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Committee Approves Multiple Variance Applications - 17 Aug 26
Kingston · August 18, 2026
Okay, good evening everybody and welcome to Committee of Adjustment
for August 2026. So while you are all silencing your
cell phones, I'll use the opportunity to 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. And furthermore,
former request is necessary to be advised of a possible
Ontario Land Tribunal hearing on these matters. And in order
to be allowed to make a presentation to the Ontario
Land Tribunal, which is otherwise known as the OLT. Now,
for those of you following along at home, welcome. If
you would like to be notified of any of the
decisions, then please send an email with your name. To
our Secretary Treasurer Lindsayman. Her email address is up on
the screen. And please be sure to include your full
name. And more importantly, the file number of the application.
Now, for those of you who are new to committee
adjustment, either in Council Chambers or watching online, I'm going
to share with you the five part format I use
as we navigate through all of the applications this evening.
And the first part I'm going to start by introducing
the applications. So if you are the applicant and you
are in - house, I'm going to invite you to
come to a speaker's area over to my right to
any of the microphones. Once I recognise you, turn your
microphone on. I'll get you to state your name for
the record. And then you'll have an opportunity to add
anything further to the application. If you have nothing further
to add, simply say I have nothing further to add.
In the second step, I'll invite members of our committee
to ask questions of you or the applicant, the agent,
or staff. And then in the third step, I'll open
the public portion of the meeting. Now, during this session,
members of the public who are in - house can
raise their hand. And when I recognise you, I'll direct
you over to a speaker's area. You turn the mic
on, you say your name, and then you'll have an
opportunity to say your peace or ask your questions. Every
speaker will have up to five minutes. And as the
timekeeper, I will give a warning at four minute mark
so you can know to wrap up. It would be
helpful if speakers do not repeat the same points over
and over again. That is really not very helpful. We
only really need to hear each comment once. And during
this portion of the meeting, please don't expect an immediate
response to your comments or your questions. The process is
not to encourage a two - way dialogue. It's a
process for us to record your questions and comments. And
then when we close the public portion of the meeting,
uh, we turn the meeting back to the staff and
to the committee members to have those questions and answers
addressed to the best of their ability. And then the
committee uses all of that information to make it deliberation.
I'm going to call up to three times for public
comments before I close the public portion of the meeting.
Just to ensure everybody has fair chance and fair opportunities
to say their peace. In the fourth step, I'm going
to give the applicant their agent or staff an opportunity
to address those public comments and then in the fifth
and final step. I'll turn the meeting back over to
our committee members. We will put emotion on the board.
We will deliberate on that motion in a very public
forum. So you will hear our thoughts because we will
be speaking them. And then we have an ultimate vote
and we make our ultimate decision. And that's it for
application number one. And then I use the exact same
format for the remaining four applications we have this evening.
And that's pretty much about it. So at this point
I'm going to pass the mic over to Allison to
confirm quorum. Thank you. And through you, Mr. Chair, I
can confirm that we do have Corum, absynthesia. Great. Thank
you very much. And at that, I'll now call the
meeting to order at 534 PM. And I'll refer committee
members and anybody in the room to the agenda. Um,
committee members, you've had an opportunity to review the agenda.
There was an addendum that went out early this afternoon.
So, um, I'm going to be calling for, uh, a
motion to approve the agenda as amended. So moved by
Ken and second invite Doug. And any discussion. I see
none. So all in favor, raise your physical hands. And
that is unanimously carry. Thank you. Are there any disclosures
of pecuniary interests? Oh, I'm sorry. Um, uh, I have
to back up here. Iem number four on the agenda
is The Confirmation of the Minutes from the previous meeting
that was held on July 20th. Um, so committee members,
you've had an opportunity to review the agenda. Okay. Can
I call for a motion to approve? Okay. So moved
by Doug and seconded by Psalmnath. Any discussion. There is
none. So all in favor, raise your physical hands. And
that unanimously carried. Thank you very much. Are there any
disclosures of pecuniary interests this evening. I'm not seeing shaking
heads, so we must not have any. There are no
requests for deferral. We have no returning deferred items. And
now we are onto our first piece of new business,
which is an application for minor variants at 184 ordinance
street. Lindsay, can you read this into the record, please?
