARD 1

The applicants are requesting the following variance(s):

1. To permit an interior side yard setback of 1.3m (4.27 ft.) to a proposed building addition whereas the by-law requires a minimum interior side yard setback of 1.8m (5.91 ft.);
2. To permit a rear yard setback of 5.4m (17.72 ft.) to a proposed building addition whereas the by-law requires a minimum rear yard setback of 7.5m (24.60 ft.);
3. To permit lot coverage of 36.4% whereas the by-la permits a maximum lot coverage of 30%.

9.2

A-2022-0251

MEET PATEL AND KRUPA PATEL

84 ALLEGRO DRIVE

PART OF LOT 60, PLAN 43M-1931, PARTS 17 AND 18, PLAN 43R-36089, WARD 4

The applicants are requesting the following variance(s):

1. To permit an exterior stairway leading to a below grade entrance in the required interior side yard whereas the by-law does not permit exterior stairways constructed below established grade in the required interior side yard;
2. To permit an interior side yard setback of 0.15m (0.49 ft.) to the exterior stairway leading to a below grade entrance whereas the by-law requires a minimum interior side yard setback of 1.2m (3.94 ft.);
3. To permit a deck encroachment of 4.23m (13.88 ft.) into the required rear yard setback resulting in a rear yard setback of 2.77m (9.09 ft.) whereas the by-law permits a maximum deck encroachment of 1.8m (5.91 ft.) resulting in a rear yard setback of 5.2m (17.06 ft.).

9.3

A-2022-0276

GRAZYNA ZAJAC AND STANISLAW ZAJAC

2670 EMBLETON ROAD

PART OF LOT 1, PLAN 310, WARD 6

The applicants are requesting the following variance(s):

1. To permit a side yard setback of 4.42m (14.50 ft.) to an existing one storey addition whereas the by-law requires a minimum side yard setback of 7.5m (24.60 ft.);
2. To permit a ground floor area of 138.5 square metres whereas the by-law requires a minimum ground floor area of 170 square metres for a one storey building;
3. To permit a side yard setback of 0.36m (1.18 ft.) to an existing accessory structure (pool cabana) whereas the by-law requires a minimum setback of 1.2m (3.94 ft.) to the nearest lot line;
4. To permit an existing accessory structure (pool cabana) with a gross floor area of 30.6 sq. m (329.38 sq. ft.) whereas the by-law permits a maximum gross floor area of 23 sq. m (247.60 sq. ft.) for an individual accessory structure;
5. To permit an existing garage door height of 2.85m (9.35 ft.) whereas the by-law permits a maximum garage door height of 2.4m (7.87 ft.);
6. To permit an existing detached garage height of 5.57m (18.27 ft.) whereas the by-law permits a maximum building height of 4.5m (14.76 ft.);
7. To permit a gross floor area of 74.9 sq. m (806.22 sq. ft.) for an existing detached garage with a proposed attached accessory structure (gazebo) whereas the by-law permits a maximum gross floor area of 48 sq. m (516.67 sq. ft.);
8. To permit two (2) accessory structures (cabana and shed) with a combined gross floor area of 44.8 sq. m (482.22 sq. ft.) whereas the by-law permits a maximum combined gross floor area of 40 sq. m (430.56 sq. ft.).

9.4

A-2022-0277

POLICARPIO TAYAG JR AND MARILOU LINA

32 HALLEN ROAD

LOT 358, PLAN M-426, WARD 4

The applicants are requesting the following variance(s):

1. To permit a driveway width of 7.7m (25.26 ft.) whereas the by-law permits a maximum driveway width of 6.71m (22 ft.).

9.5

A-2022-0278

BALWINDER SINGH AND RAINA BADHAN

23 GULFBROOK CIRCLE

PART OF LOT 24, PLAN 43M-1880, PART 7, PLAN 43M-1880, WARD 2

The applicants are requesting the following variance(s):

1. To permit a below grade entrance between the main wall of a dwelling and the flankage lot line whereas the by-law prohibits below grade entrances between the main wall of a dwelling and a flankage lot line;
2. To permit an exterior side yard setback of 1.95m (6.40 ft.) to a proposed below grade entrance whereas the by-law requires a minimum exterior side yard setback of 3.0m (9.84 ft.);
3. To permit an existing driveway width of 5.31m (17.42 ft.) whereas the by-law permits a maximum driveway width of 5.2m (17 ft.);
4. To permit a 3.52m (11.55 ft.) separation distance between a driveway and the point of intersection of two streets whereas the by-law requires a minimum 6.0m (19.68 ft.) separation distance between a driveway and projected point of intersection of two streets. 

