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Committee Approves Variances, Denies Major Projects - 27 Aug 26
Hamilton · August 28, 2026
Okay, we'll uh we'll call our meeting to
order.
If
>> I can have everybody's attention,
>> I'll start off with uh with roll call.
Uh Nick,
>> Yanukica
>> here. Uh, Donna
>> here,
>> Bob
>> here,
>> Mel
>> here,
>> and myself, Dale. Um, are there any
members of the committee that have a
conflict of interest with any of the
applications today?
Seeing not um, and we need ratification
of the minutes of the last meeting. Is
there a mover,
seconded by Robert? All in favor?
Opposed? If any seeing none, that motion
is carried.
Uh, was there any other business,
Justin, before we start?
>> I guess the first application is 9:45.
>> Yes, the first application will be at
9:45 a.m. And I'll note that Sebastian
is not here. Yeah. So, we'll wait till
9:45 a.m. Good. Thank you.
Okay. Uh, yep. Through the chair. Yeah,
it's 9:45 a.m. So, we'll hear the first
application. It is
a It's a minor variance application.
A2026
00208
64 North Oval Hamilton. Owner is a
FYION. Um applicant is J. Vanderland.
Agent is the same person.
Um was there any members of the public
who wish to speak on this application
either here in the meeting room or on
WebEx?
Okay. Seeing none, I'll ask the
applicant or agent to please step
forward. Uh, please provide your name
and you have five minutes to speak.
>> Thank you.
>> Hi. Yes, my name is Andre Fyon. I'm the
owner of the prop the property
and well uh we are looking for a minor
variance. Um, we'd like to put uh a
small addition onto the back of the
house and the minor variance uh is
needed in order to put uh in in order to
add this addition so that we get a main
floor floor bathroom on the house. 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.
>> Okay, thank you. Uh does committee have
any questions?
>> Are you okay with the uh changing of the
variance one where it reached today?
Sorry, I didn't hear that. Sir,
>> are you okay with the variance one being
adjusted through?
>> I don't I'm sorry. I don't know what
that means. Am I okay with the
>> varian through the chair? If it's okay,
I'll clarify. Yes. Um, as you're aware,
the staff comments are were posted on
the website and in it the um development
planning it was uh they recommend
approval, but they recommend revising
the wording for variance one. So, I
believe the committee members just
asking if you're aware of that or if you
had any issues related to that.
>> I looked at all the documents that was
was sent and um
>> I guess you go tell them that the only
thing they changed was they put the west
side yard there where it was there.
>> Oh, I see. Yes, that's perfectly fine.
It should have been the west side.
>> In that case, I'll make a motion to
approve.
>> Okay. Motion made by Mel, seconded by
Nick. All in favor? Opposed? Seeing
none, motion carried. application
approved.
>> Thank you everyone. I appreciate your
time on this.
>> The next application will be heard at
9:50 a.m. Thank you.
Okay, it's now Okay, it's now 9:50 a.m.
Next, we have a minor variance
application A2026
00236
138 Herkimer Street, Hamilton. Owner is
Leewin Holding Limited, J Wang and
applicant is T U.
Uh, is there any members of the public
wish to speak on this application either
here in the meeting room or on WebEx?
Okay, seeing none, I'll ask the
applicant or agent to please step
forward. Please provide your name and
you have five minutes to speak. Thank
you.
>> Hi, morning. Uh, Mr. chair and committee
members. Uh my name is Tony and here we
have the owner of
140 Herimmer Street regarding minor
rights application A 202600236
and uh thanks for allowing me to bring
back this property to the committee. uh
September 4th uh 2025, the committee
approved the minorities application A251
152 permitting the conversion of the
former residential uh care facility into
a uh 20 unit multiple dwellings. Uh the
current application represents a very
limited change uh to that approval. We
are proposing one additional dwelling
unit bring the uh total from 20 units to
21 units. Uh the additional unit will
will create entirely through internal
alteration. Uh there will be no addition
to the building, no increase to the
building height and no change to the
building massing and step back. Uh the
eight rear parking space will continue
to access from the uh existing rear
laneway and no additional rear uh rear
uh rear yard pavement to be proposed. Uh
the existing paved area will remain and
the parking layout will simply just
repaint to use. Uh and uh uh this means
there will be no new paving or loss of
landscaping in the rear yard. Uh the
main concern is additional parking p uh
parking pad at the front yard uh besides
west neighborhood. The proposed front
yard is intended uh specifically uh for
the short-term service service uh and
will not be assigned to regular tenant
parking space. Uh this parking space can
keep available for drop by visitors,
package delivery, uh food delivery and
moving vehicle. Uh it will be very
practical for 21 unit residential
building without this uh short-term
space delivery and moving vehicle may
stop the uh traveling on the street and
double parking and may object obstract
the traffic. uh traffic uh the sorry uh
front parking arrangement uh also
consist with local street scale
streetscape uh the neighbors property at
uh 142 1446
150 etc. Basically all all the property
on this street has a comparable uh
driveway and curve cup driveway. Our
proposal just follow this uh established
local parking pattern and will therefore
remain compatible with the character of
the this portion of uh Herkimer Street.
Uh the present proposal just add one one
unit will adding one parking space and
one visitor parking space. Uh it does
not create a new or and or substantially
different parking condition. is that it
improve the condition that uh was
previously approved. Uh no loading space
was a variance in the previous uh
committee uh decision. Uh but we still
hope seek this loading parking space
available for the building. Uh the
property located in an established
central neighborhood with a convenient
access to transit, working, cycling
route, employment, shop, and community
uh service. It's reasonable to expect
expect that the parking space uh at
front yard can serve better to the
subject building. So in our opinion uh
the application satisfy uh the forecast
for neighbor minor wines. It maintain
the intent of the official plan by
making efficient use of uh the existing
building and providing an additional
drilling unit within the existing urban
area. uh it maintained the intent of the
zoning bylaw because uh the multiple
drilling use has already been approved
and the proposed parking arrangement
provide functional parking and access
without expanding the rear pave area. uh
is desirable for the appropriate
development of the property because it
creates additional uh house units with
no change to the building or it uh its
appearance will also improve the on-site
parking supply.
So overall the virus minor
and it impact also minor. Uh the
proposal involves only one D additional
D units uh internal building alteration,
two additional parking space and no
expansion of the rear parking area. Uh
it will not create an unacceptable uh
impact on the neighbors property or
alter the established character of the
street. Uh for those reason, we
respectly hope that uh committee approve
this application subject to any
appropriate condition. Uh thank you and
I'm happy to answer any question.
>> Okay. Thank you. Uh committee have any
questions on this application?
>> Robert,
the proposed parking space out front,
I'm kind of having mixed feelings about
it. Is it a parking spot or is it for a
loading
spot? What is the main reason for it?
Well, yeah. Uh the the the actual
parking pad at the front yard uh we just
uh designed for this uh this t uh this
building for all the tenants use like uh
temporary parking for the food delivery
uh package delivery. Uh just in case
that there's no parking space at front
or rear and then uh but the the the
delivery guy need uh to send the package
to the building. So this building will
remain all all time empty for uh the
temporary parking only not the permanent
parking for the tenant
>> because I don't like putting a lot of
faith in in Google Maps but
there it it kind of conflicts the the
notice of a loading dock because there's
a perlator truck parked right out front
of your building and obviously it could
be making delivery, but I think there's
enough room on the street for
um offloading or or deliveries, etc.,
etc. My concern is the parking spot
where yes, there is a few around the
neighborhood,
but there's going to be a substantial
loss of landscaping to the front of your
building.
And um I have some reservations
regarding that.
Uh well yeah actually the landscaping is
not one of variance uh requests in this
application. Uh in our zoning review
shows that we comply with the
landscaping area and even we deduct the
drive driveway we still have like uh
around 46% of the uh landscaping area in
the front yard. uh the package because
we we just worry that uh someone will
block that parking space and uh the
package uh the deliver guy cannot uh
deliver their stuff and make like a
double parking on the street block all
the con uh block all the traffic.
Uh yeah. Um consider this situation.
>> Uh we hope that this parking pad can
serve better for the temporary parking.
>> Are you okay with that, Robert?
City doesn't seem to have an issue with
the reduced um green space.
No, I agree that that that it is
reduced, but I'm just looking at the
remainder of the neighborhood that
some, not all, have got have driveways,
but there's singlestory houses or single
houses,
>> dual second, you know, twotory.
I just don't know if it's the right fit
for this uh multi-use building to have
parking out front.
>> Okay.
Any other committee members have any
questions or concerns?
>> If not, is there a motion?
>> Nick.
>> Okay. Just turn your mic on when you're
There we go.
>> Someone helped me out. I'd like to make
a motion to approve this application.
>> Okay. Moved by Nick. Is there a
seconder?
>> Yes.
>> Yanuka. All in favor?
Opposed?
>> That's uh three opposed.
So that motion is denied.
Is there another motion?
Okay.
>> So on that basis on that
>> is there another motion
chair. I don't know should would there
be another motion on the floor?
>> I'd make a motion. So just because that
motion was was turned down,
>> we either need an alternate to that
motion or denial
>> table
>> or possibly to table
>> or tableling. Yeah.
>> If we uh table it, I don't know if
that's going to create the right
scenario because it's either a parking
spot or it's not.
going to be hard to justify
that there. The other concern was the
letter attached and the public comments
from the entire neighborhood. And I
can't determine how many of those people
have
agreed with the letter whether they have
their existing driveways or not, but 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.
So,
Would
the agent
>> wish to table it at this point in time
and see if you can u
alternate in some way or have discussion
with the city on
on a change possibly?
