Agenda
Committee of Adjustment
The Corporation of the City of Brampton

Meeting #:

Date:

Tuesday, April 18, 2023

Time:

9:00 A.m. - 1:00 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

Letter dated March 28, 2023 from Bhaskar Joshi, Out Of The Box Engineering Inc., advising that application A-2022-0341 is withdrawn.

6.

NEW CONSENT APPLICATIONS

6.1

B-2023-0008

1552262 ONTARIO INC.

0 ACE DRIVE

PART OF BLOCK 3, PLAN 43M-1907, WARD 9

The purpose of the application is to request consent to sever a parcel of land currently having a total area of approximately 2.96 hectares (7.33 acres). The proposed severed lot has a frontage of approximately 33.48 metres (109.84 feet); a depth of approximately 175.88 metres (577.03 feet) and an area of approximately 0.54 hectares (1.34 acres). It is proposed that the severed parcel be merged with the adjacent parcel to the north. (Concurrent Consent Application B-2023-0009)

6.2

B-2023-0009

1552262 ONTARIO INC.

0 ACE DRIVE

PART OF BLOCK 2, PLAN 43M-1907, WARD 9

The purpose of the application is to request consent to sever a parcel of land currently having a total area of approximately 2.21 hectares (5.46 acres). The proposed severed lot has a frontage of 70.8 metres (232.28 feet); a depth of approximately 133.94 metres (439.43 feet) and an area of approximately 1.05 hectares (2.60 acres). No new development is contemplated at this time. (Concurrent Consent Application B-2023-0008)

6.3

B-2023-0010

WILLOW CEDAR ESTATES INC.

150-160 YELLOW AVENS BOULEVARD

BLOCK 4, PLAN 43M-1716, WARD 10

The purpose of the application is to request the consent of the Committee of Adjustment for a lease in excess of 21 years. The land to be leased has a frontage of approximately 25.903 metres (84.98 feet), a depth of approximately 33.686 metres (110.52 feet) and an area of approximately 719.56 square metres (0.178 acres), occupied by a commercial building (bank of Nova Scotia). The effect of the application is to facilitate a long term lease (in excess of 21 years) between the owner of the lands, Willow Cedar Estates Inc. and The Bank of Nova Scotia.

6.4

B-2023-0011

LINK CHARITY CANADA INC.

7780 CREDITVIEW ROAD

PART OF LOT 14, CONCESSION 4 WHS, WARD 6

The purpose of the application is to request consent to sever a parcel of land currently having a total area of approximately 28,257 square metres (2.83 hectares); together with an easement for shared driveway access and underground servicing. The proposed severed lot has a depth of approximately 45.21 metres (148.33 feet) and an area of approximately 0.409 hectares (1.01 acres). The effect of the application is to create two additional lots for residential purposes resulting in a total of three lots, including the retained lot. The two new lots are depicted as Lot 2a, currently occupied by a single detached dwelling and Lot 2b where future residential development is proposed. (Concurrent Consent Application B-2023-0012)

Related Minor Variance Applications: A-2023-0072 & A-2023-0073 (Agenda Items 8.11 & 8.12)

6.5

B-2023-0012

LINK CHARITY CANADA INC.

7780 CREDITVIEW ROAD

PART OF LOT 14, CONCESSION 4 WHS, WARD 6

The purpose of the application is to request consent to sever a parcel of land currently having a total area of approximately 28,257 square metres (2.83 hectares); together with an easement for shared driveway access and underground servicing. The proposed severed lot has a depth of approximately 45.21 metres (148.33 feet)) and an area of approximately 0.1665 hectares (0.41 acres). The effect of the application is to create a new lot depicted as Lot 2b for future residential purposes. (Concurrent Consent Application B-2023-0011)

Related Minor Variance Applications: A-2023-0072 & A-2023-0073 (Agenda Items 8.11 & 8.12)

7.

