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Committee Approves Three Variance Applications - 25 May 26

Kingston · May 26, 2026

Okay, we'll go ahead and get started. Welcome to our committee of adjustment for May 2025. Members of the public with a particular interest in any application, it's important that you fill the sign out sheets that are located at the back of the room on the right as you enter. And while all of you are silencing your cell phones, I will read the following statutory notice. The notice of decisions for the applications we review this evening will only be forwarded to those who have presented a written request for the decision. Furthermore, a formal request is necessary to be advised of a possible OLT hearing on these matters. In order to be allowed to make a presentation to the Ontario Land Tribunal. Now for those of you following along at home, if you'd like to be notified of any decisions or appeals that may result, please send an email to our secretary treasurer, Lindsay Staman. Her email address is on the screen. And be sure to include your full name, the file number of the application. And you will be included on that list. So for those of you who are new to committee adjustment, and I do notice some new faces tonight, I'd like to share with you the five part format that I use as we navigate through the applications this evening. So when the first part, I'll start by introducing the application. So if you are the applicant or the agent, I'll invite you to come to any microphone speakers area to my right when we recognise you by name. We'll ask you to turn the mic on, state your full name for the record, and then you'll have an opportunity to present anything further with the application or to make specific requests of the committee. In the next step, step number two, I'll invite members of the committee to ask questions of either the applicant or staff. I'll open the public portion of the meeting where members of the public can line up to any speakers area to my left where there is a microphone. When we recognise you, I'll ask you to state your full name for the record. Ask your question or make your comment in respect of the application. If you are following along remotely, we would ask that you raise your hand in these Zoom application. And once we recognise you, you'll have an opportunity to state your name and as well make your case or ask your question in respect of the application. 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. So on that respect, we will be recording your questions in your comments, and it's only after I close the public portion of the meeting. Will the questions and comments be addressed by the applicant their agent or staff? I'll be calling three times for public comments before I close the public portion. And as a housekeeping issue, all speakers will be allowed up to five minutes to speak. And I'll be giving you a notice at the four minute mark that your time is coming up. Then we move on to the fourth step. And that's where we give the applicant their agent or staff an opportunity to address the public comments. And then we move on to the fifth and final step, which is where I turn the meeting back over to our committee. Somebody will make a motion. We will deliberate in public forum, deliberate on the application. And then we will make our ultimate decision. After that's done, you will be dismissed. And then we go back up to the top and we go back to our step number one. So that's it in a nutshell. So at this point, I'd like to call on Allison, our committee clerk to confirm quorum, Allison. Thank you. And through you, Mr. Chair, I can confirm that we do have Corum, regrets who received this evening from Ken Dakin. Very good. Thank you for that. So on that note, I'd like to call the meeting to order at 534 PM. And I'll refer all committee members to the agenda as amended. So there was an addendum that went out this afternoon with revised agenda. So that's what we're looking at. So can I call for somebody to move the acceptance of the amended agenda? So moved by Vincent. And seconded by Jordan. And any discussion. So all in favor, raise your physical hands. And that is unanimously carried. Thank you. Okay, now we have. Confirmation of the minutes of the previous meeting of the April 20th meeting be approved. Can I have somebody move that those be accepted. So moved by Lisa. And seconded by. Gary, thank you, Gary. Any discussion on that? So all in favor, region, physical hands. And that is unanimously carried. Thank you. Are there any disclosures of pecuniary interests this evening. I'm seeing shaking heads. Jordan. I wouldn't call it a pecuniary interest, but I don't think I should be involved in the first application. The owners are friend of mine. Good friend of mine. So I'd like to. Okay. I mean separate from that. Thank you. So you'll just mute your camera when, okay. And then my, okay, thank you very much. Any other disclosures of pecuniary interest. And I'm seeing none. Okay. Are there any requests for deferral? I don't believe we have any. So we do have a returning deferred item. However, we're going to move on to our first new business item because it deals with the deferral. And that's the application for minor variants for 20 Nelson's. No, 141 king. Yeah. That might be bad. 141 king. Um, so do we have the applicant of the agent here. Yeah. And Lindsay, I'll have you introduce that into the record, please. Through you, Mr. Chair. Uh, 8. 