Through you, Mr. Chair, this is an application for minor
variants at 184 ordinance street. The file number is D13034
2026. And it is to construct and attach one story
carport and to expand the existing front stairs. Very good.
Thank you. And do we have the applicant to their
agent? Yes. You can make your way to any microphone.
And get yourself comfortable. And the little button at the
base. You press it, the microphone will go red. All
right. Now I'll get you to state your name for
the record, please. My name is Ali Jacob. Good. And
you can pull the mic right down to your mouth.
Okay. Great, great. And welcome. Is there anything further you
want to add to the application. Not maybe one small
thing. Um, I am constructing a porch on the side
of my, uh, home, uh, replace an existing porch that
was there. In the original structure. Um, we're asking to
add, um, an area to pull a vehicle in to,
in particular, to be able to plug in, because we
would like an electric vehicle to occupy this space. So
that's the only thing that's not in the, we're normally
in the paper, but otherwise that's that. And the second
thing would be, um, just the second part is for,
uh, an adjustment to bring my stairs at my front
of my house to my front door out a little
bit in order to just make some adjustments to that.
But I must rebuild them. They're falling apart. Okay. Very
good. All right. All right. Thanks for that committee members.
Do you have any questions for the applicant or staff.
I am seeing none. So what that will open the
public portion of the meeting. Do we have any members
of the public with us this evening online or in
- house who wish to speak to the application for
184 ordinance street? Please raise your physical hands if you're
in - house or your virtual hand, if you are
on Zoom. Okay. So we have nobody in the public
gallery interested in this. And then house wishing to speak
to this application. So I'll close a public portion of
the meeting. And I'll turn it back to the committee
for a motion. So moved by Ken and seconded by
SOMNA. And any discussion. Okay. So all in favor raise
your physical hands. And that is unanimously carry. That's that.
All right. Thank you. All right. Our next application is
number two on the agenda. Um, application reminder variants 436
Bath Road. Lindsay, can you read this into the record
please? Through you, Mr. Chair. This is an application for
minor variants at 4336 bath Road. The file number is
D13 040 2026. It is to permit exterior stairs with
reduced interior setback and reduced water body separation distance. I'll
also note that the addendum contains a letter of concern
for this application. Very good. Thank you. And do we
have the applicant with us in house or online. Okay.
Get yourself comfortable and then you can tap the mic.
And I'll get you to state your name for the
record, please. Good evening. My name is Amon Flynn along
with my spouse. We're on a Goodwin Flynn. We are
the owners of the property and house at 4336 bathroad.
Very good. Thanks and welcome. And is there anything further
you wish to add to the application? Uh, no, I
just got a copy of the addendum, then the last
hour. I've gone through most of it. Okay. Okay. And
we'll come back to that. All right. Thank you. Committee
members. Do you have any questions for the applicant or
staff. Ken. Yes. Thank you Mr. Chairman.
My first question is to Malcolm. And I think Maeve.