DEFERRED CONSENT APPLICATIONS

8.

NEW MINOR VARIANCE APPLICATIONS

8.1

A-2022-0211

ROGERS COMMUNICATION INC. 

8200 DIXIE ROAD

PART OF BLOCK A, PLAN 640, PARTS 1 TO 4, PLAN 43R-38385, WARD 3

The applicant is proposing development of the site with an industrial warehouse and is requesting the following variance(s):

1. To permit a warehouse whereas the by-law does not permit the proposed use;
2. To permit outside storage whereas the by-law does not permit the proposed use;
3. To permit a gross floor area of 132,200 square metres whereas the by-law permits a maximum gross floor area of 96,100 square metres.

8.2

A-2022-0404

MOHIT GUPTA AND PREETY GUPTA

75 HOLLOWGROVE BOULEVARD

LOT 1, PLAN 43M-2027, WARD 10

The applicants are requesting the following variance(s):

1. To permit a driveway width of 7.54m (24.74 ft.) whereas the by-law permits a maximum driveway width of 6.71m (22 ft.);
2. To permit 0.0m of permeable landscaping abutting the property line whereas the by-law requires a minimum 0.6m (1.97 ft.) of permeable landscaping abutting the property line.

8.3

A-2023-0064

FRANK BISOGNO AND GENNARO BISOGNO

37 FENTON WAY

LOT 54, PLAN M-304, WARD 10

The applicants are requesting the following variance(s):

1. To permit a detached garage in addition to an attached garage whereas the by-law only permits a detached garage or an attached garage;
2. To permit a detached garage having a gross floor area of 199.44 sq. m (2,146.75 sq. ft.) whereas the by-law permits a detached garage having a maximum gross floor area of 48 sq. m (516.67 sq. ft.);
3. To permit a detached garage having a building height of 8.86m (29.07 ft.) whereas the by-law permits a detached garage having a maximum building height of  4.5m (14.76 ft.);
4. To permit habitable space on the second level of a detached garage (installation of a washroom) whereas the by-law does not permit habitable space in a detached garage.

8.4

A-2023-0065

WAHEGURU EMPIRE INC.

2 LOWRY DRIVE

PART OF BLOCK O, PLAN M-286, PARTS 1, 2, PLAN 43R-22070, WARD 2

The applicant is requesting the following variance(s):

1. To permit a place of commercial recreation (basketball/badminton courts) as a permitted use whereas the by-law does not permit a place of commercial recreation.

8.5

A-2023-0066

MAYANK ADALJA AND SHILPA ADALJA 

47 PURPLE SAGE DRIVE

LOT 37, PLAN 43M-2092, WARD 8

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 below grade entrances between the main wall of the dwelling and the flankage lot line;
2. To permit an exterior side yard setback of 1.8m (5.91 ft) to a below grade entrance whereas the by-law requires a minimum exterior side yard setback of 3.0m (9.84 ft.).

8.6

A-2023-0067

GURDEV SINGH

7 BLACKSTONE RIVER DRIVE

LOT 70, PLAN 43M-1946, WARD 9

The applicant is 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 0.25m (0.82 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.).

8.7

A-2023-0068

IJAZ HUSSAIN AND FARKHANDA IJAZ 

12 CANIS STREET

LOT 29, PLAN 43M-1849, WARD 5

The applicants are requesting the following variance(s):

1. To permit a proposed below grade entrance in the required interior side yard having a setback of 0.2m (0.66 ft.) whereas the by-law requires a minimum 0.3m (0.98 ft.) setback to a below grade entrance in a required side yard where a continuous side yard width of not less than 1.2m (3.94 ft.) is provided on the opposite side of the dwelling.