9.6

A-2022-0279

JAGNARINE SOBHARAM AND NANDRANIE SOBHARAM

13 HEDGESON COURT

PART OF BLOCK A, PLAN 954, PART 13, PLAN 43R-1614, WARD 7

The applicants are requesting the following variance(s):

1. To vary Schedule C, Section 126 of the by-law to permit an existing one storey addition in the font yard   whereas the by-law requires that all buildings and structures be constructed in accordance with Schedule C, Section 126 to the by-law;
2. To vary Schedule C, Section 126 of the by-law to permit an existing open-roofed porch located outside the approved building envelope whereas the by-law  requires that all buildings and structures be constructed in accordance with Schedule C, Section 126 to the by-law;
3. To permit lot coverage of 45% whereas the by-law permits a maximum lot coverage of 30%;
4. To permit an existing accessory structure (shed) having a side yard setback of 0.4m (1.31 ft.) whereas the by-law requires a minimum setback of 0.6m (1.97 ft.) for an accessory structure to the nearest property lines.

9.7

A-2022-0280

ROBERT AND MAGDALENA LAMOUREUX, NORMAND AND ROSEMARIA LAMOUREUX

7593 CREDITVIEW ROAD

PART OF LOTS 1 AND 2, PLAN TOR 11, WARD 6

The applicants are requesting the following variance(s) associated with the proposed severed parcel under consent application B-2022-0012:

1. To permit a lot width of 6.8 metres whereas the by-law requires a minimum lot width of 30 metres;
2. To permit a side yard setback of 5.02m (16.47 ft.) whereas the by-law requires a minimum side yard setback of 7.5m (24.60 ft.);
3. To permit an accessory structure (existing frame shed) having side yard setbacks of 1.0m (3.28 ft.) and 0.0m whereas the by-law requires a minimum setback of 1.2m (3.94 ft.) to the nearest lot line for an accessory structure;
4. To permit two (2) accessory structures in the front yard whereas the by-law prohibits accessory structures in the front yard;
5. To permit two (2) accessory structures with individual sizes of 50.22 sq. m (540.56 sq. ft.) and 98.87 sq. m (1,064.23 sq. ft.) for a combined area of 149.09 sq. m (1,604.79 sq. ft.) whereas the by-law permits an individual accessory structure with a maximum area of 23 sq. m (247.57 sq. ft.) and a maximum combined area of 40 sq. m (430.56 sq. ft.).

Related Consent Application: B-2022-0012 (Agenda Item 6.1)

9.8

A-2022-0281

ROBERT AND MAGDALENA LAMOUREUX, NORMAND AND ROSEMARIA LAMOUREUX

7593 CREDITVIEW ROAD

PART OF LOTS 1 AND 2, PLAN TOR 11, WARD 6

The applicants are requesting the following variance(s) associated with the proposed retained parcel under consent application B-2022-0012:

1. To permit a lot width of 14.43 metres whereas the by-law requires a minimum lot width of 30 metres;
2. To permit a lot area of 807.578 square metres whereas the by-law requires a minimum lot area of 1,350 square metres;
3. To permit a side yard setback of 4.8m (15.75 ft.) whereas the by-law requires a minimum side yard setback of 7.5m (24.60 ft.);
4. To permit 57% of the front yard area as landscaped open space whereas the by-law requires a minimum of 70% of the front yard area to be landscaped open space;
5. To provide a floor space index of 0.2 whereas the by-law permits a maximum floor space index of 0.17.
6. To permit an existing accessory structure (bar) having a setback of 0.1m (0.33 ft.) to the nearest lot line  whereas the by-law requires a minimum setback of 1.2m (3.94 ft.) to the nearest lot line for an accessory structure;
7. To permit an existing accessory structure (gazebo) having a setback of 0.9m (2.95 ft.) to the nearest lot line whereas the by-law requires a minimum setback of 1.2m (3.94 ft.) to the nearest lot line for an accessory structure.