Whoever wrote the staff report. I'm not sure. And it
has to do, uh, with an item that I discussed
with Malcolm previously, um, and I think I might help
the committee to be clear on the same point. Uh,
The Clause 4. 19. 3 and the zoning by La
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 seeking the correct variance if these stairs are not
required by the building code act. And I wish Malcolm,
if you could elaborate for the benefit of the committee
as you did for me on that particular point. Yeah,
that's a very good Malcolm. Great. Thank you for the
question and through you, Mr. Chair. Staff did discuss this
during the submission of the application and we made the
interpretation that ultimately it is only the landing areas that
are to be required by the building CONACT that our
subject to this provision. And that's for the purpose of
ensuring that landing areas aren't expanded to represent a DAC
bypassing section 4. 20 of the zoning bylaws. So what
this regulates ultimately is exterior stairs and they're associated guards
and then landings that are required by the building code
Act. Um, and it is understood that this stairs were
not required for the construction of the dwelling, but the
stairs will be required to get a building permit and
a design that the landing would be associated with, uh,
its compliance with the building code. And so that would
also then apply to this, uh, permitted encroachment. For provision
under the zoning bylaw. Thank you Mr. Chairman. I have
a second question. Mr. Flynn, if I may ask. Given
that the finished condition of the stairs can be as
close as 10 centimeters from the lot line, I'd be
curious to understand how the stairs will be built without
interfering with a lot line or the mutual fence or
the neighbor's property. Could you expand on how you intend
to build these stairs. Please. We actually propose that we
would be eight inches from the line. So, um, what's
that? 20 centimeters. My age is showing, I'm sorry. I
still do things in inches. Um, the reason for that
is to allow a minimum of 30 inches of clearance
past the electric metre, which is on the side of
the house in case such as things as an emergency
structures or something that have to go up and down.
Uh, that is as small as we're able to make
the stairs and still make them functional. So that's where
it came from. It was a 30 inch width. Beside
the electric metre, which came to, uh, eight inches from
the lot line. We'll be eight inches away. And you're
satisfied. You can erect the staters having regards for that
eight inches. I understand. Is that correct? Oh yeah. They're
going to be, they're going to have to be engineered.
They will be metal. It's, uh, it's a full metal
staircase fully engineered, which will have to be submitted with
the, uh, building permit. Thank you, Mr. Chairman. Great. Thank
you. Committee members, does anybody else have a question for
the applicant or for staff. I'm seeing none. So at
this point, I'll open the public portion of the meeting.
Do we have any members of the public with us
in house or online who wish to speak to the
application for, uh, four, three, three, six bathroad. Please raise
your virtual hand and zoom or physical hand in the
house. Okay. So we recognise somebody online, a Sabina. If
you could unmute your mic and we can bring you
into the meeting. Hi, can you hear me? Yes. Thank
you. We get you to state your name for the
record. And yes. Sure. My name's Sabina Islam. I'm sorry.
I'm in my car. So hopefully you can hear this.
Um, I'm the owner at 4332 Bath Road. Um, my
home is Jason to the Upkins property. They're proposed staircase
with adjacent to my property line and fence. Is it
okay if I continue? Yes, please do. Yep. We've got
the clock started as well. Okay. I submitted detailed comments,
including pictures to the committee clerk clerk. And I understand
they've been attached to the addendum. I hope for everyone's
had a chance to read them. Yes. I would also
like to add that the public notice and the dash
system do not have the same request for variance for
variance number one. And I had also, um, pointed that
out to the clerk and requested deferral until that was
sorted out. But I did not receive any further information
about that. So I will continue. Um, this is the
third time the applicants have come before the committee of
adjustment. Again, uh, all of this is detailed in the
submission. A few things I'd like to bring to your
attention. Um, the fact that there's been success of applications
on this lot, um, rather than one, uh, larger one.
And this could allow for the committee to be more
amenimal to approvals. Um, number two, this is an extremely
undersized lot for any who have had an opportunity to
visit it. It is just over half the allowable size,
um, in this area. And the applicants were aware of
this fast and made the conscious decision to design and
build on it. Um, nonetheless, the last appearance before the
committee, um, and the OLT access to the rare yard
was specifically mentioned by our lawyers and planner when the,
um, application to build their home was put forth references
were made by the applicants at that time that access
could be obtained by the lake. So this was not
a concern at the time of building their home. Our
planner and lawyer also mentioned how other homes in the
neighbourhood have extensive side yards that allow access to the
rear of the properties my home, for instance, actually has
a driveway to access the rare yard. Number three, if
the exterior staircase were really a requirement or an issue
for safety, it would have been included in the African's
plan or the building inspector would have cited it as
a requirement or a need or it would have been
part of the building code. But it was not the
applicant's plan. They built their home on an extremely undersized
lot with the tightest of setbacks and the city did
not have any issues with issuing a building permit or
occupancy permit. Number four, the current interior side yard setback
is 1. 2 metres from the applicant's house to my
property line. This is the minimal allowable in the bylaw.