8.8

A-2023-0069

MOHAMMAD MATIN AND TANIA SULTANA

7 JEMIMA ROAD

LOT 128, PLAN 43M-2022, WARD 6

The applicants are requesting the following variance(s):

1. To permit an above grade door in the side wall where a minimum side yard width of 0.62m (2.03 ft) is provided extending from the front wall of the dwelling up to 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.) extending from the front wall of the dwelling up to and including the door;
2. To permit 0.0m of permeable landscaping between the driveway and the side lot whereas the by-law requires a minimum of 0.6m (1.97 ft.) of permeable landscaping between the driveway and the side lot line;
3. To permit a step for a side entrance having a setback of .37m (1.21 ft)  whereas the by-law requires any steps to a side entrance to have a minimum setback of 0.9m (2.95 ft.) to an interior side lot line.

8.9

A-2023-0070

LUKE QUINN

12 CRAIG STREET

PART OF BLOCK C, PLAN BR-30, PART 1, PLAN 43R-4978, WARD 3

The applicants are requesting the following variance(s):

1. To permit an interior side yard setback of 1.25m (4.10 ft) to a second storey addition whereas the by-law requires a minimum interior side yard setback of 1.8m (5.91 ft.) to a second storey;
2. To permit lot coverage of 39.2% whereas the by-law permits a maximum lot coverage of 30%.

8.10

A-2023-0071

HERNANI OLIVERIA AND ASHLEY MARISA MACEDO MOREIRA

85 WOODWARD AVENUE

PART OF BLOCK F AND PART OF LOTS 15 AND 16, PLAN BR-26, WARD 1

The applicants are requesting the following variance(s):

1. To permit a side yard setback of 1.22m (4 ft) to a second storey addition whereas the by-law requires a minimum interior side yard setback of 1.2m (3.94 ft) to the first storey, or part thereof, plus 0.6m (1.97 ft) fro each additional storey;
2. To permit lot coverage of 35% whereas the by-law permits a maximum lot coverage of 30%;
3. To permit a fence in the front yard having a maximum height of 1.83m (6 ft) whereas the by-law permits a maximum height of 1m (3.3 ft) fro a fence in the front yard.

8.11

A-2023-0072

LINK CHARITY CANADA INC.

7780 CREDITVIEW ROAD

PART OF LOT 14, CONCESSION 4 WHS, WARD 6

The applicant is requesting the following variance(s) associated with Consent Application B-2023-0011:

1. To permit a lot width of 3.66 metres whereas the by-law requires a minimum lot width of 30 metres;
2. To permit a side yard setback of 2 metres whereas the by-law requires a minimum a side yard setback of 7.5 metres.

Related Consent Applications: B-2023-0011 & B-2023-0012  (Agenda Item 6.4 & 6.5)

8.12

A-2023-0073

LINK CHARITY CANADA INC.

7780 CREDITVIEW ROAD

PART OF LOT 14, CONCESSION 4 WHS, WARD 6

The applicant is requesting the following variance(s) associated with Consent Application B-2023-0012:

1. To permit no frontage onto a public street whereas the by-law requires a lot to have frontage onto a public street;
2. To permit a rear yard setback of 8.3 metres whereas the by-law requires a minimum rear yard setback of 12 metres.
3. To permit a rear yard setback of 8.3 metres whereas the by-law requires a minimum rear yard setback of 12 metres.

Related Consent Applications: B-2023-0011 & B-2023-0012  (Agenda Item 6.4 & 6.5)

8.13

A-2023-0074

ANDREJ KANCZUGA AND DANUTA KANCZUGA

108 RIVER ROAD

PART OF LOT 6, CONCESSION 5 WHS, WARD 6

The applicants are requesting the following variance(s):

1. To permit a 4.15m (13.62 ft) side yard setback to a proposed addition (sunroom) whereas the by-law requires a minimum side yard setback of 7.5m (24.60 ft.).

8.14

A-2023-0075

VEEPAL SINGH DHUGGA AND RAMANDEEP KAUR DHUGGA

31 LEONE LANE

LOT 26, PLAN M-287, WARD 10

The applicants are requesting the following variance(s):

1. To permit a building height of 11.3m (37.07 ft) whereas the by-law permits a maximum building height of 10.6m (34.78 ft.).