>> Uh yeah. Uh are we able just looking for
uh the 21 unit if the front parking spot
is uh not pos is not terrible
just additional
in the basement.
>> So
>> I think right now I'd like to make a
motion to deny the application.
Okay, there's a motion on the floor for
denial by Robert, seconded by Mal. All
in favor of denial.
>> I have a question.
>> I have I have a question.
>> Oh, to staff or to someone. Um, can we
approve variance one and deny variance
two or remove variance two?
>> Yes, sir.
That's all
>> the committee's decision to check.
>> Okay.
>> So that's a decision that the committee
can make. Um
>> okay
>> whether okaying one variance and denying
one variance
>> one variance because I don't have a
problem with the uh ones in the back.
>> Can you pull your mic down a little?
>> Sorry.
>> Yeah. So but it's number two that I have
the problem with. So denying the whole
thing I don't know as I would want to
deny the whole thing but removing number
two that would be mine. So I guess with
the um motion on the floor I wouldn't
agree with it.
>> Okay. So I just planning has a comment
first. So through the chair, I just
wanted to mention variance number two is
specific to the maneuvering requirements
for a parking space versus the parking
space being permitted in the front yard.
So, if you were contemplating the rear
yard parking spaces, a potential
compromise maybe um would be to revise
the second variance so that the
maneuvering space wouldn't be required
for the rear yard spaces as well because
if you deny entire the entirety of the
second variance
>> um the applicants still wouldn't be able
to implement their plan. So, just wanted
to um provide that.
>> Yeah. Um Emily probably has more
>> through the chair Emily co-manager of
zoning and committee of adjustment. Uh I
just want to note that that front yard
parking space is also not required. It's
kind of excess because they have a
previous variance to allow no visitor
parking. So this visitor parking space
that's in the front yard is not
technically required. So if it's removed
um then there's no issue with that. You
they wouldn't need the variance for the
maneuvering offsite for that particular
parking space. So that's another option
is that that parking space is completely
removed from the site plan.
>> That variance is modified to say that
the um reduced maneuvering space uh is
only for the rear yard and then the
other ones can carry forward.
>> Okay.
>> Robert, do you want to revise your
motion or
>> I'll just I'll just withdraw the the
motion.
>> Okay. Okay. Is that okay with a second
or
>> Okay.
>> So, that motion is withdrawn.
>> Okay.
>> Donna.
>> So, then um we can put in
uh we would adjust number two to say um
the space itself is not required, but
we'll keep the maneuvering. Oh, I don't
have my We'll keep the maneuvering for
the rear yard
>> through the chair. That's correct. And
then uh variance one would also need to
be modified to um require eight parking
spaces instead of 21. Um because you're
removing that front yard parking space.
>> Okay.
>> I would also just flag that um once this
property is brought into our
comprehensive zoning bylaw 05200, no
parking will be required for this
property at all.
>> So um if you want to contemplate that in
your decision about that further
reduction in parking.
>> Okay.
So we can keep the um eight spots
but require maneuvering
through the chair. That's correct. So
variance one would be to permit eight
parking spaces.
>> Yeah.
>> And variance two would be no on on-site
maneuvering for uh the eight parking
spaces.
>> No on-site maneuvering.
Yeah, reference to the second portion of
the variance in variance 2 that connects
to the front yard can be removed.
So you can say no on-site maneuvering
shall be provided for eight parking
spaces located within the rear
um instead of the minimum required six
meter maneuvering aisle width.
>> Okay.
So you just you can just remove the
reference to the one space in the front
yard if you're thinking that way.
>> Okay. So um
one so remove and
uh within the rear yard and then remove
and one parking space located within the
front yard
>> through the chair. Yeah, I would keep um
so it would read number two would read
no on-site maneuvering shall be provided
for eight parking spaces located within
the rear yard. Then remove the following
wording and one parking space located in
the front yard. So you're just removing
that and one parking space located in
the front yard because we're not
referring to that anymore.
>> Okay.
>> So you still want to make reference that
the eight parking spaces located within
the rear yard. Just so it ties it to
that.
>> Okay.
>> Just so everybody's clear, there is
eight parking spots in the backyard
>> through the chair. That's correct. But
the the variance uh is written to
include that front yard parking space
for nine. So that's why the first one
needs to be changed because if we're
moving that one in the front yard,
>> that's where I'm going.
>> Yeah, that that's why they need eight.
So you'll see the first one refers to
nine.
>> Okay. So it should go to eight. Correct.
Minimum eight. Okay. So let me see if
I've got this.
>> Okay. So I'm going to make a motion
to
>> just pull your mic down a little bit.
>> Yeah.
I'm going to make a motion to amend
number one
or revise number one. So, it says a
minimum of eight parking spaces shall be
provided.
And then revise number two
to say no on-site maneuvering shall be
provided for the eight parking spaces
located within the rear yard.
>> Yeah,
>> I need to make this bigger.
um removing and one parking space
located within the front yard instead of
the minimum required 6 meter maneuvering
aisle width and the requirement that a
maneuvering space shall be provided and
maintained on the lot.
Okay.
>> Okay.
So that motion is made by Donna. Is
there a second?
>> I think I can second that one.
>> Okay. Robert. All in favor of that
motion?
Opposed?
One opposed.
Motion's carried. Application is
approved. I hope the agent is okay with
uh we're trying to work with it and try
and make it work for you. And
>> appreciate Yeah. Yeah. Thank you so much
for all the effort.
>> Okay.
>> Thank you.
>> Okay. It is now 1010 a.m. The next
application is a minor variance
A202600255
85 to 87 Katherine Street North. Owner
is Canif Group 1926 Acquisitions
Corporation. Applicant is Canif Group K.
Freeman.
Is there any members of the public who
wish to speak on this application either
here in the meeting room or on WebEx?
Okay. Seeing none, I will ask the uh
applicant or agent please step forward,
please provide your name and you have
five minutes to speak. Thank you.
>> Thank you. Good morning, members of
committee. My name is Kevin Freeman. I'm
the director of planning and development
for KF Group. I'm here before you today
with a request to permit a modest
extension to our existing commercial
parking lot to include the lands located
at 85 Katherine Street North. For the
reasons outlined in my cover letter, I
believe that this variance satisfies the
four tests under section 45 of the
planning act.
To provide some context, we're the
owners of the adjacent property at 80
John Street North, where we have
maintained a commercial parking
operation for many years without issue.
The requested variance is to facilitate
a minor extension of this existing
operation to include the property at 85
Catherine Street.
We filed an application for site plan
approval for the existing parking lot at
80 John Street North, and we are
proposing to redevelop the site for
highdensity mixeduse purposes in
accordance with the city's official plan
and zoning for downtown Hamilton. Our
acquisition of 85 Katherine Street is
part of our concerted effort to assemble
and consolidate this block and extend
the development limits of our site plan
application which will ultimately allow
us to introduce a consistent urban
streetscape along Catherine Street until
we're in a position to move forward with
construction. The plan is to maintain
the existing commercial parking lot.
Visually, the proposed extension of
parking has no impact on the
streetscape. The lot has been paved and
is maintained in good condition. The
alternative would have left the site
likely overgrown with weeds with a fence
around the perimeter of the lot which
would not have been complimentary to the
Catherine Street frontage. We have
recognized that there is an ongoing need
for public parking in the downtown to
support local businesses and especially
development activity. We have recently
been approached by several developers
including our neighbor to the south at
71 Rebecca Street with requests to
utilize parking spaces to support
construction activity.
This minor extension to our existing lot
will address this need and alleviate
temporary road occupancies and demand
for street parking.
Ultimately, parking is a major factor in
determining whether highdensity projects
move forward. And parking comes with a
high cost and high demand. And the
availability of off-site parking is
certainly a factor when evaluating
development opportunities.
To summarize, we of the opinion that
this request is minor given the limited
nature of the request and the absence of
adverse impacts. I would like to just
share a brief presentation that I've
prepared just with a few slides uh just
to provide the committee with an
understanding of the existing condition
uh and what is proposed for our site.
Just share my screen here.
>> No, just just give me a moment. I I'll
share it. Okay. Thanks.
>> You do realize the comments from staff
uh were recommending uh denial.
Yes, I have had a chance to review the
comments from staff.
Okay, so this is the this shows our
existing parking operation at 80 John
Street and the minor extension of that
lot to include the property at 85
Catherine Street North. We were able to
accommodate about 18 additional parking
spaces. Um if you can go to the next
slide please.
This is a view from the streetscape or
from the street from 85 Catherine
Street. Um this shows that there's a
seamless integration of the parking with
our existing commercial lot. Um I would
like to note that an additional variance
is required to provide a zero meter
planting strip abing a street whereas a
3 m planting strip is required. As you
can see from the street view here, there
is an existing 6-foot landscape buffer
between the edge of the paving and the
edge of the sidewalk. This landscape
buffer is within the city's rightway and
will be maintained in perpetuity.
If you can go to the next slide, please.
This is just a high level concept plan
showing how we've started to envision
how we can incorporate the property at
85 Catherine Street with our ultimate
development plans for the balance of the
site. Um, this shows a stacked townhouse
product along Catherine Street, which
will introduce a more urban and
contemporary frontage along Catherine.
You go to the next slide, please.
This is just another iteration of that
same plan, just introducing a a mid-rise
component along Catherine Street to
introduce uh yeah, more urban and
contemporary street frontage. I think
there's one more slide there. If you can
just go to the last slide, please.