The bylaw, however, already allows for an exception that was
discussed earlier. For an exterior staircase in 4. 19. 3.
It can be built within that 1. 2 metre setback
as long as it maintains 0. 5 metres of a
setback. So let me irritate the bylaw already makes an
exception for an exterior staircase. But the applicants who knowingly
bought an extremely undersized lot and knowingly built their home
with minimal available setbacks are now asking the committee to
disregard that this knowledge and this foresight and grant an
exception to the exception already made in the bylaw. If
there was no purpose for ensuring, there was a 0.
5 metre setback for an exterior case. Why did the
bylaw specifically require this when making the exception for the
exterior staircase? Five, Want vs. Need. Their staircase is not
a necessity. If it was, they would have designed their
house with a staircase of mind from the beginning, but
they didn't. If this was truly a necessity, it would
be a building code requirement or the building Inspector would
have said they needed it or the applicants would have
included it in their design from the beginning. Just because
it is something that they may find convenient to them
now rather than going through their house or using the
lake as they referenced in the OLT herring. It doesn't
mean that they're want to negate the bylaw that has
already made an exception for exterior staircases. I ask you
to review my written submission detail. Visit the site and
consider the intent of the bylaw before making your decision.
This is where at least one of the four tests
of the minor bearings is Will fail. Excuse me, excuse
me, excuse me, excuse me, you're at the four minute
mark. You have one minute left. Okay. There was an
exception when the 0. 5 metre setback was maintained. If
not, when the bylaw allowing exterior staircase, and the 1.
2 metre side yard setbacks was created, there would not
have been a setback maintained. For this reason, I believe
the request for the minor variants must be denied. Thank
you. Okay. Thank you. All right. Do we have any
other members in the public who wish to speak to
the application for 4336 Bath Road? Please let yourself be
known by raising your physical hand in house or your
virtual hand on Zoom. And there is nobody else online
and nobody in house. Okay. So I'll close the public
portion of the meeting and come back to, uh, staff
to address some of these and the applicant to address
some of the issues we've just heard. Malcolm, do you
want to start. Sure. Thank you. And through you, Mr.
Chair. Um, just would start with just the issue regard
that was raised by the notice. Um, so yes, as
the applicant flag during their comments and in the submission
that they did, uh, request eight inches, which I think
equates to 0. 3 metres. Um, or sorry, 0. 2
metre setback, which would result in a relief of 0.
3 metres. Staff, uh, it was common practice for us
to build in a little bit of flexibility just in
case that there's some imperfections in the install or that
there is maybe perhaps a slight deviation that would create
a technical variation. So, uh, the notice is still acceptable
under the planning act in our opinion because it over
notices the request. And the resulting stairs would still be
in compliance. Should they be built at the proposed 0.
3 metres, or sorry, 0. 2 metre setback. Uh, so
there's no kind of negative prejudice to the notice and
that, um, that there's a misrepresentation or whatnot in terms
of what the extent of the variance is being requested.
Um, some of the discussions, uh, around the past applications,
there is an extensive history and that has been reviewed
by staff and they are detailed in the staff report.
However, our job is to apply the four tests of
the minor variances to this specific application. Um, which kind
of brings me to the next point about the intent
of the zoning bylaw. So there is a school of
thought in planning or not school like it is understood
that them when they're a prohibitions in a zoning bylaw.