8.15

A-2023-0076

KULWARANJIT SINGH DHUGGA AND KULDEEP KAUR DHUGGA

1 BELLINI AVENUE

LOT 18, PLAN M-232, WARD 10

The applicants are requesting the following variance(s):

1. To permit a building height of 11.3m (37.07 ft) whereas the by-law permits a maximum building height of 10.6m (34.78 ft.).

8.16

A-2023-0077

SYED ABBAS

29 BANNER ROAD

LOT 171, PLAN M-1076, WARD 5

The applicant is requesting the following variance(s):

1. To permit a below grade entrance within a required side yard whereas the by-law does not permit a below grade entrance within a required side yard;
2. To permit an interior side yard setback of 0.0m whereas the by-law requires a minimum interior side yard setback of 0.3m (0.98 ft.).

8.17

A-2023-0078

BUSHRA AMIR

2231 EMBLETON ROAD

PART OF LOT 5, CONCESSION 5 WHS, PARTS 1 AND 3, PLAN 43R-27848, WARD 6

The applicant is requesting the following variance(s):

1. To permit a 10.5m (34.45 ft) front yard setback to a proposed dwelling whereas the by-law requires a minimum front yard setback of 12.0m (40 ft);
2. To permit a minimum 5.0m (16.40 ft) side yard setback to a proposed dwelling whereas the by-law requires a minimum side yard setback of 7.5m (24.60 ft.).

8.18

A-2023-0079

KUSUM BAHL

72 ARTHURS CRESCENT

LOT 28, PLAN M-41, WARD 4

The applicant is requesting the following variance(s):

1. To permit an as-built above grade side door having an interior side yard setback of 0.94m (3.08 ft.) whereas the by-law requires a minimum setback of 1.2m (3.94 ft.) from an interior side yard to an above grade door;
2. To permit a 0.94m (3.08 ft.) path of travel leading to the primary entrance to a second unit whereas the by-law requires an unencumbered side yard with of 1.2m (3.94 ft.) to be provided as a path of travel from the front yard to the entrance to the second unit;
3. To permit a driveway width of 6.81m (22.34 ft) whereas the by-law permits a maximum driveway width of 5.56m (18.24 ft.).

8.19

A-2023-0080

MUHAMMAD ADIL KHAN AND ANEELA KHAN

10 VANDERBRINK DRIVE

LOT 101, PLAN M-1691, WARD 9

The applicants are requesting the following variance(s):

1. To permit an as-built  above grade side door having an interior side yard setback of 0.66m (2.17 ft) whereas the by-law requires a minimum interior side yard setback of 1.2m (3.94 ft.) extending from the front wall of the dwelling, up to and including the door;
2. To permit a driveway width of 8.66m (28.41 ft whereas the by-law permits a maximum driveway width of 6.71m (22 ft).

8.20

A-2023-0081

2732594 ONTARIO INC.

316 ORENDA ROAD

PART OF BLOCK  A, PLAN 636, PARTS 1, 2, PLAN 43R-11024, WARD 7

The applicants are requesting the following variance(s):

1. To permit a motor vehicle sales establishment as a permitted use whereas the by-law does not permit a motor vehicle sales establishment;
2. To provide 100 parking spaces whereas the by-law requires a minimum of 169 parking spaces.