This is a rendering of the streetscape
from Catherine Street that we included
with our site plan application. Um, this
again shows a very urban streetscape
along Catherine Street, which is as
envisioned by the city's official plan
in the zoning for downtown Hamilton. We
are pro proposing to amend our
application to ultim ultimately include
8587 Katherine Street North. And this
treatment here that you see with the
stack showing a stack townhouse product
is an example of how we can introduce a
more urban and contemporary street
frontage. And this will be extended to
include the property at 8587 Katherine
Street North.
>> And that is the end of my presentation.
Those are my submissions. I'd be happy
to answer any questions that the
committee members might have.
>> Okay. To the committee. Uh Mel,
>> can we hear from staff on this? Is
they're recommending denying it?
>> Uh through the chair. It's staff's
position that this application doesn't
meet the four tests of a minor variance.
Um the official plan and downtown
secondary plan is clear. Um minor
extensions are permitted for existing
um atgrade commercial parking
facilities. However, extensions,
additional parking spaces being added to
those parking lots are not permitted. Um
the fact that a landscape buffer is also
not being included is also an issue and
does not meet the intent of the
secondary plan. Um although like staff
recognize the long-term plans for
development of the site and we can
support the intensification and
urbanization of the area, the extension
of an existing commercial facility is
not appropriate and doesn't meet our
policies. Um as we've mentioned before
to this committee, if you fail one of
the four tests, we have to recommend
denial. Um so it doesn't meet the first
test. So staff are not supportive of the
application.
>> Okay. Thank you.
>> Any other committee members for the
question? Robert,
>> just going back to the uh the notes that
were filed by the staff. I picked up
this paragraph. It is staff's opinion
that a zoning bylaw amendment
application is the appropriate mechanism
to facilitate the proposed development.
And then staff recommended the request
of variance be denied. So
here we are.
Any comments from the agent?
>> If if they would um
if if the committee would consider uh
permissions for a temporary period uh to
allow the parking extension for say 5
years, that's something that we would be
willing to accept. Um, as I mentioned,
you know, we have filed a site plan
application for our site. We understand
that a commercial parking lot is not the
highest and best use for this site. It
is for highdensity mixeduse purposes,
which we are intent on we have in we do
have every intention on developing the
site for that purpose. Um, you there is
great value in having parking within
downtown Hamilton for the time being as
the properties around us continue to
redevelop. There's several properties
that are going under construction right
now. Um that constru the construction of
those buildings will require workers
obviously and those workers need
somewhere to park. Um there is a need
for this in in downtown Hamilton
especially while our neighbors to the
south at 71 Rebecca Street. I understand
that they're starting construction
sometime Q1 next year. they've expressed
interest to us to occupy some of the
parking spaces on our lot and I think
it'll alleviate a lot of the pressures
that they will experience with having to
accommodate parking for their workers uh
potential road occupancies and potential
uh you know street parking demand. I
know it's it's limited in this this
location. So um we would we would uh be
willing to amend our application to to
allow for permissions for a temporary
period if the committee would be willing
to consider that.
Is that something?
>> Can the staff respond to that
>> uh through the chair? That's a solution
that staff cannot support. It's not
supported by the secondary plan. Um the
tests is not the tests in the planning
act is not whether an application can
provide parking for future developments.
Um there is parking downtown. Uh the
city is encouraging parking downtown in
parking facilities. So as these
developments occur, the parking in the
podium or underground will be available
for parking in the downtown area. So the
expansion of a atgrade
exposed no buffer parking area even for
a temporary time um does not meet the
intent of the policies. So unfortunately
staff cannot support that.
Any further comments from committee
members?
>> The um information you had on the screen
there with the one ele with the
elevation showing
the elevation along Catherine Street.
Um, you show the two existing
residential units there on your drawing
with the proposed around it, but the one
building is gone.
Is that that's been removed already?
So is
I'm not trying to read between the lines
here, but uh I think at this point based
on staff's comments
and the um the fact that there's
the bylaw
goes forward with uh no new commercial
parking lots on grade that uh make a
motion to deny the application.
Okay, there's a motion on the floor for
denial from Robert, seconded by Nick.
All in favor of that motion.
Opposed?
One opposed.
So that motion is is uh carried and
application is denied.
Okay, next we have
it's now 10
10:28
sorry 10:22 a.m. Next we have a minor
variance application A206
00131
715 Upper James Street North sorry 715
Upper James Street Hamilton owner is
Staritect Consulting and Construction
Incorporated.
Uh R. You applicant is design plan.
and service applicant or agent. Uh
please step forward. Please provide your
name and you have five minutes to speak.
Thank you.
>> Uh good morning, Mr. Chair. Uh fellow
committee members. Uh I'm the agent for
this application. Uh my name is Addison
Milprice. I'm a registered professional
planner employed at Design Plan
Services. um here on behalf of the owner
and appearing in the place of David Eman
who could not be here today.
>> Okay. Do you have any questions on uh
any of the comments that were from
planning?
>> Uh no, Mr. Chair. Um I've reviewed the
report and I'm satisfied that we were
able to find a solution that works for
development planning.
>> Okay. Committee. Any questions?
Is there a motion?
>> I'll make a motion to approve the
application.
>> Okay. Motion made by Donna, seconded by
Yanuka. All in favor? Opposed? Seeing
none. Motion carried. Application
approved.
>> Thank you.
Okay, it is now 10:24 a.m. Next
application
is a minor variance application to
A202600215
631 highway number 8 Clamborough. Owner
is Jay Johnson. Applicant is RNR Designs
Limited Arcana. Agent is the same as the
applicant. Um are there any members of
the public wish to speak on this
application? either here in the meeting
room or on WebEx. Okay. Seeing none,
I'll ask the applicant or agent please
step forward and you have please provide
your name and you have five minutes to
speak. Thank you.
Are they here? Um,
Marana, are you here?
I don't know if maybe
staff committee of adjustment staff
maybe we'll we'll reach out to them. Um,
see if they uh
through the chair. Did you want to uh
wait?
>> Oh, are they?
>> There's two people.
>> Oh, okay.
>> Hi. Are you here for um
631 Highway 8?
>> No.
>> No.
>> Okay. You just brought us here.
>> Okay. Thank Okay. You're for the next
one. Okay. Uh to the chair, did you want
us to wait for the applicant or agent or
did you uh want to um
>> can we uh
I mean there's favorable comments, but
uh do you want to stand that one down
and and see if they come back online?
>> Yeah, it's up to the committee. Yeah, we
could we could uh we'll we'll try to
contact them and we could bring it back
later if you wanted.
>> Yeah.
>> Okay. Okay.
>> Okay.
We'll put a hold we'll put a hold on
this application and staff will be uh
we'll try to contact the agent or the
applicant or agent right now. Okay. Um,
so now 10:26 a.m. Next application is
a minor variant A206
00233
147 Highway number 8 Flamro.
uh owner is K V and uh Ky and the
applicant is the same two people as
well. Um
is there any members of the public wish
to speak on this application?
Uh either here in the meeting room or on
WebEx.
Okay. Seeing none, I'll ask the
applicant or agent please step forward.
Please provide your name and you have
five minutes to speak.
>> Thank you.
Ladies and gentlemen,
>> I'm Kelly. Kelly V. My wife Kim behind
us.
>> We uh
>> just pull your mic down a little.
>> Okay.
>> Yep. Perfect.
>> Okay. Um we're here for minor variance
on overight issue and uh extra little
bit extra large space on the addition
that we put on the back of our barn.
>> Um so we put in all the information that
was requested. Um what happened was
had a back field uh had a barn existing
barn and the roof had been leaking for
many many years fixed it once it leaked
again because the slope of the roof was
very very low. So when CO hit and I was
home I thought well I'd create you know
complete two birds with one stone and
fix the roof line on the existing barn
and at the same time put some storage
space on the back of the barn. So, I did
that while I wasn't working and uh I
didn't realize that I've been over
height and making a situation out of
zoning for my area. So, that's why we're
here. The uh it was just in my back
field. There's no nothing there. Just
flat ground. Neighbors have a tree line
along their property. Uh there's we
didn't take down any trees. We didn't do
anything. We just added to the back of
the barn. This is kind of the situation
where we're at and hoping that we can,
you know, carry on with uh completing
the uh the addition.
>> Okay. Ma'am,
>> did you get a chance to look at the
conditions that was offered?
>> I I beg your pardon, sir.
>> Did you get a chance to see the
conditions from the city?
>> Yes. Yes. Yes. Yes.
>> Are you okay with those conditions?
>> Uh you mean the pages that were coming
back or I'm not sure I understand what
you
>> the gross conditions for recommend
recommended from the planning
department, the city. Uh when I applied
for the building permit, you mean?
>> No. Yeah, just through the chair. Yes,
there are when every application when we
get it, we we notify the public about
the meeting. But at the same time, we
also circulate it to the staff,
different staff for their comments and
usually a week before the meeting, the
staff comments are posted on the website
and I believe we would have emailed it
to you. Okay.
>> And um there staff are recommending
approval with two conditions. So, first
one is that the owner submits and
receives approval of a tree protection
plan. Um, and then the second that the
owner submit and receive approval of a
landscape plan.
>> Okay. Um, yeah, there's the there the
building's already built. So, there was
no trees there to begin with. No trees
were removed from the property. Uh, so
it's and it's just a flat field. There's
no landscaping involved with anything.