Like you cannot have certain thing within a setback or
something like that that those can be varied. But the
way that the zoning bylaw is worded is that it
treats this just like a setback, just like a building
in which setbacks are routinely varied through the minor variants
process, again, provided that they do meet the intent or
the fore tests of the zone in Bylau, which the
intent is, uh, one of those tests. And in our
assessment, the intent of the zone and by law here
is to ensure that stairways and, uh, landings that are
required by the building code are functional and have the
appropriate space from proper lives to ensure proper drainage and
access for maintenance. Uh, as opposed to having an absolute
prohibition of half a metre, um, and if it did
have that, it would have different wordings. This stating that
effect, such as no stairs shall be permitted within half
a metre of a law line or something to that
effect because that is routinely in the zone and by
a lot. So in our assessment, it does meet the
intent of the zone in bylaw because of the way
that the, for the exterior stair setback, um, because those
setbacks are there to allow for flexibility for building components
that do routinely encroach into that. And when there are
site specific conditions like appropriate buffering or the ability to
maintain those stairs and achieve proper grading and drainage that
we're supportive of those on those site specific bases, which
is the nature of the variance that we're talking about
today. All right. Um. There was one comment about the
exterior staircase should have been included in the original plan.
Through you, Mr. Chair. It again, it is my understanding
that the exterior staircase is not required by the Ontario
Building Code for the development of the dwelling. And so
that's why it wasn't required ultimately at the time of
the building permit. And so, you know, as building staff,
my understanding is they can ultimately can't require things to
go above and beyond with the building code requires. And
so it wasn't implemented at that time. Um, perhaps the
applicant can speak more about the evolution of their use
of their property to why it was, uh, the side
of the now it is needed. But ultimately again, planning
stop job is to apply the four tests to that
specific application. And I would maybe ask Mr. Flynn if
you wanted to comment perhaps on, on how the functionality
of the property has evolved since that time to prompt
the request for stairs on that side. If you think
it would be worthwhile. Sure. I mean, I just can't
speak to like what the necessary, what has prompted the
need now versus when it was applied for sure. Mr.
Flynn. Sure. More than happy to. My wife and I
bought that lot 14, almost 15 years ago now. Um,
it is a, I really hate that my neighbour keeps
on calling it a severely undersized lot. It's 55 foot
wide. Now there are places where there'll be three houses
on that, but that's beside the point. When we tried
to build the house, uh, and started the process. Our
neighbour was severely obstructionistic to the previous owners. She had
stopped them. They got what it was, I believe five
minor variances to build a house on the lot. Um,
she had that squashed at the OMB, even though this
city had put it forward. We bought the lot knowing
quite honestly, it was going to be a bit of
trouble, but we've gone along with all our neighbours. We're
fairly nice people. We thought it wouldn't be a problem.
It hasn't turned out that way either. The first, she
mentioned the three times we've applied. The first one was
the neighbours on the other side offered to sell us
five feet. Our lot was originally 50 foot. She offered
to sell us five feet because she wasn't using the
space very neighborly thing to do. Uh, the idea was
as well it would allow them to amalgamate. They had
two lots in their house and they could amalgamate it
for tax purposes and things like that. We went through
the purchase, the city approved it. Um, Ms. Islam objected
bought it and took us to the OMB for five
feet on the other side, not her side. When we
decided we were going to build, she had made it
known that she would never allow us to build she
would do everything she could to stop us from building.
And she did. She designed the house specific to setbacks.
We only required one minor setback. And that was actually
from the floodplain. On the back of the house. So
the second, uh, minor variance request was to go from,
I believe, 7. 62 metres to five metres. Okay. Um,
we figured the best way to build a house was
to design within the constraints as best we could. We
had to go to the five metres in order to
meet the 93 metre squared floor plate. So that's what
we did. Uh, my wife and I actually designed the
house. And I don't know if you guys know it.
