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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.