It's in the back very back 40 of the
property. So there's nothing nothing
there. So I'm not sure uh what type of
tree removal or anything study or what
you're asking for. There's
>> what what they're looking at if there
you do remove any trees and now you got
to be ready to replant them. And
>> I I didn't there was no trees
>> but those conditions are added to it
probably just standard. Is that right
staff?
like I I would hope that you guys
hopefully can you know
>> uh good morning Spencer Skidmore acting
manager develop planning east team. Um
so for this item I believe our natural
heritage planner provided comments and
said that because there is trees on the
property that during construction they
should be protected and if there is
trees that are removed they should be
replaced at a one for one ratio. Hence
the conditions for the tree protection
plan and the landscape plan.
Um, I'm not sure if it was appreciated
that the the structure was already
built. So, if it's already built and
it's there and there's no further
expansion of the footprint,
>> nothing.
>> Um, then that might be something that we
could consider removing in this
instance.
>> Oh, that would be terrific. I would
appreciate that. Thank you.
>> Yeah. I'm not sure if if either one of
the conditions are are necessary because
it's already constructed and there was
no trees removed.
>> Not a single one.
>> Okay. I'll make a motion to approve with
those two conditions removed.
>> Uh Robert,
>> second.
>> Okay. All right. Uh so motion made by
Mal and seconded by Robert. Uh all in
favor of that motion. Opposed. Seeing
none. Motion carried. Application
approved.
>> Oh, thank you very much.
>> So those two conditions were removed.
>> Thank you so much. Really appreciate
your time.
>> Oh, they were Oh, they were removed.
Okay.
>> Thank you.
>> Okay. Okay.
>> Yeah. Just just through the chair, just
for future note to the applicant, once
the staff comments are posted, okay, you
should review them and if you have any
questions, you can always let us know
before the meeting and we No, no, it's
understood. Yeah. Just possible to do
this again.
>> Yeah. Yeah. No, no, no.
>> Thank you very much everybody.
>> Okay. Thanks.
>> Is that it?
>> Yes.
>> You guys have a wonderful day. Thank
you.
Next, it is 10:32 a.m. and we have a
minor variance application A2026
00252 358 King Street West Dungus. Owner
is Esco. Applicant is Pam Alliance
Limited P. Aziz.
Are there any members of the public who
wish to speak on this application?
whether it be in the meeting room or on
uh WebEx.
Okay. Seeing none, I'll ask the
applicant or agent please step forward.
Please provide your name and you have
five minutes to speak. Thank you.
>> Good morning everyone. Um my name is
Paul Gazizi with Pam Alliance and I'm
the applicant on behalf of the owner at
uh 358 King Street West. Uh based on the
CDS staff report, uh we would like to
request the application be tabled and
brought back to committee of adjustment
on October 8th. I'll meet with the city
of staff to review the project and make
improvements um as much as we can um in
order to address their concerns um and I
look for forward um returning to
committee of adjustment in October with
uh some modifications.
Um I appreciate your time and
consideration.
Okay, thank you. So, is there a motion
for tableabling? Donna,
sorry. I'll uh motion forward to table
the application.
>> Seconded by Yanukica. All in favor?
Opposed? Seeing none, motion carried.
Um
application is tabled.
>> Thank you.
>> And thank you and through the chair to
the applicant. Uh we will be in touch
with you just in terms of next steps uh
for for how to proceed. Okay, thank you.
Okay, it's now 10:34 a.m. and we have a
minor variance application. A2026
0263
24 Hoover Crescent Hamilton
agent I'm sorry owner is D. Eaton and C
Love applicant is Jay Bognar. Agent is
the same person. Uh, is there any
members of the public who wish to speak
on this application whether here in the
meeting room or on WebEx?
Okay, seeing none, ask the applicant or
agent, please step forward. Please
provide your name and you have five
minutes to speak. Thank you.
>> Hello everyone, Jenny Bogner here. Um, I
have uh looked over the staff comments
and we're happy with their
recommendation for approval. We've also
seen the uh comments from all the
neighbors. Um and we do have a few
letters of support as well. Um but I
also have prepared a presentation if um
someone is able to get that going
please.
>> Okay. Committee. Any questions?
>> Motion.
>> I'll make a motion to approve the
application.
>> Moved by Donna, seconded by Robert. All
in favor? Opposed? Seeing none. Motion
carried. Application approved.
>> Thank you.
>> Okay, it's now 10:35 a.m.
Uh, next we have a minor variance
application. A202600234
104 Bond Street North Hamilton. Owner is
B. Moore. Applicant is J. Bognar and
agent is the same person. Is there any
members of the public who wish to speak
on this application either here in the
meeting room or on WebEx?
Okay. And again, yeah, the application
number was uh A202600234.
Okay. Seeing uh seeing none, I'll uh
seeing no members of the public here,
I'll ask the applicant or agent, please
step forward, please provide your name,
and you have five minutes to speak.
Jenny Bogner again. Um again, we're
happy with staff's comments and
recommendation um uh for approval and
the the owners have talked with all
their neighbors and nobody has voiced
any concerns with this.
>> Okay. Thank you, committee. Robert,
>> there's no other com there's no other
comments to make a motion to approve
with the conditions and notes.
>> Okay. Moved by Robert, seconded by
Donna. All in favor? Opposed? Seeing
none, motion carried. Application
approved.
>> Thank you.
>> Okay, it is now 10:37 a.m. Um,
next we have a minor variance
application. A2026
00248
38 Jerseyville Road West, Ancaster.
Owner is Jerseyville Lane Incorporated.
E. Carabelli applicant is the same uh
company agent is urban solutions
planning and land development
consultants incorporated and Johnston I
believe um development planning and
development engine they development
planning and development engineering may
want to speak first see if they wanted
to
>> uh
to the chair to the committee my name is
Zonovski I'm acting manager for the best
team.
>> Hi, my name is Zikoponovski. I am the
acting manager with the vest team and
would like to pro to update our comments
uh to with the following uh note uh as a
comment and uh we uh would
like to say that within the any future
application of this uh for this property
and severance se of the condo of of the
draft of condo the owners shall
demonstrate that the any increase in
loyage above 35% is supported by the
owner owner demonstrating that there is
a suitable storm outlet for the subject
lens including an adequate overland flow
route and emergency spway to the mun
rightway also uh also confirming no
negative impact on the adjusted
properties. The applicant shall also
ensure that the strong management design
is in accordance with the uh city
compreh comprehensive guidelines and
drench policy and city council direction
to ensure the mitigation measures are
implemented as per the recommendation of
the custom train study phase two. Uh
subject inclusion of this note into the
uh CFA decision, we have no further
comments on this uh application.
>> Okay.
Yeah. And through the chair, we just
sent you an email that just outlines
what SO just said as well. Um, it was
provided just Yeah. earlier. Um, I don't
know if development planning had
anything.
>> No, no update from our perspective.
Thank you.
Seeing that I will ask uh is there I
believe we have some members of the
public wish to speak on this
application. So we'll go to them first.
Um
Alison Fiser I believe is she here?
>> Okay. I just had two people here that we
noted. There could be other people.
That's fine. We had Maria
de Damrosie
and Allison Fischer.
Okay.
Yeah. Anyone wants to speak, just just
come up then. Yeah.
>> Excuse me. There's several of us.
>> No, no, no, no. I If you heard what I
just said, if other people want to
speak, they can speak as well. Of
course. Yeah.
>> Hopefully there's enough for everyone.
>> Sorry. Excuse. Is that a presentation or
a
>> There's just a handout of the appendix
if that's okay.
>> The
>> uh that was submitted that was part of
our written submission.
>> Okay. Okay. The committee would have had
Okay. All right. Just uh just future
notes if there's any kind of
presentation please submit it to us
prior to the meeting. Okay.
>> Okay.
>> Okay.
>> Okay. Okay.
Okay. Yeah. Please provide your name and
you have five minutes to speak. Thank
you.
>> Good morning. My name is Maria Damrosie
and my husband and I live immediately
beside the subject property at 48
Jerseyville Road West. Although we are
appearing as adjacent residents, we are
not speaking only for ourselves. We have
had extensive discussions with neighbors
along Jerseyville Road, including many
outside the formal notice area as well
as other Ancaster residents. They share
significant concerns about this proposal
and have expressly asked us to speak on
their behalf today.
We want to be clear, we are not opposed
to the redevelopment of 38 Jerseyville
Road West. However, our collective
position is that this six home proposal
together with the requested variances is
not minor, is not appropriate for this
site, and is not compatible with the
established character of the
neighborhood.
Ancaster is a historic part of Hamilton.
Its character is defined by established
streetscapes, mature trees, landscape
properties, and homes that have an
appropriate relationship with their
surroundings.
Jerseyville Road West is one of
Ancaster's longestablished main roads.
Its mature streetscape is an integral
part of this character and identity of
Ancaster.
So I have provided appendix one which
was also in our written submission to
provide clear visual context for that
streetscape.
As residents, we understand communities
evolve. However, redevelopment should
respect the established qualities that
make a community distinctive.
The proposal would place six residences,
a private roadway, multiple driveways,
and extensive hard surfaces on
approximately 0.43 hectares. Our concern
is the cumulative effect of six
residences, reduced setbacks, greater
building mass, common access, additional
vehicle movements on an already busy
road, especially during scroll periods,
extensive hard surface coverage, and
limited space for landscaping and
screening together with the servicing
and drainage concerns addressed in the
written submissions.
In the appendix, figures 1 A to 1 C show
the properties directly across from the
subject property and immediately to its
west and east side. These photographs
demonstrate the prevailing character of
Jerseyville Road West. Detached homes
with substantial front yards, mature
landscaping, and mean meaningful
separation between residences.
This same established character
continues both east and west along the
road.