Related Consent Application: B-2022-0012 (Agenda Item 6.1) 

9.9

A-2022-0282

SHARON BENNETTT AND EDGAR BENNETT

7 FAWSON COVE WAY

PART OF LOT 495, PLAN 43M-1691, PART 43, PLAN 43R-30971, WARD 9

The applicants are requesting the following variance(s):

1. To permit an exterior stairway leading to a below grade entrance in the required interior side yard whereas the by-law does not permit exterior stairways constructed below established grade in the required interior side yard;
2. To permit an interior side yard setback of 0.28m (0.92 ft.) to an exterior stairway leading to a below grade entrance whereas the by-law requires a minimum interior side yard setback of 1.2m (3.94 ft.);
3. To permit an accessory structure (shed) having rear and side yard setbacks of 0.2m (0.66 ft.) whereas the by-law requires a minimum setback of 0.6m (1.97 ft.) for an accessory structure to the nearest property lines.

9.10

A-2022-0283

BHOLA JADUNANDAN AND DAIAWANTIE JADUNANDAN

19 CASPER CRESCENT

LOT 78, PLAN M-786, WARD 3

The applicants are requesting the following variance(s):

1. To permit a below grade entrance between the main wall of a dwelling and the flankage lot line whereas the by-law prohibits below grade entrances between the main wall of a dwelling and a flankage lot line;
2. To permit an exterior side yard setback of 2.47m (8.10 ft.) to a proposed below grade entrance whereas the by-law requires a minimum exterior side yard setback of 3.0m (9.84 ft.);
3. To permit a driveway width of 9.0m (29.53 ft.) whereas the by-law permits a maximum driveway width of 6.71m (22 ft.);
4. To permit 0.1m (0.33 ft.) of permeable landscaping between the driveway and the side lot line whereas the by-law requires a minimum of 0.6m (1.97 ft.) of permeable landscaping between the driveway and the side lot line.
5. To permit a minimum separation distance of 5.1m (16.73 ft.)  to a driveway from the projected point of intersection of two streets whereas the by-law requires a minimum separation distance of 6.0m (19.68 ft.) between a driveway and the projected point of intersection of two streets.

9.11

A-2022-0284

RAYMAN ALILAIN AND IVY ALILAIN

22 WILLOW HEIGHTS

LOT 32, PLAN M-1398, WARD 9

The applicants are requesting the following variance(s):

1. To permit a rear yard setback of 4.88m (16 ft.) to a proposed one storey sunroom addition whereas the by-law requires a minimum rear yard setback of 7.5m (24.60 ft.).

9.12

A-2022-0285

KAMALDEEP ARORA AND RABINDER ARORA

31 NEWBRIDGE CRESCENT

PART OF LOT 104, PLAN M-338, PART 3, PLAN 43R-10957, WARD 7

The applicants are requesting the following variance(s):

1. To permit a 1.01m (3.31 ft.) path of travel leading from the front of the property to the principle entrance for a second unit whereas the by-law requires a minimum unencumbered side yard width of 1.2m (3.94 ft.) be provided as a path of travel from the front yard to the entrance for a second unit;
2. To permit an exterior stairway leading to a below grade entrance in the required interior side yard whereas the by-law does not permit exterior stairways constructed below established grade in the required interior side yard;
3. To permit an interior side yard setback of 1.0m (3.28 ft.) to the exterior stairway leading to a below grade entrance whereas the by-law requires a minimum interior side yard setback of 1.2m (3.94 ft.);
4. To permit a fence height of 2.29m (7.51 ft.) along an existing deck whereas the by-law permits a maximum fence height of 2.0m (6.56 ft.).

9.13

A-2022-0286

IMANJIT SINGH DHALIWAL

35 MINNA TRAIL

LOT 158, PLAN 43M-2022, WARD 6

The applicants are requesting the following variance(s):

1. To permit a below grade entrance between the main wall of a dwelling and the flankage lot line whereas the by-law does not permit a below grade entrance between the main wall of a dwelling and the flankage lot line.

