Committee of Adjustment Meeting — May 2025

The Committee of Adjustment met in May 2025, beginning at 5:34 p.m. with quorum confirmed; Ken Dakin sent regrets. Members reviewed several minor variance applications, including 141 King Street East, 329 Division Street, 20 Nelson Street, and 31 Fergus Street. The committee approved the applications at 141 King Street East, 20 Nelson Street, and 31 Fergus Street. Discussion focused on public participation rules, drainage and grading, privacy fencing, and whether proposed residential changes met the test for minor variances. The next meeting was scheduled for June 15 at 5:30 p.m.

Topics Discussed

1. Public participation and appeal procedures

At the opening of the meeting, the committee outlined participation rules. Public speakers would be called three times and each speaker was limited to five minutes, with a warning at the four-minute mark. The chair told attendees, "It's important to understand that during the public portion of the meeting, our purpose is to gather the public input. We do not encourage a two-way dialogue." Residents were also told to fill out sign-in sheets if they had an interest in an application and to email Secretary Treasurer Lindsay Staman with their full name and file number to receive notice of decisions or possible Ontario Land Tribunal hearings. A formal written request is required to make a presentation to the tribunal.

2. 141 King Street East hot tub setback variance

The committee considered File D13012 2026 for 141 King Street East, a minor variance application to permit a hot tub within the setback from the east interior lot line, reducing the required setback from 1.5 metres to 0.5 metres. Planner Kelsey Jones of Foten Planning and Design, representing applicant Ben Pilon with BPE Development, responded to a neighbour's concerns about safety and drainage. She said the hot tub would not create structural impacts on the adjacent property and would not pose "life safety or safety concerns from falling ice or snow." She also said there were no drainage concerns because the hot tub is connected to the courtyard stormwater system. Jordan recused himself before the item, saying, "I wouldn't call it a pecuniary interest, but I don't think I should be involved in the first application. The owners are friends of mine. Good friend of mine." The application was approved on a 5-1 vote.

3. 329 Division Street seventh unit proposal

The committee heard File D13 013 2026 for 329 Division Street, an application seeking permission to register a seventh residential unit in an existing building. Sheila McMurran told the committee, "It is for the application for permission for registering for a seventh unit on the building." No members of the public spoke during the public comment period. The notes provided do not record a decision on this application.

4. 20 Nelson Street accessory house conversion

The committee approved File D13016 2026 for 20 Nelson Street, allowing the conversion of an existing garage into an accessory house. Discussion centered on drainage, grading, and fencing. Neighbour Trina Garrison said runoff from the site was already affecting her property at 22 Nelson Street: "The elevation at both the front and the rear of the property are such that the water trapped in has nowhere to go, but onto the property at 22 Nelson Street." She added that water diversion was causing pooling in the yard and in the basement.

Staff said no grading plan was on file for the existing parking situation and that the application would trigger a review. A staff member said, "So currently we did not have a grading plan on file for the existing parking situation. So this will provide us an opportunity to be reviewing that." On fencing, Kelsey Jones said the applicant knew the fence on the northern side lot line was off the property line and that it would be corrected through the application. She added that privacy fences on the northern and southern side lot lines would comply with the zoning bylaw. The application received unanimous approval.

5. 31 Fergus Street accessory dwelling approval

The committee unanimously approved File D13076 2025 for 31 Fergus Street, permitting the conversion of an accessory building into a one-bedroom residential unit. The approval recognized reduced interior setbacks, reduced eave setbacks, reduced rear privacy fencing, reduced vehicle parking, and increased deck coverage for an existing rear deck. Staff said the application would also allow review of grading and drainage conditions affecting neighbouring properties. Referring to the lack of an existing grading plan, staff said, "This will provide us an opportunity to be reviewing that," so the city could assess impacts on adjacent properties through the permit process. The vote was recorded as 6-0.

Motions

• 141 King Street East minor variance application — Passed, 5-1
• 20 Nelson Street minor variance application (File D13016 2026) — Passed unanimously
• 31 Fergus Street minor variance application (File D13076 2025) — Passed unanimously, 6-0

Attendees

• Ken Dakin — regrets
• Jordan — present; recused himself from the first application
• Vincent — present

The notes provided do not include a complete attendance list of all committee members present.