The homes shown are set approximately 80
to 1550 ft from the road. Our home is
approximately 150 ft from the road,
while even the existing home, which is
also in the appendix at 38 Jerseyville
Road, is approximately 80 to 100 ft from
the road. By contrast, the proposal
requests setbacks of only 3 or 4 meters,
so approximately 10 to 13 ft. To put
that in perspective, we are not
comparing setbacks that are half or even
a quarter of those shown along the
street. The proposed setbacks would only
approx be approximately 7 to 15% of the
existing setback shown.
This is not a minor adjustment. It is a
dramatic departure from the established
relationship between homes and the
street. Setbacks are not simply empty
space. They provide privacy, separation
between homes, room for trees and
landscaping. And any redevelopment
should provide setbacks more consistent
with the established streetscape
and sufficient space for meaningful
landscaping and effective privacy
screening along the side and rear
boundaries.
It is also important to provide some
context regarding neighborhood
communication.
After the developer purchased the
property last year and especially after
the substantial tree clearing that
occurred at the property shortly
afterward,
residents contacted the developer to
understand what was being considered for
the property. They were advised that
there were no plans and the developer
declined invitations to meet. As
recently as two months ago, residents
again contacted the developer and were
again told there were no plans, only
weeks later to receive notice of the six
home proposal.
We recognize the developer is entitled
to pursue redevelopment and was not
required to consult directly with
neighbors. We do not raise this as a
procedural complaint. However, earlier
dialogue is good planning practice and
could have identified these concerns and
provided an opportunity to explore other
designs. That opportunity still exists.
We believe there is a reasonable
alternative.
We would support or at minimum not
object to the consideration of three
detached bungalows with setbacks more
consistent with the neighboring homes.
This would still represent substantial
redevelopment from one home to three
while providing more green space,
greater separation, and better
opportunities for landscaping,
screening, and storm water management.
In conclusion, the requested variances
are not minor when their cumulative
effect is considered in the context of
this property and the established
streetscape. The position we are
presenting today reflects the shared
concerns of neighbors and other Ancaster
residents who care deeply about
Jerseyville Road and about preserving
the character of Ancaster while allowing
reasonable and responsible
redevelopment.
We respectfully ask the committee not to
approve the requested variances in their
present form. We believe a substantially
less intensive proposal would better
balance the owner's interests with the
established character of the
neighborhood and the concerns of its
residents. Thank you for your
consideration.
>> Okay. Thank you. Um
next and this is just on our list um
people we had so it was Allison Fischer.
Did you want to speak next or
>> Oh, did you did she want to speak later?
Okay. Do you want to come up then? Okay.
All right. Uh, please provide your name
and you have five minutes to speak.
Thank you.
>> Good morning, chair and members of the
committee. My name is Sander Ambrosia.
My wife and I live at 48 yearsville road
immediately west of the subject
property. In addition to the concerns
already raised, I would like to address
the sanitary sewer capacity in the storm
water management. First, there have been
reported sewage backups in the basement
in the immediate neighborhood. The city
has previously had to power flush local
sewers. Residents were advised that one
contributing concern was additional
development in this older mature area
where the existing infrastructure was
designed for fewer and smaller homes. We
also understand from the previous owners
at 38 years ago Road West, the site of
proposed development. They experienced a
substantial sewer backup shortly before
the property was sold. These experiences
raise reasonable questions. Can the
existing sanitary infrastructure safely
accommodate the addition additional
demand created by six new residences?
Before approving the increased density
facilitated by these variances, we
respectfully ask that the city confirm
based on appropriate engineering
information that sufficient sanitary
capacity exists and the additional
demand will not increase risk to
existing residences. Our second
significant concern is storm water
management. Approximately 7% of this
property is proposed to be covered by
roofing, ashvault or concrete. Soil can
absorb water only if water can reach it.
With this amount of hard surface, more
runoff will have to be collected and
managed by the proposed private system.
This is particularly concerning because
drainage problems already occur along
this part of Jerseyville Road. Water
gathers submerging portions of sidewalks
and coververts, including the area in
front of our driveway. In winter, that
water freezes, creating hazard to
pedestrians and vehicles. The
development must demonstrate that it
will not make an existing drainage
problem worse. The top the topographic
information appears to show that the
property is falling from approximately
251.5 m to approximately 249.84 meters
towards its southwest quarter. Much of
that elevation change appears to occur
in the rear half of the property. That's
even more drastic. Appendix 2 that was
just shared with you from our written
submission uh illustrates what is
located behind the subject property.
There is a commercial plaza directly
behind the property. There's waste
collection areas. tenant service
entrances to their to their units,
including a restaurant that's there, a
pharmacy say also directly behind a St.
An's elementary school property and
children playground. These photographs
demonstrate why the emergency overflow
route matters if the private system
reaches or exceeds its capacity. Where
will the water go? What safeguards will
prevent it from flowing towards these
properties and our own? Our
understanding there is no municipal
storm water sewer along this portion of
Jersey Road. If that is correct, the
proposed private system and its ability
to manage major extreme rainfall events
becomes even more important. The
proposal relies on an underground
aquabox infiltration storage system. By
way of background, I founded and
continue to operate Canada's largest
highdensity polyethylene pipe
distribution company and ads. The
manufacturer Aquabox is one of my
suppliers. I therefore had the
opportunity to discuss this type of
system with a member of the
manufacturers's engineering department.
Those discussions reinforce that the
systems performance depends on sight
specific factors including soil and
groundwater conditions and that there
are soil conditions in which this type
of system may not be recommended. The
developed material indicates that the
site's actual infiltration capacity may
be determined later through insul
testing. Later is too late. The soil
infiltration rate and groundwater
condition should be established through
actual site testing before the variances
allowing before these variances allowing
greater density are approved.
The systems capacity and emergence
overflow strategy should then be
evaluated using those verified
conditions not assumptions. We also
request clarification concerning the
systems location relative to existing
property lines. Are the setbacks in
system with above groundwater storage?
What impact would they have on
neighboring basements? Long-term
responsibility is equally important.
This system must continue to function
for decades through changes in home
ownership. The Aqua Box system is
relatively new and does not have decades
of historical reliability. The
manufacturer's literature calls for
regular inspection, maintenance,
cleaning, including annual inspection
and inspection following extreme weather
events. Who will be legally responsible
for that work? Who will pay for the
repairs or replacement?
Where will every component remain
accessible if located beneath private
backyards? What will prevent future
owners from planting trees, constructing
sheds, or making other alterations that
interfere with the system? The
manufacturer did state that root
infiltration could damage the system.
These responsibilities should be clearly
established and demonstrated before
approval. As Maria explained, we are not
opposed to reasonable development. A
less intensive proposal such a three
detached bungalows with the front
bungalow oriented towards Jerseyville
Road and appropriate setback would be
more compatible with the streetscape.
It would also reduce hard surface
coverage, allow greater natural
infiltration, and provide more
flexibility to manage storm water
safely.
Additional concerns have been raised
by neighbors written submissions and the
five minute speaking limit does not
allow us to repeat each one. We
respectfully ask that the committee to
give it all those submissions careful
consideration. In conclusion, we ask
that the committee not approve the
variances in their present form.
Alternative, we ask that the decision be
deferred until the noted concerns are
addressed. Thank you. And one other
comment, I did see that in the last day
or so the um this was more recent uh
development engineer
uh also put up uh a notice that they
cannot support the increased law
coverage based on a lot of the concerns
I brought forward with uh water
management. So thank you.
>> Thank you.
Uh, anyone else?
>> Yeah. And then through the chair, of
course, just just letting everyone know
we have a five minute speaking limit,
but of course it's at the discretion of
the chair um if uh they wanted to wave
that or not or or keep with it. Yeah.
Yeah. Uh please provide your name and
you have five minutes to speak. Thank
you. Um, hello. I'm Allison Fischer. I'm
one of 46 close neighbors of 38
Jerseyville Road West who have signed
this petition I'm presenting to you.
Dear commun, excuse me, dear committee
members, we the undersigned residents
and property owners neighboring 38
Jerseyville Road West formally right to
register our strong objection to the
minor variance application for 38
Jerseyville Road West, which requests
relief for minimum lot area, minimum lot
width, minimum lot setback from the lot
line, minimum setback from flank
flankage lot line maximum lot coverage
porch deck and canopy encroachment
limits minimum landscape area limits and
minimum landscaped area for tree
protection limits. We believe the
application does not satisfy the
requirements of section 45 of the
planning act for the following reasons.
It is not minor. The scale of the rel of
the relief requested is substantial and
will create an overconentration
of buildings on a lot of this size. This
application with eight requests for
exemptions to Hamilton zoning bylaws
seriously stretches the definition of
minor variance. Each of these requests
is significant.
Taken together, this application
proposes major and substantial alter
alteration of the size of lot and
maximum lot coverage allowed by the
Hamilton official plan.
The fact that the proposal includes
mentions that additional variances may
be required on three additional issues
stretches this definition further.
It will not it will have adverse impact.
The proposed construction of six single
detached dwellings where one now ex
sits, decreases to m minimum lot size
allowed by Hamilton bylaws and increases
in ratio building to green space and
decrease in protection for trees will
directly and negatively impact the
neighborhoods of 38 Jerseyville Road
West. These proposals will result in
increased traffic congestion,
severe loss of backyard privacy, blocked
sight lines, shadow impacts of adjacent
properties, and affects the nature and
character of this older neighborhood.
It falls um and third um it fails to in
it fails intent of bylaw and Hamilton
official plan. This application for
minor variances runs contrary to the
general intent of Hamilton's zoning
bylaw and urban rural Hamilton official
plan which are designed to protect the
uniform layout and spacing of our
community.
proposing to replace one house with six
single detached dwellings while
shrinking lots, shrinking yards and
green space and maxing out coverage
would violate the intent and purpose of
Hamilton's planning rules and purpose.
