Revised minor variance application for 9 Garden Avenue seeks approval for higher density and reduced parking

Just the Facts: 

● The updated proposal for 9 Garden Avenue seeks to develop 45 stacked townhouse units, with a requested minor variance for a minimum lot area of 115 square metres per unit and a parking ratio of 1.25 spaces per unit. 

● The development plan includes 57 parking spaces, which falls short of the minimum requirement of 1.5 spaces per unit, necessitating a total of 68 spaces for the proposed units, thus requiring a minor variance. 

● City staff previously recommended refusal for the earlier application, stating that the requested variances did not align with the intent and purpose of the Zoning By-law. However, they are now recommending approval for the current application, acknowledging that the revised proposals better align with zoning requirements. 

BRANTFORD — The property located at 9 Garden Avenue is the subject of a revised minor variance application submitted by 1000147958 Ontario Inc., seeking to modify the development parameters of the site. 

The proposed changes are aimed at increasing the density and adjusting the parking ratio while addressing variances from existing zoning regulations. 

The subject lands, designated as “Residential” in the Official Plan and zoned “Residential Medium Density Type A Zone – Special Exception 79 (R4A-79),” were previously rezoned in 2022 to permit the development of 33 stacked townhouse units with several site-specific provisions. 

These provisions included adjustments to minimum lot area per unit, lot width, maximum lot coverage, building height, front and rear yard setbacks, minimum gross floor area (GFA) per unit, and minimum amenity space. 

In 2023, a further minor variance was approved, allowing a reduction in the minimum GFA per unit to 153 square metres, facilitating the development of 35 units. 

The site received conditional site plan approval in 2024 for a concept plan that proposed a total of 51 stacked townhouse units. 

The revised minor variance application, A32-2024, was initially presented to the Committee of Adjustment on July 3, 2024. 

The applicant initially proposed a minimum lot area of 102 square metres per unit and a parking ratio of 1.11 spaces per unit, which was recommended for refusal by city staff. 

The refusal was based on the assessment that the requested variances did not align with the intent and purpose of the Zoning By-law and were not considered minor in nature. Following this recommendation, the applicant revised their application. 

The revised proposal now seeks a minimum lot area of 115 square metres per unit and a parking ratio of 1.25 spaces per unit. The total number of units has been reduced from 51 to 45. 

The revised plan includes 57 parking spaces, resulting in a parking ratio of 1.25 spaces per unit, which aligns with the proposed zoning requirements under the draft Zoning By-law. 

However, this parking ratio remains below the minimum requirement of 1.5 spaces per unit as stipulated by the existing by-law, which would necessitate 68 parking spaces for the proposed 45 units. 

The proposed reduction in the minimum lot area from the required 153 square metres per unit to 115 square metres per unit allows the development to be 1,530 square metres smaller than what would typically be permitted under the current zoning. 

Despite the reduction in lot area, the building footprint remains unchanged from the previous application, as the additional units are planned to be situated within the basement of the townhouse blocks. 

The revised density for the site is 86.37 units per hectare. In terms of amenity space, the proposed development exceeds the minimum requirement by approximately 4.75 square metres per unit. 

The building height is within the zoning requirements, with the proposed structures not exceeding three storeys. City planning staff have revised their recommendation in light of the new proposal. 

The staff now recommend that the minor variance application be approved, acknowledging that the revised variances align more closely with the general intent and purpose of the Official Plan and Zoning By-law. 

The approval would allow for a minimum lot area of 115 square metres per unit and a parking ratio of 1.25 spaces per unit despite the deviations from the standard requirements. 

The application will proceed to the Committee of Adjustment for final consideration. If approved, the proposed changes will facilitate the development of 45 stacked townhouse units on the 9 Garden Avenue site, with modifications to the minimum lot area and parking ratios.