1 is a supplemental report for an application for Minor variants at 141 King Street East. The file number is D13012 2026. And it is to permit a hot tub within the setback from the east interior plot line. I'll also note that tonight's addendum contains one letter of concern regarding this application. Great. Thank you. And yes, welcome to our committee meeting. I'll have you state your name, please. Thank you. And through the chair. Good evening. My name is Kelsey Jones. And I'm a planner with Foten Planning and Design here this evening with The Applicant Ben Pilon with BPE development. Very good. Thank you. And welcome. Is there anything further you want to add to the application? There is. And I appreciate the opportunity. Um, so I understand that we are back from, um, Last Man's meeting regarding this, uh, application. So I would just like to start by emphasizing that the minor variance application we submitted was related to the location of the hot tub, um, in the courtyard. And the relief that we are seeking is to reduce the setback, uh, from 1. 5 metres to 0. 5 metres to that side lot line. So the hot tub itself is a permitted use and it is permitted on the property. And following the previous meeting at the request of committee members, the structural engineer and the architect for the project did re - review the proposal in light of some of the comments and concerns that were raised by Mr. Lockheed. So they have confirmed that the hot tub in its proposed location 0. 5 metres from the lot line. Will not result in any structural issues or structural impacts to the adjacent property. Thought tub is built on its own footings and does not tie into or rely on the adjacent property, uh, for structural support. It will not experience any life safety or safety concerns from falling ice or snow. Um, and I do acknowledge, um, and have reviewed the additional letter provided by Mr. Lockheed for this evening's meeting. Um, and note that the connecting roof value that he mentions. It's located above a portion of the, uh, adjacent existing roof, um, which would help to collect and direct any snow or ice from that valley portion onto the neighbouring, uh, roof. Um, the potential steam generated from the hot tub won't have a quantified difference in any potential impacts, uh, based on the one metre sepac reduction that we're seeking. There are no drainage concerns. Um, as the HAT tub is reinforced with commercial waterproofing systems, uh, additives to the concrete. So it's also connected to the stormwater and drainage system for the larger courtyard, um, which empties into an eight inch combined sanitary ensure lateral for the property. Um, so overall, both the structural engineer and the architect were confident that there's no structural drainage moisture or safety concerns as a result of the proposed SEPOC reduction. And also just to, just to note that the, the intent of the minimum setback is to retain appropriate space around the hot tub, both from maintenance and emergency access, um, as well as to provide a minimum buffer to mitigate, um, against potential loss of privacy or potential for intrusive overlook. And despite the CEPOP reduction that we are seeking, um, the, uh, access for both maintenance and emergency services provided within the courtyard for the hot tub. And through the combination of the inducing concrete wall, the elevation, the lower elevation of the HATB within the courtyard as well as the presence of the elevated stairs and the patios in the courtyard, um, the lack of windows on the south face of the adjacent dwelling. All of those combined will assist with, um, alleviating any potential loss of privacy or intrusive overlook concerns. So, um, you know, it's my professional opinion that the, the SEPP reduction that we are seeking is appropriate, um, and continues to meet the four tests for a minor variance. Being meeting the purpose and intent of the official plan, zone in bylaw being minor in nature and being appropriate, uh, for the development of the property. So, um, hope this addresses the concerns race, but certainly happy to exist with answering any further questions this evening. Very good. Thanks so much for that detail. Committee members, do you have any questions for the applicant or staff. On this. I'm not seeing anybody jump. So what we'll do is go to open up the public portion of the meeting. Do we have any members of the public with us in house or online this evening, wishing to speak to the application for one four, one King Street East. Please raise your hands. If you're in house or raise your hand on Zoom, if you were following online. Public. Gallery. Okay. I'll call, we only have one person in the public gallery. So and nobody in house is raising their hand. I'll call one more time, um, does anybody in - house or online wish to speak to the application for one four, one King Street East. Please raise your physical hand if you're in house or virtual hand if online. And I am seeing shaking heads null. So I don't see anybody. So we'll close the public portion of the meeting and come back to the committee for, uh, motion and discussion. Somebody want to move. So move by Lisa and seconded by Psalmnath. Any discussion. I'm seeing no discussion. So we'll go right to a vote. All in favor, uh, of the application, raise your physical hand. So one, two, three, four, five, four, and opposed. And one opposed. So five to one. So the motion carries. Thank you very much. And that covers the two A. We're good. Okay. All right. Next piece of business is a application for. Where are we here? 329 division street. Lindsay, can you read this into the record, please. Through you, Mr. Chair, this is an application for permission at 329 Division Street. The file number is D13 013 2026. And it is to permit a seventh residential unit within the existing residential building. Great. Thank you very much. And if you were the applicant of like, have you state your name, uh, for the record, please. My name is Sheila McMurran. I am, um, and that I'm representing my husband, Tyler MacMoan, um, for 329 Division Street. Hopefully I can answer all the questions that anybody would like to ask me. But it is for the application for permission for