Hamilton's Committee of Adjustment Approves Minor Variances, Denies Parking and Intensification Applications

Hamilton's Committee of Adjustment approved several minor variance applications, denied others involving parking and residential intensification, and tabled some matters for more information. Major discussion focused on a rear addition at 864 North Oval, a six-home proposal at 38 Jerseyville Road West, a downtown parking lot expansion tied to 80 John Street North, and a detached accessory dwelling unit proposal at 11 Kaswick Court.

Topics Discussed

1. 864 North Oval minor variance approved

Application A20260020864 for 864 North Oval, Hamilton was approved to permit a rear house addition that includes a main-floor bathroom. Planning staff recommended approval with revised wording for variance 1 to clarify that it applied to the west side yard, and the applicant accepted the change.

Applicant Andre Fyon said the bathroom was intended to improve accessibility in the home: "It's important to have a main floor bathroom in case someone gets uh has has an accident and breaks their their leg or something. We have a a neighbor who broke their leg and uh was immobile for about six six months and it made it very difficult living in a Westale house. So that's why when we designed this addition, we wanted to put in a main floor bathroom."

2. 138 Herkimer Street application denied after parking debate

At 138 Herkimer Street, the applicant sought variances tied to a previously approved 20-unit multiple dwelling, including relief to permit 21 units and changes to parking. Discussion centered on a proposed front-yard space the applicant described as being for short-term service use. The applicant said: "The proposed front yard is intended specifically for the short term service and will not be assigned to regular tenant parking space. This parking space can keep available for drop by visitors, package delivery, food delivery and moving vehicle."

Committee member Rob Cooper questioned whether that space functioned as parking at all, saying: "I just don't personally don't feel this is a good fit for a single parking spot in front of the three-story building here."

Staff also noted that when the property is eventually brought into comprehensive zoning bylaw 05-200, "no parking will be required for this property at all," according to Emily.

During deliberations, the committee revised the requested relief so the parking variance applied only to eight rear-yard parking spaces with no on-site maneuvering, and the proposed front-yard space was removed. A motion to approve was defeated, and a motion to deny later carried.

3. 38 Jerseyville Road West six-home proposal denied

The application for 38 Jerseyville Road West, Ancaster proposed replacing one dwelling with six single-detached homes on a private road and required multiple variances. Residents objected to the scale of the proposal and its servicing impacts.

Maria Damrosie told the committee: "The proposal would place six residences, a private roadway, multiple driveways, and extensive hard surfaces on approximately 0.43 hectares." She said residents were concerned about "the cumulative effect of six residences, reduced setbacks, greater building mass, common access, additional vehicle movements on an already busy road" along with drainage and landscaping issues.

Sander Ambrosia asked the city to confirm servicing capacity before approving the application: "Can the existing sanitary infrastructure safely accommodate the addition additional demand created by six new residences?" Another resident argued that review of infiltration and groundwater conditions should happen before approval, saying: "Later is too late."

The applicant's side argued the proposal fit the city's intensification direction. Matt Johnston said: "Removing the exclusionary zoning was done with intent by the city of Hamilton council in order to support intensification like what is proposed today." Planning evidence also cited stormwater measures to be secured through future applications.

A motion to approve was defeated, and the committee then voted to deny the application.

4. Downtown parking lot expansion denied

The committee considered A20260025585 for 87/85 Catherine Street North, connected to an existing commercial parking lot operation at 80 John Street North. The applicant argued more parking was needed downtown. Kevin Freeman said: "Ultimately, parking is a major factor in determining whether high-density projects move forward. And parking comes with a high cost and high demand."

Planning staff recommended refusal. Staff told the committee: "It's staff's position that this application doesn't meet the four tests of a minor variance." Staff said the downtown secondary plan permits minor extensions to existing at-grade commercial parking facilities, but not the addition of new parking spaces. The committee denied the application.

5. 11 Kaswick Court detached ADU tabled

Application A20260002623 for 11 Kaswick Court proposed converting a garage into a detached accessory dwelling unit. Staff said they could not support the application because the Niagara Escarpment Plan permits only attached ADUs in that area.

Planner Spencer Skidmore told the committee: "So what it says is the Nagascar plan says that you can have ADUs but they have to be attached. You can't have detached ADUs and that applies to the entire plan area."

Rather than deny the application outright, the committee tabled it to allow the applicant time to consider options.

Motions

• Application A20260020864 – 864 North Oval — Approved
• 138 Herkimer Street minor variance — motion to approve defeated
• 138 Herkimer Street minor variance — motion to deny carried
• 138 Herkimer Street parking revisions — amended to 8 rear-yard parking spaces and removal of the front-yard space
• 38 Jerseyville Road West — motion to approve defeated
• 38 Jerseyville Road West — motion to deny carried
• Application A20260025585 – 87/85 Catherine Street North — Denied
• Application A20600215631 – Highway 8, Flamborough — Held after applicant did not appear
• Application A20600233147 – Highway 8, Flamborough — Approved with conditions and notes
• Application A202600252 – 358 King Street West — tree protection and landscape conditions removed
• Second 358 King Street West application — Tabled to October 8
• Application A2026026324 – Hoover Crescent — Approved unanimously
• Application A202600234 – Bond Street North — Approved unanimously with conditions and notes
• Application A20260025842 – 1842 King Street East — Approved unanimously
• Application A20260002623 – 11 Kaswick Court — Tabled
• Application A202600005322 – Lydia Street — Approved, including the railway setback variance
• 1219 Highway 8 severance/minor variance — Approved with conditions
• Application B2026002108155 – 8155 Chippewa Road East — Tabled

Attendees

• Rob Cooper
• Donna
• Yanuka
• Mel
• Nick
• Emily
• Spencer Skidmore
• Kevin Freeman
• Matt Johnston
• Scott Bey
• Addison Milprice
• Jay Bognar
• Sarah Brown
• Kelly V.
• Maria Damrosie
• Sander Ambrosia
• Jennifer Crowe
• Allison Fischer