Hamilton's Committee of Adjustment Approves Medical Clinic, Residential and Restaurant Applications

Hamilton's Committee of Adjustment approved applications involving a medical clinic, residential developments, restaurant and café uses, property additions and other variances. Decisions included conditional parking approval for a clinic at 653 Barton Street East, a three-storey four-unit development at 163 Beach Boulevard and restaurant uses in an industrial condominium at 1157 Stone Church Road East. The committee deferred or tabled applications requiring rail-safety studies, cultural heritage information or additional planning review. The meeting adjourned at 11:56 a.m.; the next hearing is scheduled for Nov. 19.

Topics Discussed

MEDICAL CLINIC PARKING: The committee approved minor variance application A202600088 for 653 Barton Street East, subject to an off-site parking agreement with surrounding properties. Jennifer Katarino, area planning manager, said the agreement would be "to the satisfaction of the director of transportation planning." Staff said the arrangement would also be reviewed for accessible parking, and that a nearby loading area could potentially be converted to an accessible space. The applicant said the clinic's first-floor medical office was expected to open "by next Monday."

BEACH BOULEVARD DEVELOPMENT: Applications B202600115 and A202600116 for 163 Beach Boulevard were approved. The decision permits two deep residential lots containing a three-storey semi-detached dwelling, with a secondary dwelling unit in each half. The approved height is 11.2 metres, compared with the standard 11 metres, and the buildings will have front setbacks of about 7.9 metres. Approval includes grading, stormwater-management and security-deposit conditions. Required parking will be provided in internal garages.

STONE CHURCH ROAD RESTAURANTS: The committee approved application A202600466 for up to 525 square metres of restaurant and café uses at 1157 Stone Church Road East. The site contains two commercial buildings with 10 units and approximately 26 parking spaces. The applicant said the units would provide food options for nearby employees and visitors and create an estimated 50 to 80 jobs.

Acting zoning supervisor Brody Paul said staff initially identified restaurants as a permitted use without identifying additional site-specific restrictions. "I think when the zoning examiner reviewed it, they were unaware of the additional site-specific restrictions contained within the regulations that are applicable specifically to restaurants. It was just merely listed as a permitted use which the zone does indicate. But then if you read further there are site-specific restrictions that would prevent it from establishing a restaurant at this location." Paul said.

Applicant Denise Landry said her client had entered purchase agreements after receiving the city's zoning verification report, which identified restaurants as a permitted use. Committee member Nick said, "Overall, this one's on the city."

RAIL-SAFETY REVIEW ON ROSSMORE AVENUE: The committee considered application B202600335 to sever 14 Rossmore Avenue into two lots for a proposed semi-detached dwelling. Staff recommended denial because the property is near a railway line and shunting yard and lacked a required noise and vibration study.

Staff said, "There are policies in the urban Hamilton official plan that require in this case due to the proximity to both the rail line and the shunting yard to the west a noise and vibration study to fully satisfy the lot creation policies." Staff added that the position on the application had not changed because no study or related information had been submitted.

The applicant said the severance would create smaller homes and "allow someone access to the housing market that may not be eligible any other way." The applicant requested a deferral to complete the studies, and the committee tabled the matter.

OTHER DEVELOPMENT AND PROPERTY MATTERS: The committee approved a variance for a canopy over the Trenhome Park bocce courts at 135 Trenhome Crescent, a variance allowing the existing 1890s barn at 2330 Fletcher Road to become a detached additional dwelling unit, and a lot addition involving 8155 and 8173 Chippawa Road East.

At 19–21 Mulberry Street, the committee retained a requirement to verify independent municipal servicing while removing an overlapping condition. Staff member Helen MacArthur said, "We've been very consistent in applying the independent service in accordance with the bylaw. Each property needs its independent services and that's to comply with the bylaw."

The committee also removed an archaeological-assessment condition for an approved four-lot residential severance, replacing it with a standard archaeological advisory note. Staff member Scott Dickinson said the property met provincial criteria for archaeological potential and that an assessment remained best practice before grading, demolition or construction.

Motions

• A202600088 — 653 Barton Street East medical clinic: Approved with a condition requiring an off-site parking agreement.
• A202600350 — 33 Sanford Avenue South: Approved as amended.
• B202600115 and A202600116 — 163 Beach Boulevard: Consent and minor variance applications approved with grading, stormwater and related conditions.
• A202600466 — 1157 Stone Church Road East: Approved to permit restaurant and café uses in the industrial condominium.
• B2026002108 — 8155 and 8173 Chippawa Road East: Approved with a condition requiring the severed lands to merge with the adjacent parcel.
• A202600465 — 135 Trenhome Crescent: Approved for the bocce-court canopy height variance.
• A202600395 — 2330 Fletcher Road: Approved to permit conversion of the barn into a detached additional dwelling unit.
• A202600188 — 161 Annabel Street: Approved for the detached-garage height variance.
• A202600445 — 565 Sanatorium Road: Approved.
• B20260035 — 622 Cannon Street East: Consent approved.
• B20260039/B202600398 and A202600399 — 19–21 Mulberry Street: Approved; Condition 7 was retained, Condition 6 was removed and the minimum frontage was set at 5.3 metres.
• Archaeological condition for an approved four-lot residential severance: Condition 9 was removed and replaced with a standard archaeological advisory note.
• B202600335 — 14 Rossmore Avenue: Tabled to allow the applicant to obtain further studies and information.
• B202600388 and A202600396 — 251 Springside Drive: Deferred at the applicant's request to address planning and cultural heritage matters. Committee member Yanuka declared a conflict and did not participate.
• B202600378 and A202600377 — 313–315 Wentworth Street North: Tabled.
• B202600223 and A202600222 — 125 Mohawk Road East: Tabled.
• B202600384 — 83 Sanford Avenue South: Deferred to a future meeting.
• B202600441 — 353 Concession 11 East: Tabled.
• A202600452 — 1021 Concession 6 West: Tabled before the hearing.

Attendees

The provided meeting record does not include a complete formal attendance list. Committee members identified in the excerpts include:

• Robert
• Yanuka
• Mel
• Nick

Yanuka declared a conflict of interest on the Springside Drive applications and was excused from that discussion.