registering for a seventh unit on the building. I'll just have you pull the microphone a little closer to your mouth. Yeah. Sorry. That's good. Thank you. Uh, so anything for the toad? Nope. No, that's good. Okay. Thank you and welcome. Committee members, do you have any questions for the applicant or staff. None. So I'll open the public portion of the meeting. Do we have members of the public with us this evening wishing to speak to the application for three, two, nine Division Street. Please raise your physical hands. Or if you're following online, raise your virtual hand in Zoom. And I'll call one second time. If anybody is with us in house or online, which we speak to the application for 329 Division Street, please raise your physical hands or your virtual hens in Zoom. I'm seeing none. So I'll close the public portion of the meeting and come back to the committee for a motion. So move by Vincent and seconded by Lisa. Any discussion. So all in favor, raise your physical hands. And that is unanimously carried. Thank you. Thank you very much. Our next application is number three, which is for minor variants, 20 Nelson Street. Lindsay, can you read this into the record, please? Through you, Mr. Chair, this is an application for Minor variants at 20 Nelson Street. The file number is D13016 2026. And it is to convert the existing garage into an accessory house. Tonight's addendum contains both a letter of concern and an updated exhibit A for this application. The updated exhibit A makes modifications to conditions number two to request a grading plan and condition number three to request an updated concept plan that will demonstrate zone compliant rear parking. Very good. Thank you. And, uh, have you state your name for the record, please? Hello and through the chair. My name is Nolan Atterbury. I'm a planner at Foten Planning and Design and I'm here with my colleague, Kelsey Jones, who's a senior planner at Foten Planning Design. Uh, I'm here tonight on behalf of the applicant. Okay. And is there anything further you want to add to the application. Um, nothing further. I have reviewed the staff report and agree with staff's recommendations. I have also reviewed the public comments on this file. Um, if there are any questions from committee members or the public, I'd be happy to assist SAF and answering. Very good. Thank you. Committee members. Do you have any questions for the applicant or staff? Vincent. Um, hello. Yeah. So I reviewed the communications and stuff. And so some of the things was, um, about the fence. There was, will defence be fully replaced. Thank you. And, uh, through the chair, um, the applicant is currently exploring options to modify or completely replace the fence. Um, the applicant is aware that the fence along the northern side lot line is currently, um, off of his property line. Um, so that will be corrected through this application. Um, and I can confirm that the privacy fence on the northern and southern side lot lines, uh, will comply with the privacy fencing requirements of the zoning bylaw. Okay. And, um, I. Ended up talking to some people and then that. There was some modifications done in the back for the parking already. Is that true where there was some stone put down where and then it may have added more to run off onto neighbouring properties by doing so. Is that something that was done. Uh, thank you. Through the chair, I believe that the applicant, uh, built the rear parking area in the past, uh, perhaps around 2021. Um, so the rear parking area is existing. I will add on to that question to note that the city staff have recommended a condition of minor variants approval that a grading plan be submitted. Um, for building permits to ensure that the grading of the property will not negatively impact neighbouring properties, particularly the neighbouring property to the north. And this grading plan will also be required to address the existing rear parking area. So if any stormwater management controls are required to address the stormwater runoff from that rear parking area, uh, they will be addressed through the building permit process and shown on the grading plan to be reviewed by the city's development engineering staff. Okay. And, uh, final question. Um, so the parking in the back, um, I've heard concerns about lights shining into bedrooms. Is that something that can be mitigated. Through the chair, um, yes, the, the privacy and lighting concerns with respect to the rear yard parking, uh, will be effectively mitigated through the 1. 8 metre privacy fence, which is required to be provided along the entirety of the northern side lot line. Uh, and although this application is seeking relief to not provide a privacy fence along the southern lot line, the applicant is proposing a short fence and landscaping along the front of the existing parking area to further mitigate concerns related to lighting, uh, from parked vehicles and from, for privacy concerns. Uh, so I believe that 1. 