The proposed construction would be a
major intensification.
Combining decreased lot sizes, minimal
front setbacks, and high lot coverage
creates comp compounding massive
footprint.
This scales completely out of the realm
of a minor tweak both to what re already
exists on the street and to the Hamilton
bylaws created to protect neighborhoods
from such over construction and drastic
changes to neighborhoods in which people
live.
Minimize setbacks push buildings too
close to the street line, disrupting the
established streetcape.
Increased lot coverage reduces green
spaces, leaves less room for natural
water drainage, and creates a crowded
environment.
Decreased lot sizes
bypass the standard density limits set
specifically for this zone.
We we respectfully request that the
committee of adjustment refuse this
application as proposed.
Thank you.
Thank you. Anyone else? Okay. Yeah,
please step up. Please provide your name
and you have five minutes to speak.
>> Great. Thanks, Justin. Um, hello. My
name is Jennifer Crowe and my husband
and I live at 30 Jerseyville Road West,
which shares the easterly boundary with
38 Jerseyville. So, to put some scope
around that, we have a common property
line of 114 meters or 318 feet. So
people like myself who still think in
feet. Um so we have vested an interest.
We have a vested interest from the
street perspective as well as an
immediate neighbor. And James and I have
submitted a written objection which I'm
sure you've already read that speaks to
the variances
um that have been requested. So while
many residents on the street have lived
here for a long time, James and I moved
here seven years ago. We were looking
for a place to retire as our poor credit
community in Missaga was undergoing
increased densities and intensification.
Ancaster matched our requirements,
especially the walkability of this
neighborhood, and our home is designed
to allow us to age in place with a
lovely yard and garden to enjoy. So, you
know a bit about how we ended up here
and why we have a concern about the
intensification being proposed for next
door. We're not against additional
housing and in fact we're pleased to see
that it's these are single detached
homes and bungalows that are being
proposed. Our main concern is the
request before the committee of
adjustment today are not minor in nature
and a substantial departure excuse me
from the large lot are to intent by not
meeting the minimum lot area the minimum
lot width and on top of that requesting
it increased lot coverage. The six lots
are collectively requiring significant
departures from the zoning framework
intended for this area and the storm
water issue has already been covered um
covered before. So cumulatively, these
variances look a lot like a pathway to
building large homes on small lots. And
we all know what that looks like, which
is nothing like Jerseyville Road today
with its variety of architectural
styles, ages of homes, and footprints
ranging from modest homes such as the
one we live in to ones that are
significantly larger yet proportional in
size to the lot. The cohesiveness and
character of our community is achieved
by similar setbacks, mature trees, and
landscaping. We are concerned about the
loss of sunlight and increased shading
in our home and backyard as well as
having six backyards that are abiding
along our property line. The increased
daily living activities from those
backyards, the sounds from heating and
air conditioning units, the lighting
from the laneway, the porches, the
motion security lights to name a few.
And in the absence of any concept
drawings and information about
elevation, height, roof lines, grading
being shared with us, we cannot
meaningfully assess the requested
variances and the impact and their
impact without knowing the resulting
built form. The one glaring aspect we
can visualize though is that lot one is
essentially a house perpendicular to the
street with its backyard in our front
yard. You would have seen that in the
photo submission that we had in our
attachment. So among the many
submissions made in response to this
application, there are other approaches
and solutions worth considering. Let's
work together to find a way forward that
respects the intent of the arch zoning,
maintains the character of our
neighborhood, and creates a positive
precedent that both the community and
the developer can be proud of for years
to come.
I would respectfully ask the committee
of adjustment to table this application
to provide the community with additional
time to understand the revised proposal
including the built form and site
impacts and for urban solutions to work
with the community toward a solution
that respects both the intent of the R2
zoning and the established character of
Jerseyville Road. So, thank you for your
time and consideration.
Thank you. Was there any other members
of the public wish to speak?
Okay. Then I'll ask if not I'll ask the
applicant or agent please step forward.
Uh please provide your name and you have
five minutes to speak. Thank you.
>> Good morning members of committee,
staff, and the public. My name is Matt
Johnston, registered professional
planner with Urban Solutions. Here on
behalf of the owner of the application,
I'm joined by Mr. Andrew Smith, a
professional engineer, also retained by
the owner, uh, who will be available for
any questions. Um, Mr. Long, I did
provide a PowerPoint presentation I'm
hoping you could put on the screen and
uh, I'll walk uh the committee and the
public through Y.
>> Thank you.
Great. Thank you.
Uh if if we could go to uh the next
slide, please.
Oh, sorry. No. Um,
the previous
>> Thank you. Yes.
So, yes, the subject property, as we
know, 38 Jerseyville Road West, uh, just
a little over an acre in size, uh, a
rather large parcel with 131 ft of
frontage, uh, 389 ft in depth, uh, with
an existing single detached home. Next
slide.
Just a little bit of community context.
We've heard a little bit about the the
area. Um and yes, the property does back
onto the commercial properties fronting
Wilson Street in proximity to St. An's
Elementary School
uh a little west of uh the village core.
Next slide.
From an official plan perspective, the
lands are designated neighborhoods on
schedule E as well as neighborhoods on
schedule E1. This is an important
consideration in that the policy
direction prescribes 30% of all
intensification for the city of Hamilton
to occur within its established
neighborhoods.
The designation also permits the full
range of housing forms and types and
tenure. Next slide.
We're located in the lowdensity
residential large lot 2 zone. This is a
a relatively new zone category that's
been established. Uh it applies to the
broader uh area as well as the subject
property. And as a result of these new
changes to the zoning, town houses,
semi- detached dwellings, and single
detached dwellings are all permitted
uses as of right within this zone.
Next slide. I mentioned it's a new zone
brought forward in 2024
for the purpose of accommodating
intensification.
Removing the exclusionary zoning was
done with intent by the city of Hamilton
council in order to support
intensification like what's proposed
today.
Next slide.
Those as of right permissions with our
um existing property could accommodate
as many as six town houses across the
Jerseyville frontage having a minimum
lot width of 6 mters. Um of course semi-
detached and singles are also permitted
as well. Next slide.
We heard a little bit about um alternate
proposals and there have been alternate
proposals considered proposals where the
as of right street town houses are are
were proposed along the Jersey frontage
with singles in the back. Uh there are
more intense versions of the proposal
that have been considered and in
recognition of the context uh the
proposed development shown on the next
slide is what we're pursuing.
This development has been uh refined on
a number of occasions in advance of the
submission and once the submission was
made. I believe originally we were we
were near 14 variances prior to a
submission continued to work and refine
the plan and the built forms minimized
the lot coverage increase the sideyard
setbacks in order to eliminate
variances.
We then applied for an application with
a total of eight variances. Another
round of revisions getting those down to
six variances in total.
Uh and I'll roll through them quickly.
Next slide is variance number one for
the minimum lot area. 630 m is required.
515 is proposed. And that's well and
above the as of right minimum lot size
of a townhouse which is also permitted
on the property.
Next slide is variance number two.
A reduction in lot frontage from 18 m to
16.5.
That's over a 60ft lot that we're
proposing in 2026. Um arguably unheard
of in in today's state um in today's
age. again representing uh a modest
level of intensification as envisioned
by the official plan and zoning.
Next up is our increase in lock coverage
from 35% to 45%.
Um I'll touch on that in a bit more
detail later.
We also have uh the reduction of a
canopy projection. So, what we've done
is we've limited the the size of the
canopy to 29 square meters to ensure
that it's no larger than what's shown on
the screen
and it's specific only to a canopy, not
a deck or a elevated living space. So,
it's it's at grade uh patio with a with
a covered porch.
Next slide is uh our last variance
number six. And I note that variant six
is only applicable to the first lot and
it really accounts for um the driveway
configuration that's required from a
transportation perspective and it's a
modest decrease from 50% to 48%.
All in all, next slide um is just a
brief summary of the four tests that
we're required to consider in evaluating
minor variances.
Next slide. I'd like to just get at um
things from a planning process a little
bit.
Next slide. Justin
shown on the screen here is formerly 15
Church, which was a single detached home
that initiated
an approval process for six street town
houses in 2020.
Back in 2020, this level of
intensification required an official
plan amendment, a zoning bylaw
amendment,
ultimately an Ontario land tribunal
hearing, resulting in a 4-year process.
The purpose again of the R2 zone that
was introduced in 2024 was specifically
to alleviate this type of situation and
encourage this type of inf
intensification.
The policy framework has changed with
intent to support applications like
this.
We now move to the next slide
and I have two recent minor variances on
the screen uh that this committee
considered uh within the last year and a
half or so. 28 Oakley, an application
for street town houses on Oakley Court
just on the south side of Wilson um in
relative proximity to the proposal. That
application received a positive staff
report. It was denied by the committee
of adjustment and later rubber stamped
by the Ontario Land Tribunal six months
later and uh at a cost of uh probably
shy of $100,000 delay just in Ontario
Land Tribunal proceedings. Similarly, 40
church positive staff report
recommending approval
denied by the committee of adjustment.
Uh about 5 months later, we get approval
by the Ontario Land Tribunal. Again,
adding significant cost and delay to
applications that are supported by staff
and supported by the purposeful changes
to the plan to accommodate
intensification.
Today, we have a positive staff report.
We're in full support of the comments
within and um the changes that had been
introduced at the beginning of today's
meeting.
