Townhall Tracker

Committee Approves Multiple Variance Applications - 17 Aug 26

Kingston · AI-assisted summary by Claude and Parth · Published

Committee of Adjustment Meeting Minutes

The Committee of Adjustment approved its agenda and July 20 minutes, then heard several minor variance applications. A proposal at 184 Ordinance Street was approved without opposition. Members also heard a contested application for exterior stairs at 4336 Bath Road, where a neighbour argued the stairs were a convenience rather than a necessity and questioned whether the notice matched the relief sought; the committee approved the request. Other approved items included 32 Simcoe Street, 322 Queen Street, and applications tied to 820-830 Gardiners Road.

Topics Discussed

1. Meeting procedure and public participation

At the opening of the meeting, the Chair outlined the process for each application and reminded residents that comments would be heard during the public portion. The Chair said, "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."

2. How residents can request decisions and appeal information

The Chair said anyone seeking official notice of a decision, or notice of a possible Ontario Land Tribunal hearing, must submit a written request to the committee's secretary-treasurer with their name and file number.

3. 184 Ordinance Street approved

For 184 Ordinance Street (File No. D13034-2026), applicant Ali Jacob sought variances related to a porch replacement and parking area. Jacob told the committee, "I am constructing a porch on the side of my home, replace an existing porch that was there in the original structure. We're asking to add an area to pull a vehicle in, in particular, to be able to plug in, because we would like an electric vehicle to occupy this space." The application was approved.

4. 4336 Bath Road exterior stairs application

The application for 4336 Bath Road concerned a request to permit exterior stairs closer to the lot line than the zoning bylaw allows.

Committee member Ken questioned whether the application sought the right form of relief, saying, "The Clause 4.19.3 and the zoning bylaw refers to exterior stairs, including their guards and landings that are not required by the Building Code Act. When I read that, my first question was, well, is the applicant seeking the correct variance if these stairs are not required by the Building Code Act."

The applicant said the stairs were intended to make the property easier to use over time: "So we looked at and said we really should have a set of stairs. Now everything we do to take down to the backyard, we take in through the house, down through the stairs, out to the backyard... as we get older and it's our intent to age in place in that house."

Neighbour Sabina Islam opposed the request, arguing the stairs were optional: "Want vs. Need. Their staircase is not a necessity. If it was, they would have designed their house with a staircase in mind from the beginning."

Staff member Malcolm said the notice remained valid even though it allowed some flexibility in the measurements: "The notice is still acceptable under the Planning Act in our opinion because it overnotices the request." The committee approved the application.

5. Other development applications heard and approved

The committee also dealt with several other applications:

  • 32 Simcoe Street (File No. D13014-2026): approved for a detached garage at the rear of the property as part of a rowhouse garage plan involving 32, 36 and 40 Simcoe Street.
  • 322 Queen Street (File No. D13043-2026): planning staff described it as "an application for Minor variance at 322 Queen Street... to permit the conversion of the commercial unit in the existing building to a two bedroom apartment for a total of eight dwelling units." The application was approved.
  • 820-830 Gardiners Road (File Nos. D10009-2026 and D13019-2026): the committee considered requests related to parking, balconies, front-yard parking, small-car spaces, one-side obstruction parking, and amenity area. During discussion of future phases, Don Amos said, "In all likelihood, it probably will require zoning bylaw amendment because the site specific zoning that was put in place in 2023 was fairly specific to an apartment building and stacked townhouses." The application before the committee was approved.

Motions

  • Agenda as amended — passed
  • Confirmation of minutes from the July 20 meeting — passed
  • 184 Ordinance Street (File No. D13034-2026) — minor variance application approved
  • 4336 Bath Road — exterior stairs variance approved
  • 32 Simcoe Street (File No. D13014-2026) — minor variance application approved
  • 322 Queen Street (File No. D13043-2026) — minor variance application approved
  • 820-830 Gardiners Road (File Nos. D10009-2026 and D13019-2026) — application approved

Attendees

The materials identify the following members or speakers by name:

  • Ken
  • Lisa Osanic
  • Don Amos
  • Ali Jacob
  • Sabina Islam
  • Malcolm
  • Lindsay

Watch the source meeting · Read transcript