8.21

A-2023-0082

THE CORPORATION OF THE CITY OF BRAMPTON

8950 MCLAUGHLIN ROAD SOUTH

PART OF LOTS 4 AND 5, CONCESSION 2 WHS, WARD 4

The applicant is requesting the following variance(s):

1. To permit a hydro transformer with an exterior side yard setback of 6.34m (20.80 ft) whereas the by-law requires a minimum exterior side yard setback of 7.9m (25.92 ft);
2. To permit a generator with an interior side yard setback of 3.74m (12.27 ft) whereas the by-law requires a minimum interior side yard setback of 7.9m (25.92 ft.);
3. To permit a building height of 4 storeys for a proposed long term care facility whereas the by-law permits a maximum building height of 3 storeys;
4. To permit loading spaces with no access to a street whereas the by-law requires loading spaces to be  accessible from a street;
5. To permit parking spaces with no access to a street whereas the by-law requires parking spaces to be accessible from a street;
6. To permit a rear yard setback of 3.71m (12.17 ft) whereas the by-law requires a minimum rear yard setback of 7.9m (25.92 ft);
7. To permit an interior side yard setback of 4.17m (13.68 ft.) whereas the by-law requires a minimum interior side yard setback of 7.5m (24.60 ft);
8. To permit lot coverage of 33.93% whereas the by-law permits a maximum lot coverage of 33.3%.

8.22

A-2023-0083

ANIL GUPTA AND ANITA GUPTA

98 SUNNY MEADOW BOULEVARD

LOT 81, PLAN M-1262, WARD 9

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 below grade entrances between the main wall of the dwelling and the flankage lot line;
2. To permit an exterior side yard setback of 2.02m (6.63 ft.) to a below grade entrance whereas the by-law requires a minimum exterior side yard setback of 3.0m (9.84 ft.).

8.23

A-2023-0084

KAMLESH PARMAR AND NIKITA PARMAR

52 ESKER DRIVE

LOT 48, PLAN M-537, WARD 2

The applicants are requesting the following variance(s):

1. To permit a deck encroachment of 3.48m (11.42 ft) into the required rear yard, resulting in a rear yard setback of 4.52m (14.83 ft) whereas the by-aw permits a maximum deck encroachment of 3.0m (9.84 ft), resulting in a rear yard setback of 5.0m (16.40 ft);
2. To permit an interior side yard setback of 0.432m (1.42 ft.) to an as-built deck whereas the by-law requires a minimum interior side yard setback of 1.2m (3.94 ft.).

8.24

A-2023-0085

RISHI BEDI AND RUCHI BEDI

37 PROVOST TRAIL

LOT 87, PLAN 43M-2015, WARD 6

The applicants are requesting the following variance(s):

1. To permit a deck encroachment of 4.0m (13.12 ft) into the required rear yard, resulting in a rear yard setback of 3.5m (11.48 ft) whereas the by-aw permits a maximum deck encroachment of 3.0m (9.84 ft), resulting in a rear yard setback of 4.5m (14.76 ft);
2. To permit a driveway width of 6.81m (22.34 ft) whereas the by-law permits a maximum driveway width of 6.71m (22 ft).

8.25

A-2023-0086

PAWAN KUMAR AND BALVINDER KUMAR

8 ALLEGRO DRIVE

LOT 60, PLAN M-1944, WARD 4

The applicants are requesting the following variance(s):

1. To permit a deck encroachment of 3.17m (10.40 ft) into the required rear yard, resulting in a rear yard setback of 4.33m (14.21 ft) whereas the by-law permits a maximum deck encroachment of 1.8m (5.91 ft) resulting in a rear yard setback of 5.7m (18.70 ft).

8.26

A-2023-0087

GURVIR GREWAL AND GURJOT GREWAL

6 DUMFRIES AVENUE

LOT 228, PLAN M-608, WARD 2

The applicants are requesting the following variance(s):

1. To permit an above grade door in the side wall where a minimum side yard width of 0.99m (3.25 ft) is provided extending from the front wall of the dwelling up to and including the door whereas the by-law does not permit an above grade side door in the side wall unless the minimum side yard width of 1.2m (3.94 ft.) extending from the front wall of the dwelling up to and including the door is maintained;
2. To permit a 0.99m (3.25 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.