You've probably seen it. Well, you know it because it's
on your papers a lot, but if you drive down
Bath Road just before St. Peter's, uh, church on the
right - hand side. It's the brown and black one
on the left - hand side. Fairly modern looking. We're
very proud of the house. Um, we built it. And
this ties into why we need the stairs now. We
actually, as we were going through the design process, decided
we were going to bill it to passive house net
zero standards to be as absolute. An energy efficient as
possible. Part of that is doors and windows that are
actually insanely airtight and secure. And what we realised was
as we get older and we're down on them in
the backyard. Nobody can get through our house. If emergency
services have to come in, you can't get through that
front door. Now fire department might be able to with
Jaws and life, but that entails time and time and
more 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,
which is fine. But as we get older and it's
our intent to age in place in that house. And
we designed it for that. Uh, we figured we should
take this into consideration. Most of our, and it'll also
make Ari's considerably better as well. You know, you take
some things down to the backyard or into the basement
happening to go through the stairs all the way through
the house can be a little bit onerous. Um, so
the idea being that we can even lawnmowers, I have
to have two lawnmowers. I've got one of the front
yard and one in the backyard. It would be nice
just to be able to carry one up the stairs
back and forth. I'm not going to do that through
the house. So when we looked at this and this
is not a cheap process. You guys know this. Like
for a set of stairs, the city has been and
the plane department has been very good with us. We
approached them. They looked at it because they knew the
history of the property and the issues we have with
the one neighbour there. Um, there was possibly going to
be a fight and a problem. Um, so they, they,
they really made sure that and they were fantastic. They
talked to me. I explain what we wanted. We don't
do anything fly by night at that house. So I
guess at the stairs are going to be engineered steel
installed in place and put down. We are so aware
of our boundaries there. When I was building the house,
cause I actually did build it myself, uh, when I
built it, I had to have the surveyors back five
times. Just to make sure that we were not going
to be a half an inch past where we could
be. So we build everything right to the law. We
abide by the laws. And when we need minor variants,
we talk to the city and come up with a
plan, which is what we have done now in order
to make that a more accessible and efficient house. Okay.
Good. Thanks for that. And I feel your pain. I
apologise for what you're going through. Okay. So, um, any
other questions of the applicant or staff. Okay. So on
that, uh, I'm going to put it back to the
committee for a motion. And to vote. So moved by
Jordan and seconded by Psomnath. Any discussion. At all.
None. It's all in favor. Raise your physical hands. And
then that is unanimously carried. Thank you. Thank you for
your time. All right. The next application is for Minor
variants, 32 SIM code street. Lindsay, can you read this
into the record, please? Through you, Mr. Chair. This is
an application for Minor variants at 32 SIMCO Street. The
file number is D13014 2026. And it is to construct
a detached garage at the rear of the property. Tonight's
addendum contains two pieces of correspondence for this application, including
one letter of support. Very, very good. Thank you. And
do we have the applicant with us? Yes. If you
could grab a mic.
And I'll get you to state your name for the
record. I'm going up Chinikov. I'm the owner of 35.
Okay. Welcome. And is there anything further you wish to
add to the application. I'm not sure if it's really
to add, but it's maybe to reiterate something that is
already like. Yeah. So basically 32 SIM co - 36
and 40 is the three unit Rowhouse. Right here by
the lake Inheritage District. And about 10 years ago, we
started all three of us, all three corners started the
process of constructing rare garages at the back. And so
at the time back in 2015, we actually already had
a minor variance for all three of us together. Um,
and I believe in 2015, the 40 SIM covers did
it in 2017 or 1836 MCOP evolved. But we never
got to it then. And so now we, when we
kind of started the process, we worked with the planning
department and they informed us that we need to reapply
for the minor variants. But essentially a variance had already
been granted for the same. For this type of structure
before, um, from my understanding by working with the, with
the city planning team is that there's a slight change,
um, in a way we want it to build exactly
how our neighbours built. But there is some water drainage
requirement, which makes us to build a little bit different.
We have a slight offsets on the south and west
side to allow for the water to come out back
to our lot. As opposed to run onto the yacht
clubs parking lot, which is what our neighbours roofs do.