8 metre high fence will be sufficient to block any light from cars, uh, in the rear yard. Okay. Thank you. Thank you for that. Any other questions from other committee members. I am seeing non - solid. Open up the public portion of the meeting. Do we have any members of the public with us this evening wishing to speak to the application for 20 Nelson Street? Uh, if you could raise your hands, uh, in - house or raise your virtual hand online. Okay. I do see one in Zoom. So if you could, um, unmute yourself and then state your name for the record, please. Hi. My name is Trina Garrison. Uh, welcome Trina. Is there anything further you would like to add to the application. Um. No. I think upon speaking to the Council, I made it, uh, evident that we weren't concerned about the number of bedrooms, although I understand that may be an issue. Um, 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. So I heard them talking about submitting grading plans, but I'm not sure what the proposed correction would be in that regard. Um, it's noted in the application that, uh, the proposal at Counting Nelson is in a high sensitivity, uh, area as far as water is concerned. And, um, we already have water being diverted on to us. And it results in athling in our property back here at 22 Nelson Street as well as in the basement. Uh, so I am quite concerned that I'm not so sure that any mitigation that's proposed by any changes in the property, particularly with regard to adding, um, more dwellings. I mean, obviously the more sidewalks and buildings that are put on at the Labs absorption factor, we will have. So it's a major concern to us. Okay. Anything else, Trina. Um, no, I think defensing has been addressed. So if they're going to fix it, stand to dock and moving on to their own property. Okay. Um, that would be wonderful. That's a positive. Um, other than that, I don't think there's anything else. Okay. Thanks very much for your comments. Uh, so moving on, do we have any other members of the public wishing to speak to the application for 20 Nelson Street? Raise your hands if you're in house or virtual hand online. And I see nones while close of public portion of the meeting and come back to the applicant and to staff to address some of these comments. I think most notably about the front and rear, uh, elevations trapping water. Through you, Mr. Chairs. So through the addendum to the conditions of approval, um, they will be required to submit that grading plan. Um, through that submission, they'll be looking to demonstrate that the proposed grading, uh, will not adversely affect adjacent properties. Um, and we've also requested through that condition that they have to address previously constructed granular parking area with stormwater controls being included as required. So through the building permit process, our stormwater management team will have a chance to review that and determine that there would be no adverse impacts on the adjacent property. Very good. Thank you for that. Okay. All right. So at that, um, I guess we'll come back to the committee for emotion. Somebody like to move. So move by Doug and seconded by Jordan. Any discussion. Yes. Vincent. Yeah. So I'm never a fan of skipping from having two knits. And then having already having eight and then trying to get the one where you need four to get the extra. So I've especially in this district because there's a problem with parking in cars and, you know, the only three spots for, for three units. But having said that as long as I think that if this does go through and they can mitigate the water and then fix the fence and then improve the situation that would kind of like. Ease it on me. So I just want a confirmation from staff if this means that a hundred percent this will be better than what it is now as far as water, um, once they submit the grading plan. Three of you, Mr. Chair. 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. Um, the current situation as well is what's proposed. So, um, that will allow us an opportunity to kind of assess the impacts on the adjacent property and ensure that there aren't any, any adverse impacts coming from. The development and the current, uh, the current grading. Okay. Thank you. Okay. Very good. Any other comments from committee members. None. Okay. So, um, we'd go for a vote. All in favor, raise your physical hands. And one, two, yeah. Okay. So we've got. Six, four and u4. Okay. So a unanimously carried then. Thank you very much. Our next application is for item number four. On the agenda application for Minor variants, 31 Fergus Street. Lindsay, can you read this into the record, please? Through you, Mr. Chair. This is an application for Minor variance at 31 Birgus Street. The file number is D13076 2025. And it is to reduce the interior setback, reduce the eVE setback. Reduce rear privacy fencing and reduce vehicle parking in order to accommodate the conversion of an accessory building to an accessory house containing a one bedroom residential unit. And also to reduce setbacks and increase lock coverage to recognise the location of an existing rear deck. Very good. Thank you. And you're the applicant. To help your state your name, please, for the record. I'm Gary Lee's, one of the residents and family members, uh, 31 Fergus Street. Okay. Welcome to our meeting. Is there anything further you'd like to add. This time? No. Okay. Committee members. Do you have any questions for the applicant or for staff. And I see none. So I'll open up the public portion of the meeting. Do we have any members of the public with us this evening wishing to speak to the application for 31 Fergus Street? Please raise your physical hand or virtual hand if you are on Zoom. And we have nobody in the online gallery. So I'll call one last time. Do we have anybody in - house wishing to speak to the application for 31 Ferguson Street? Please raise your physical hands. And I see non - solid close - up public portion of the meeting and come back to the committee for a motion. So moved by Jordan and seconded by Vincent. And any discussion. There is none. So all in favor, raise your physical hands. And that is unanimously carried. Thank you. All right. That was our last piece of business. So we have no other business. There were two pieces of correspondence that came in with the addendum. Those are shown in, uh, agenda item number 10. And our next agenda item is the date of the next meeting, which is June 15th at 5. 30 PM. And so at this point, we're looking for a motion to adjourn. So it moved by Vincent and seconded by Lisa. Uh, all in favor, raise your physical hands. And that's unanimously carried. The meeting is adjourned at 559 PM. Thanks, everybody. And we'll see you in three weeks.