8.27

A-2023-0088

KUMARAN DAYALAN AND NISHADEVI KUMARAN

159 BUFFORD DRIVE

LOT 20, PLAN M-1627, WARD 3

The applicants are requesting the following variance(s):

1. To permit a below grade entrance in a required side yard whereas the by-law does not permit a below grade entrance to be located in a required interior side yard;
2. To permit an interior side yard setback of 0.0m to a below grade entrance whereas the by-law requires a minimum interior side yard setback of 1.2m (3.94 ft.).

9.

DEFERRED MINOR VARIANCE APPLICATIONS

9.1

A-2022-0158

2466482 ONTARIO INC.

26 BRAMSTEELE ROAD

PART OF LOT 1, CONCESSION 2 E.H.S, WARD 3

The applicant is requesting the following variance(s): 

1. To permit a motor vehicle sales establishment whereas the by-law does not permit a motor vehicle sales establishment;
2. To permit 39 parking spaces (including 6 tandem parking spaces) whereas the by-law requires a minimum of 50 parking spaces.

9.2

A-2022-0327

PUSHKAR CHAVAN AND VAISHAKHI CHAVAN

43 ELYSIAN FIELDS CIRCLE

LOT 36, PLAN 43M-2015, WARD 6

The applicants are requesting the following variance(s):

1. To permit an above grade door in the side wall where a minimum side yard width of 0.66m (2.17 ft.) is provided extending from the front wall of the dwelling up to 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.) extending from the front wall of the dwelling up to and including the door;
2. To permit a 0.4m (1.31 ft.) setback to an existing accessory structure (gazebo) whereas the by-law requires a minimum setback of 0.6m (1.97 ft.) to the nearest lot lines for an accessory structure;
3. To provide 0.0m of permeable landscaping abutting the side property line whereas the by-law requires a minimum 0.6m (1.97 ft.) wide permeable landscape strip abutting the side property line;
4. To permit a driveway width of 8.56m (28.08 ft.) whereas the by-law permits a maximum driveway width of 6.71m (22 ft.).

9.3

A-2022-0375

HARMESH BRAR AND MANJOTPREET BRAR

8 ELDERBANK COURT

LOT 4, PLAN M-565, WARD 2

The applicants are requesting the following variance(s):

1. To permit a proposed below grade entrance in the interior side yard having a setback of 0.05m (0.16 ft.) whereas the by law requires a minimum setback of 0.3m (0.98 ft.) to a below grade entrance in a required side yard provided there is a continuous 1.2m (3.94 ft.) side yard on the opposite side of the dwelling.

9.4

A-2023-0008

UMAIR ZAHID

50 CALEDON CRECENT

LOT 217, PLAN 695, WARD 3

The applicant is requesting the following variance(s):

1. To permit a side yard setback of 1.3m (4.27 ft.) to the second storey whereas the by-law requires a minimum side yard setback of 1.8m (5.91 ft.);
2. To permit a balcony encroachment in the side yard having a setback of 1.52m (5.0 ft.) whereas the by-law does not permit a balcony in the side yard;
3. To permit a driveway width of 7.37m (24.18 ft.) whereas the by-law permits a maximum driveway width of 7.32m (24 ft.);
4. To permit 0.3m (0.98 ft.) permeable landscape strip whereas the by-law requires a minimum 0.6m (1.97 ft.) permeable landscape strip.

9.5

A-2023-0042

DANTE LIMBAGA AND FRANCIS LIMBAGA

96 RUTHERFORD ROAD NORTH

LOT 529, PLAN 889, WARD 1

The applicants are requesting the following variance(s):

1. To permit a rear yard setback of 7.49m (24.57 ft.) whereas the by-law requires a minimum rear yard setback of 8.48m (27.82 ft.);
2. To permit a driveway width of 7.74m (25.39 ft.) whereas the by-law permits a maximum driveway width of 7.32m (24 ft.).

10.

Adjournment