But anyway, that's the only difference from what has been
approved before in 2015, from my understanding. Okay. Thanks very
much. Okay. Committee members, do you have any questions for
the applicant or for staff. I'm seeing none. So I'll
open up the public portion of the meeting. Do we
have any members of the public with us in -
house or online wishing to speak to the application for
32 SIMCO Street? The East Razor Physical Hand in -
house or virtual hand - on Zoom. There's nobody online
or in - house interested in this application. So I'll
close the public portion of the meeting and we'll come
back to the committee for a motion. So moved by
Ken and seconded by Doug. Any discussion. INSO all in
favor, raise your physical hands. And that's unanimously carried. Thank
you. Number four on the agenda is an application for
Minor variants at 322 Queen Street. Lindsay, can you read
this into the record, please? Through you, Mr. Chair, this
is an application for Minor variance at 322 Queen Street.
File number is D13043 2026. And it is to permit
the conversion of the commercial unit and the existing building
to a two bedroom apartment for a total of eight
dwelling units. Thank you very much. And, uh, you're the
applicant. Get you a state your name, please. Good evening.
My name is Miles Weeks. I'm a planner with Foten
Planning and Design. And I'm here speaking on behalf of
the applicant. Okay. Welcome. And is there anything further you
want to add to the application? Nope. I reviewed the
staff report, the recommended conditions. And we have, uh, nothing
further to add at this time, but happy to answer
any questions. Thank you. Committee members. Do you have any
questions for the applicant or for staff. And I'm seeing
none. So we will 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 queen street? Please raise your physical hand in the
house or virtual hand on Zoom. And there's nobody in
the galley on Zoom and nobody in - house willing
to speak to this. So. I'll close the public portion
of the meeting and come back to the committee for
a motion. So to be moved by Lisa and seconded
by Smnath. Any discussion. No discussion. So all in favor,
raise your physical hand. And that is unanimously carried. Thank
you. And our fifth and final application this evening is
an application of a minor variance and consent for 820
to 830 gardeners Road Lindsay. Can you read this into
it? Record, please. Through you, Mr. Chair. This is an
application for minor variants and consent at 820, 830 Gardeners
Road. The file numbers are D10009 2026 and D13019 2026.
The consent application is to sever an approximately 0. 49
hectare lot with 51 metres of frontage on Gardener's Road
from a 2. 4 hectare parcel and to establish nine
easements for access servicing and drainage. A minor variance application
is to permit reduced amenity area. Reduced parking space width.
Higher proportion of the facade to be comprised of balconies
allowance for front yard parking increased amount of small car
parking and parking spaces with an obstruction on one side.
I'll also note that tonight's addendum contains one piece of
correspondence regarding this application. Very good. Thank you. And do
we have the applicant or their agent with this this
evening.
With the Boulevard Group representing the owner and also the
applicant on this file. Great welcome. Is there anything further
you want to add to the application. I just, uh,
say that we've reviewed and support the staff recommendation and
conditions. I know the correspondence received this afternoon of reviewed
that as well. I think a lot of just questions
about what may happen on the routine lands and how
the current proposal accommodates and plans for what may happen
on the routine. So I can just confirm that, um,
the reports planned, et cetera, have been, uh, prepared with
that future development in mind. So for example, in terms
of servicing capacity, uh, the work has been done to
ensure that, uh, the services are proposed to be installed
for this development. We'll also accommodate future development on the
remainder of the lands. There was in 2023 is owning
by La Amendment that frees on the entirety of the
lands and, uh, proposal included larger apartment building and then
a number of, uh, stacked townhouse, uh, forms. And so
what these applications are is to actually modify that previous
approval, propose a smaller apartment building for kind of an
initial phase. And then what happens in phase two is
likely going to be a modification of, um, another smaller
apartment building and then stack townhouses. Um, and they will
go through their own, uh, approval process as well. That
time likely another zoning by the amendment. And then its
own site plan approval process just to add that to
it as well. Okay. Very good. Thanks for that. And,
uh, all right. Committee members. Do you have any questions
for, uh, Mark or staff. Uh, Ken. Yes, thank you,
Mr. Chairman. I read the 10 questions posed by the
letter author, which were actually very well written. I thought,
but Mr. Toes answered, I'll be eight or nine of
them in his brief summary. But the one that really
caught my attention. Oh, I'll read it. Whether there are
any conditions of approval proposed by planning or engineering, that's
today that specifically preserves the city's ability to reconsider these
matters when future development applications are submitted. I think I
know the answer to that, but I would ask Malcolm
if he could just respond to that. Through you, Mr.