And I ask you not to send us down the
path unnecessarily to uh a an Ontario
land tribunal hearing only to approve
this down the road. It's it's a poor use
of staff resources. It's a poor use of
taxpayer dollars and we're asking you to
approve the application today as is.
We've heard uh on the next slide,
Justin, comments from the public
um concerns with regards to and I'm I I
respect all of the comments, but we
tried to summarize um 60 plus pages in
in a a few bullets. Um
landscaping,
privacy impacts, traffic impacts,
compatibility and built form and storm
water management.
Um
we've eliminated variances related to
landscaping.
Um we have a built form that's permitted
but as of right subject to these
variances um done in a way to limit
privacy impacts. We have a traffic brief
submitted in support of the application
that looks at trip generation and the
access onto Jerseyville. compatibility
and built form have really been
evaluated through the introduction of
the R2 zone with these these minor
revisions to the bylaw. And then we've
heard a bit about storm water
management.
I'll go to the next slide. Um storm
water management probably most related
to the variance associated with lock
coverage. Um
as noted um in Mr. Andrew Smith's
professional engineering report. Uh this
is sandy lom soil ideal for well it's
well draining suitable for ground
infiltration. The aquabox
uh storage solution for storm water
management is an entirely acceptable
engineering approach. A low uh a low
impact development feature um intended
to accommodate storm water management.
The conclusions of the report confirm
the proposed lot the proposed layout can
be adequately serviced from a storm
water
for storm water based on the use of low
impact development infiltration.
These measures for storm water
management are secured through planning
future planning applications. That was
uh a matter that was touched on by Mr.
Powski at the start of the presentation.
Those features will be secured through
future planning act applications. We had
questions from the area resident with
regards to responsibility and future
maintenance. The benefit of the proposal
here is that uh a con element
condominium will be established and
those elements can be secured through
the condominium corporation
responsibility for taking responsibility
for maintenance.
And with that um it concludes my
presentation. Again, we ask you to
protection of overflow.
So for protection of overflow uh and
I'll grant our report as it was
presented didn't get into this but we
want to make clear that there will be
opportunities for further review and
refinement of the design but for
overflow uh basically the ground the
storm water is directed to groundwater
infiltration and we would do insitu
testing of the soils prior to the
construction to verify all the
infiltration rates and to use that
information to size the boxes.
We do believe there is space on the
property for these boxes in various
locations and they'll be under the
purview of the condo for spill. If you
had a a major event or backtoback
events, it would be overland flow and
the city development engineering they
brought forward the comment at the
beginning of the meeting regarding
directing that flow to the street or to
an appropriate outlet. So we would work
through the grading design to make sure
that the water is not impacting any
surrounding property. It would be
directed to the municipal right ofway
and uh protect the local properties.
Okay. In regards to the overflow issue,
um you've read development engineering's
um
telling that they can't support the
increased lot coverage in that because
of the overflow. what this gentleman
here was talking about
>> through the chair to the committee. Um I
believe what Mr. Powki was doing was
providing additional details that now
allow engineering to support the
proposal as presented
as they rely on the future applications
for the detailed design of the system
proposed.
>> Okay. So, that's that's an update to the
second posting online of of comments.
>> Okay. All right.
Yeah, I didn't quite hear everything
that was said about that.
>> Well, I'd like to just make a quick Can
I? So, with this application, it looks
like, excuse me,
the applicant has worked with the city
uh on these conditions. So they're a
number. I think the notion that it's
going to go to the Ontario Land Tribunal
and simply be approved is just a fact.
So I don't see a reason to deny this
application.
I'd like to make a motion to approve it.
>> Okay.
>> Okay. Just before I accept that, I just
want to make sure if there's any more
questions. Okay. Yukonica.
>> Yeah. So, um I personally don't think
that this is desirable for the
neighborhood um in the event that
let's just say um the committee would
like you to table to see if you could um
change this development. Would you be
willing to do that or would you want a
yes or a no today?
through the chair. We have evaluated
different variations of built form and
this is a preferred bill form and we'd
ask you to make a decision based on
today's proposal. Thank you.
>> Any other questions? Okay.
>> Have you had any input from the
neighbors
that have affected the outlying
proposal for today
>> through the chair? Um the changes that
have been made,
again I I mentioned when we first landed
on six six lots on a private road, we
had uh 14 variances um that were going
to be required. Um through consultation
with staff, um it was it was understood
that we needed to do more to improve the
application and we worked hard to do
that. um that got the number of
variances down from 14 to eight in our
formal submission. So the first thing
that went in formally was was six lots
requiring eight variances
um in in efforts to continue to improve
the plan from
from an engineering perspective and from
just a general open space and and
compatibility perspective. We eliminated
variances with regards to sideyard
setbacks.
um tree planting and tree planting
requirements. Those were the two
variances that were eliminated. By
eliminating those, we also had a
positive impact on other variances that
are still required, but the the
magnitude of those variances decreased.
So, there's been a number of of small
but important revisions to the
application to improve things in
response to the feedback that we're
hearing. Thank you.
So at the end of the day, you have taken
some of the input from the neighborhoods
or the neighbors into the design that we
have in front of us.
>> No, not at all.
>> There has been no consultation, no
discussion.
>> And I do have a comment about the outgo
box because I think it's very important
>> through through through the chair. Um
just just to reiterate the procedure in
the meetings, the members of the public
speak first and then the applicant and
then the committee will have their
deliberations unless the committee asks
anyone any of the applicant or the
members of the public to for further
comment then um just then please don't
uh comment. Thank you.
>> In response to the question um I agree
there hasn't been direct dialogue
between urban solutions and the
surrounding neighborhood. the revisions
uh and the important changes that have
taken place um are really in response to
liaison with staff uh with the in with
the public interest in mind. So um I I
respect that uh it hasn't generated
support but the changes were made in in
attempts to again mitigate the magnitude
of the variances as well as the number
of variances um in response to the
broader concerns.
Yeah, I'm just disappointed that there
hasn't been any consultation with the
neighbors because everyone's going to be
affected by this at the end of the day.
I know in my previous life, if I was in
development of a or construction of a
project, I made sure I went around and
made find out what the if andors or buts
were about. I'm I'm surprised that that
hasn't been done here. So,
>> okay. If there's no more questions,
Nick, I'll accept your motion
for approval.
>> Okay. Is there a seconder?
We'll call one more time.
>> Oh, Donna, are you seconding it?
>> Okay.
Um, so all in favor of the motion for
approval
and deny
or oppose. Three opposed. So that
>> sorry who who was opposing? Sorry who
was
>> uh Mel Robert.
Okay. So then the motion would be
defeated. Okay.
>> So that motion is defeated.
>> Sorry through the chair. Is there
another motion on the floor?
Um, as you're looking for a yay or a
nay, I will make a motion to deny this
obligation.
>> Okay. Motion on the floor for denial. Is
there a seconder for that?
Now, all in favor of denial
and opposed to that.
Two opposed.
So the motion is carried and the
application is denied.
>> Thank you.
>> Okay. Thank you. Um the uh through
through the chair, we did have one more
application to be heard and then we were
going to take a break. Did you want to
take a break now? Did you want to hear
that?
>> Do you have any uh correspondence with u
631?
>> Yeah. Yeah. Anna. No. No. Yeah. Okay.
>> Yeah. We'll have a break now and then
we'll come back.
>> Yeah.
>> Okay. Okay. I don't know. Five
>> 10 minutes.
>> Okay. We'll take a break now and then uh
we'll come back. We'll reconvene around
11:35 a.m. Okay.
>> Thank you.
the meeting
>> have everyone sorry through the chair.
>> We had everyone's attention please.
>> Yes, we'll reconvene.
>> Um yeah. Uh we now next we have
a minor it's uh we have a minor variance
application A2026
0025842
King Street East Hamilton owner is NHDG
Quad Incorporated E Vancle applicant is
the same uh company and
the agent is Urban Solutions Planning
and Land Develop Velment Consultants
Incorporated. M Johnston.
Um just I don't know if this person
wanted to speak. I'll just uh we had an
interested party Randy Mlen
you here
either in the meeting room or
on WebEx.
Okay. Just check here.
Just give me a moment. Okay. Um, okay.
Since they're not here, um, I'll then
ask the applicant agent please step
forward and you have five, please
provide your name and you have five
minutes to speak. Thank you.
Musical chairs. Good morning, committee
members. My name is Scott Bey. I'm a
registered professional planner with
Urban Solutions. Nice to be here today
on behalf of uh, New Horizon Development
Group Quad, Inc. for the minor variance
application at 1842 King Street East. I
have read the city staff report and am
in support of their recommendation for
approval. Um I do have a presentation,
but I know we're a little bit behind
today, so I'm happy to forego that
presentation uh and instead just uh
answer any questions the committee might
have.
>> Okay. Thank you. The committee any
members have any questions?
pretty much straightforward. Is there a
motion?
>> Donica.
>> I'll make a motion to approve the
application
with the proposed notes with the revised
spirits as well.
>> Okay. Seconded by Mal. All in favor?
Opposed? Seeing none. Motion carried.
Application approved.
>> Thank you, committee.
Okay, it's now 11:45 a.m. Next, we have
a minor variance application. A2026
000262
311 Kaswick Court Hamilton.
Owner is A. Frasier, I Frasier, and D.
Zimmerman. Applicant is A. Frasier and
I. Frasier. Agent is Sarah Brown, Home
Design Incorporated. S. Brown.
Are there any members of the public wish
to speak on this application? either
here in the meeting room or on WebEx.
Okay. Seeing none, unless the applicant
or agent, please step forward. Please
provide your name and you have five
minutes to speak.