9.14

A-2022-0287

SURESH SHARMA AND SUNDER SEEMA SHARMA

33 FOUR SEASONS CIRCLE

LOT 89, PLAN M-1424, WARD 6

The applicants are requesting the following variance(s):

1. To permit a 0.72m (2.36 ft.) path of travel leading to the principle entrance for a second unit whereas the by-law requires a minimum unencumbered side yard width of 1.2m (3.94 ft.) be provided as a path of travel from the front yard to the entrance for a second unit;
2. To permit an existing above grade side door in the side wall where a minimum side yard width of   0.72m (2.36 ft.) is provided extending from the front wall of the dwelling up to and including the door, whereas the by-law does not permit a door in the side wall unless there is a minimum side yard width of 1.2m (3.94 ft.) setback extending from the front wall of the dwelling up to and including the door;
3. To permit an existing driveway width of 6.99m (22.93 ft.) whereas the by-law permits a maximum driveway width of 6.71m (22 ft.);
4. To permit an existing fence in the rear yard having a maximum height of 2.03m (6.66 ft.) whereas the by-law permits a maximum fence height of 2.0m (6.56 ft.).

9.15

A-2022-0288

HARPREET LUTHRA AND PARMINDER LUTHRA

42 LEONE LANE

LOT 21, PLAN M-287, WARD 10

The applicants are requesting the following variance(s):

1. To permit a garage door height of 3.05m (10 ft.) whereas the by-law permits a maximum garage door height of 2.4m (7.87 ft.);
2. To permit a building height of 15.10m (49.54 ft.) whereas the by-law permits a maximum building height of 10.6m (34.78 ft.);
3. To permit a front yard landscaped open space area of 60.70% whereas the by-law requires a minimum landscaped open space area of 70% of the front yard;
4. To permit a fence in the required front yard having a maximum height of 1.8m (5.91 ft.) whereas the by-law permits a maximum height of 1.0m (3.28 ft.) for a fence within a required front yard;
5. To permit two (2) accessory structures (shed and gazebo) with a combined gross floor area of 59.9 sq. m (644.76 sq. ft.) whereas the by-law permits two (2) accessory structures with a maximum combined gross floor area of 40 sq. m (430.56 sq. ft.);
6. To permit an accessory structure (gazebo) with a gross floor area of 41.82 sq. m (450.15 sq. ft.) whereas the by-law permits a maximum gross floor area of 23 sq. m (247.57 sq. ft.) for an individual accessory structure;
7. To permit an accessory structure (gazebo) with a maximum building height of 4.66m (15.29 ft.) whereas the by-law permits a maximum height of 4.5m (14.76 ft.) for an accessory structure.

9.16

A-2022-0289

DHIREN MEHTA AND BEENA MEHTA

4 OLIVIA MARIE ROAD

LOT 45, PLAN 43M-1721, WARD 4

The applicants are requesting the following variance(s):

1. To permit a driveway width of 9.2m (30.18 ft.) whereas the by-law permits a maximum driveway width of 6.71m (22 ft.).

9.17

A-2022-0290

INDERPREET SINGH SHOKAR, AMANDEEP SINGH SHOKAR, NEHA JAIN AND SHIKHA BEDI

6 OLIVIA MARIE ROAD

LOT 46, PLAN 43M-1721, WARD 4

The applicants are requesting the following variance(s):

1. To permit a driveway width of 9.78m (32.09 ft.) whereas the by-law permits a maximum driveway width of 6.71m (22 ft.).

9.18

A-2022-0291

MEENAKSHI SAINI AND RAJINDER SAINI

39 KELWAYS CIRCLE

LOT 37, PLAN 43M-1836, WARD 8

The applicants are requesting the following variance(s):

1. To permit an exterior stairway leading to a below grade entrance between the main wall of a dwelling and the flankage lot line whereas the by-law does not permit exterior stairways constructed below established grade between the main wall of a dwelling and the flankage lot line.

10.

DEFERRED MINOR VARIANCE APPLICATIONS

10.1

A-2022-0248

JACK SZYDLOWSKI AND JOHANNA SZYDLOWSKI

6 BIRD AVENUE

LOT BLOCK A, PLAN BR-24, WARD 1

The applicants are requesting the following variance(s):

1. To permit a roof to encroach 6.04m (19.82 ft.) into the rear yard, resulting in a rear yard setback of 1.46m (4.80 ft.) whereas the by-law permits a roof to encroach a maximum of 2.0m (6.56 ft.), resulting in a rear yard setback of 5.5m (18.04 ft.).

11.

Adjournment