Chair. The city will have the ability to regulate the
future development of the lot through the existing legacy zoning.
That's been in place since 2023 as well through the
site plan control application process. So we're certainly not relinquishing
any ability to ensure matters in the public interest or
compromise through those applications. The lot creation does have the
effect of creating a new lot that would then not
be subject to those applications. Um, as well as the
easements located on the lot would not be reversible without
either other legal instruments through either another planning application or
quick claim. But as the applicant noted all of these
decisions made at these applications stages now are to support
the already approved development concept for the lot, whether it's
through different ownership structure like they're proposing now or through
a one consolidated lot development. If the proposal is still
implementing that vision, which has already been approved through the
previous zoning by law amendment. So, uh, while like a
lot creation isn't necessarily an enasement isn't necessarily reversible. It's
still implementing the vision that was previously approved and supported
by, uh, the city in terms of the past application.
So roundabout way, reversible things, but again, it's still all
supporting to the end goal of the comprehensive redevelopment of
the lot, which is, uh, in place at this time
through its own amendment. Okay. Thank you for that. Any
other questions from committee members. Lisa. Thank you, Mr. Chair.
Um, one more question from that. So when future, when
the future phase comes back, is that going to be
committee of adjustment or would that go back to planning
committee? What confused me when I started to read this
on the weekend was that where is this? Like, is
this the district? And it is because all of that
went to planning committee, um, originally. So this is committee
of adjustment. And then we just heard there'll be, um,
other things in the future, uh, or the other lot.
And then is that, would that be also committee of
adjustment or back to planning committee. Thank you for the
question and through you, Mr. Chair. Uh, it would ultimately
depend on the, on the nature of the proposal that
comes forward. There is already zoning in place for the
comprehensive of the retain lands. But should those plans need
reconfiguration through redesign based on, um, the applicants vision for
the site. Then there would be the potential for another
application to the committee of adjustment or to planning committee
depending on the nature of those changes. And I'm not
sure if the applicant wants to speak to those, um,
at this point if the anticipation for a future application
for planning committee or committee of adjustment, uh, to contemplate
for the for the phase two. Mr. Chair. Uh, I
mean, good question. The only thing I'll add to, um,
Malcolm's reply is that in all likelihood, it probably will
require zoning by the amendment because the site specific zone
that was put in place in 2023 was fairly specific
to an apartment building and stacked townhouses. And so I
think it would be most likely that a future application
is going to be zoning by the amendment that goes
back to committee adjustment. Um, there may be, I won't
say there couldn't be another, uh, lot division out of
this. But and then that would come back to committee.
I think it would be cleaner and make the new
zoning more comprehensive if it was, uh, updated in the
future. So. Okay. Thank you for that. Is that okay?
Okay. Any other questions by committee members. I see none.
So at this point, I'll open the public portion of
the meeting. Do we have any members of the public
with us wishing to speak to the application for 820
to 830 gardeners Road? Raise your virtual hand in zoom
or your physical hand if you are in - house.
And there is nobody on Zoom and looks like nobody
in - house wants to speak to this. So I'll
close the public portion of the meeting and come back
to the committee for a motion. Somebody want to put
on the force and move by Ken and seconded by
Psalmnath. And any discussion. So all in favor, raise your
physical hand. And that is unanimously carried. Thank you.
That was our last application. So our next item on
the agenda was other business. There's no other business. There
was correspondence that we, um, brought into the agenda when
we approved it. And it's listed on the revised agenda.
The date of our next meeting is Monday, September 14th.
At 5 30. And at this point, we just need
a motion to adjourn. So it's moved by Doug and
seconded by Garov. And all in favor, raise the physical
hands. And that's unanimously carried. Meeting is adjourned at 6.
13 p. m. Thanks everybody.