City Council Committee Meeting: Variance and Consent Applications

The committee dealt with a series of minor variance and consent applications, approving several residential and commercial requests, deferring others because of documentation or notice issues, and spending significant time on zoning classification questions tied to clinic and wellness uses. Applications at 224 Klein Avenue North and 150 Herkimer Street were approved, while matters including 132 Top Crescent, 120 Park Street North, 1038 Garner Road West, 22 Lydia Street, and 600 Pritchard Road were deferred or tabled.

Topics Discussed

1. 224 Klein Avenue North: residential expansion approved

Marshall Bax, an 11-year resident and property owner in Westdale, sought approval for a residential expansion. He told the committee, "Westdale is a neighborhood I care deeply about and my intention is not to change what makes it special, but to continue being part of it for many years to come." The application was approved with conditions.

2. 150 Herkimer Street: rear staircase reconstruction approved

The committee approved a minor variance to reconstruct a rear exit staircase at 150 Herkimer Street. The proposal was to replace the existing staircase in the same general location, maintaining an encroachment into the required rear yard setback. The application was approved.

3. Katherine Street wellness clinic: zoning classification debated

The committee heard extended submissions on a proposal to relocate a practice from 118 Jackson Street East to 120-126 Katherine Street South. Applicant Elizabeth Dunhollander said, "we're requesting for minor variance relating to the relocation of our practice from 118 Jackson Street East to 120 to 126 Katherine Street South. This is 250 meters around the corner from where we're already operating." She argued the Katherine Street property is commercially zoned and that the practice should be permitted there.

Supporters said the use would be low-impact and compatible with the area. Councillor Matt Francis said, "registered massage therapists are considered medical in our interpretation." Another speaker, Dr. Caroline McKisac, said, "a very significant barrier to therapy is actually the logistics of making it work."

The debate focused on whether the use fit existing zoning definitions or required a zoning bylaw amendment. Staff said the current bylaw lacks clear definitions for some of the categories being discussed.

4. 256 King Street West, Dundas: neighbours raised privacy and siting concerns

At 256 King Street West, neighbours argued the proposal should be revised before moving ahead. Mandy Salter told the committee, "I'm a neighbor and we live next door... and I'm speaking on behalf of other neighbors who also would like to see some changes to the application before moving forward."

A resident objecting to the design said, "what we're proposing, and we wouldn't object to, is if the building was moved to the other side of the property where there is a commercial building and a parking lot... instead of against our property, and that it's only one floor, so there's no overlook issues."

The discussion centered on placement, overlook, and compatibility with adjacent properties.

5. Garner Road West and Park Street North: applications deferred over discrepancies

The committee deferred multiple matters because members and applicants said the materials before them did not match what had been applied for.

On 1038 Garner Road West, Esther Pauls said, "you apply for one thing and then all a sudden it gets written up a different way." She added, "I just don't understand how that happens without the notice going out and us not being able to provide feedback."

On another file, Councillor Mark Tadeson said, "There's a fair bit of loose fodder on this one. There's a lot of variables out there with all the conditions and everything else." He said the matter should be tabled so the applicant and planning staff could "get it in black and white."

Motions

• 224 Klein Avenue North, Westdale - Minor Variance Application — Approved with conditions
• 150 Herkimer Street, Hamilton - Minor Variance Application — Approved
• 460 Cannon Street East - Wellness Clinic Variance — Approved; motion amended the application to a wellness clinic
• 460 Cannon Street East - Garage Reapplication — Approved unanimously
• 190 Woodhill Road, Flamborough - Solar Carport — conditions discussed; final disposition not clearly stated in the notes provided
• McDonald Court, Flamborough - Garage Expansion (A20600004843) — Approved
• 330 Main Street North, Flamborough - Auto Mechanic Shop — Approved unanimously
• 1565 Barton Street East, Hamilton (A20260000461565) — Approved with conditions
• Strathearne Avenue, Hamilton (A2026000062343) — Approved unanimously
• 105 East 41st Street, Hamilton (A202600000047) - Garage Reconstruction — Approved unanimously
• 25 Main Street West, Suite 300 - Rear Yard Setback Variance — Approved unanimously
• 132 Top Crescent, Hamilton (A2026000031132) — Deferred before the meeting
• 120 Park Street North, Hamilton (A202600006320) — Deferred/Tabled
• 1038 Garner Road West, Unit 207, Ancaster (A202600401038) — Deferred/Tabled
• 22 Lydia Street, Hamilton — Deferred/Tabled
• 600 Pritchard Road, Hamilton (B2026000069600) — Deferred/Tabled; not heard
• 75-85 Kenilworth Avenue North, Hamilton (B202600003475) — discussion indicated tabling; final motion not clearly stated in the notes provided
• 970 Ger Street, Hamilton (825075970) — applicant indicated willingness to table; final motion not clearly stated in the notes provided

Attendees

Committee members identified in the notes as present:

• Mark Tadeson
• Esther Pauls
• Rob Cooper
• Tom Jackson
• Dale (Chair)

Also noted: - Sebastian — abstained due to a conflict of interest with a Main Street matter