>> Oh, sorry. Um I believe development
planning wanted to speak first on this
one. Sorry. Go ahead.
>> Yeah. Uh through the chair, um staff
have reviewed the comments provided by
the negrocarbon commission. staff are
unable to support the proposed variance
as it has been identified that the
Niagara Escarment Plan uh does not
permit uh detached accessory dwelling
units in their plan area. Uh the lands
are designated urban area in the
uh NEC plan and are within the
development control of the city of
Hamilton. Um, urban Hamilton official
plan policy C.1.1.1
ident identifies if there's a
discrepancy between the official plan
and the narrment plan, the most
restrictive policy will prevail. Uh, in
this circumstance, the negroscarment
policy is more restrictive in that it
does not permit uh detach accessory
dwelling units. As such, staff are not
able to support the variance. Thank you.
I have a question to that and I don't
know if you can answer it or not.
There is an existing ADU on the property
now.
>> Sorry, my name is
the owners. Uh there is an existing
garage which the owners would like to
put an addition on and then convert the
garage and the addition to an ADU. So
there's an existing building, but it is
currently a a garage that you can't park
a car inside of it right now. Uh but so
it's basically just a storage building.
>> So in other words, the ADU new is being
attached to the
existing
>> garage. Correct.
>> Yeah. And then the garage will be
converted as part of the ADU. It'll be
one building. Okay.
So can we uh hear from the agent? Go
ahead.
>> Sure. Um I was not aware of this uh
recent development. So um basically we
were in support of staff's
recommendation uh including the
conditions for the tree protection plan
and the landscape plan. Um
so I'm not sure where to go here. I'm
sorry. I'm a little surprised.
>> Yes. Just for the chair. Yes. I believe
the Niagara Scarment Commission comments
came in on August 24th and then uh
immediately after we we did post it on
the website as well.
>> Yeah.
>> What th what threw me off here was on
the drawing it says existing ADU
building on the drawings accessory
dwelling unit.
So I interpret it as addition to an
existing ADU
which conflicts again with NEC.
>> Right. So
>> if that was an existing ADU which I
which is on the drawing here.
>> Yeah.
>> I might have a bit different opinion but
if it is a garage and a garage only.
>> Yes.
>> Then we have a problem.
>> Right.
>> Okay.
comments from staff on this.
>> That's what I was gonna ask.
>> Good morning. Three chair Spencer
Skidmore, acting manager of development
planning east team. Um, so this one
we've we've had this once before. It's a
bit of a I'll say a quirk in our policy
and in our zoning bylaw in that
the way the Niger plan is set up, it
applies development criteria to the
entire plan area. So that applies to
like um rural lots um in the escarment
area um equally as it applies to like
these types of lots in the urban area.
It doesn't distinguish between the two.
So what it says is the Nagascar plan
says that you can't have you can have
ADUs but they have to be attached. You
can't have detached ADUs and that
applies to the entire plan area the
urban area inclusive. Um, now our
official plan does permit ADUs in all
designations and our zoning also permits
ADUs. Um, so there's a bit of I would
say a conflict between our official
plan, our zoning and the Niger plan.
With that being said, our official plan
has policies that say where there is a
conflict, the NEP, which is a provincial
document prevails. So from a from a land
use planning perspective our our
comments are there in terms of in terms
of impact but from a policy perspective
um because the NEP has provided comments
and doesn't support it we're technically
unable to support it because our
official plan um does defer to the
Niagara scarment plan and their policy.
Um, there has been one other situation
where there was a variance um, for a
similar situation. Um, and I believe
that one was supported and I don't
believe it was appealed by the United
Commission as far as I'm aware.
>> Happy answer to any questions. Thank
you.
So
just for my own personal satisfaction
here, if it was the ADU was attached
to the principal dwelling, it would be
fine.
>> That's correct. U the NEP only permits
ADUs that are attached to the primary
dwelling. It does not permit detached
ADUs. So if it was attached, it would be
permitted and under the NIS government
plan and likely our zoning bylaw
depending on setbacks and everything. Um
but that's the distinction. You're you
hit the nail on the head. Thank you.
>> So the fact that the ADU is attached to
the garage doesn't fly.
>> Okay.
>> Through this chair. That's correct. So
it would have to be attached to primary
dwelling to be considered an attached
ADU. Thank you.
>> Okay.
So we
you understand what's going on. I mean
we can table it but
as a detached
ADU.
You know the problem.
>> Yes. And I don't I don't really see how
tableabling it will um change what the
owners would like to do with the lot.
Yeah.
>> Um, attaching it to the principal
dwelling is probably not an option for
them. Um, they would like to reuse the
existing building that is there um and
then develop this um detached additional
dwelling unit for their in-laws and um
to be on the lot. So, attaching it to
the principal dwelling is probably not
an option.
>> Not an option.
>> I wouldn't think so. I mean, we could
table it and I could ask them.
>> I mean, we could table it and you can
have that conversation with them.
>> Yes. Um but um
and and and the application sits
>> in limbo. If we deny it, it's denied and
then over reapply.
>> Yes. So if that's
>> Have you ever talked to the conservation
authority yet about it?
>> Uh no, we have not.
>> Would that be a chance to get talk to
them and see what you can come up with?
>> Yes, we could do that.
>> Willing to do that rather than deny it
and table it and do it that way?
>> Yes.
>> Okay, good. Sounds good.
>> I'll make a motion to table.
>> A motion made by Mel, seconded by I'm
going to say Donna. All in favor?
>> Opposed? One opposed.
>> Uh Nick.
>> So motion's carried, application is
tabled.
>> Okay. Thank you very much.
>> Thank and thank you to the applicant
regent. We will staff will be in touch
with you shortly in terms of how to
proceed.
>> Okay. Thank you.
Okay, it is now 11:54 a.m. We have a uh
minor variance application A2026
000053
22 Lydia Street Hamilton.
Uh owner is a Govia. Applicant is the
same person. Um
is there any members of the public who
wish to speak on this application either
on here in the meeting room or on WebEx?
Okay, seeing none, I'll ask the
applicant or to please step forward and
please provide your name and you have
five minutes to speak. Thank you.
Good afternoon, uh, committee. Um, I'm
applying for a minor variance to an
existing garage.
And that's it.
Did you have a chance to read the
comments that were posted?
>> I did. And that was that was discussed
earlier uh in back in July with uh a few
of the members
committee.
So the minimum setback
um
they're recommending denial on on
variance 4
>> which is which one?
>> Uh the setback of 0.9 meters from the
railway rightway.
>> Okay.
>> Instead of the requirement that it be 30
m. Uh, I had spoken to someone, I forget
who it was, uh, in regards to that, and
they said they looked into the
neighborhood and there was a lot of
homes that, uh,
are that Yeah. are in close proximity to
the
>> Okay,
>> Donna,
>> can staff comment on that?
um through uh Anthony Mancini uh
planning technician one uh through the
chair uh staff worked with the applicant
on the on the variances that were
requested. Uh this additional variance
was identified in the review since it
was tabled. Um staff uh are unable to
support that variance as it's uh as the
intent is that um that the 30 meters be
provided from a railway. Um staff do
acknowledge that it's uh that the
applicant could not meet that 30 m
setback but um but acknowledge from a
policy policy perspective staff are
unable to support that I believe it's a
0.9 m setback to the rail right away.
Yeah. Thank you
to the chair. Just to add just to
compliment my colleagues um comments on
the application. So we do recognize
that, you know, a good chunk of this
neighborhood is within 30 mters of that
rail right ofway and this is just an
accessory structure. So the impact and
the risk I think would be low. However,
we're unable to support it as the policy
tests under the planning act don't we
don't feel that they satisfy it.
However, we recognize this is a bit of a
unique circumstance where it is a it's a
garage, not a structure. and there is a
number of encroachments kind of
throughout the neighborhood within that
30 meters including the existing
dwelling on the property which is just
set back a similar distance. Um so but
with that being said we we're unable to
support it because it doesn't meet the
technical test under the planning act.
Thank you.
>> So just so you understand that this is a
situation that's why the committee's
here right
>> the policies are in place and and
planning has to follow policies that are
there.
>> Absolutely. And um that's why this
committee of adjustment is here to look
at gray areas that
>> of course
>> make sense
>> of course
>> um in saying that the committee y
>> um yeah I would like to say with the
explanation of variance 4 um seeing that
there would be no ability to do anything
on that property and seeing that it is a
an accessory structure um I would make a
motion to approve the application for
all four variances.
>> Okay. Uh is there a second for that
motion? Buff. All in favor? Opposed?
Seeing none. Motion carried. Application
approved.
>> Thank you very much, ladies and
gentlemen. Thank you.
the next.
>> Okay, it is now 11:59 a.m. and uh we
have two applications. They're related
to each other. So, I'm assuming uh the
committee would want to hear them
together. Yep.
>> So, first is a consent B2026
00243
1219 Highway number 8 Stony Creek. Owner
is Brat Brent Haven Renona Hills
Incorporated. T Oleni,
I apologize if I mispronounced your
name. Applicant is the same company. And
then we also have a minor an associated
minor variance application A202600244.
Same address, same owner, and same
applicant.
Uh just want to check, we did have an
interested party. I don't know if
they're here. Um, Gloria Maronado,
are you here?
Okay. I just wanted to check if she was
attending. Okay, since she's not here,
is there any other members of the public
wish to speak on this application either
in the meeting room or on WebEx?
Okay, seeing none, I'll ask the
applicant or agent please step forward.
Uh, please provide your name and you
have five minutes to speak. Thank you.
>> Oh, sorry. Which
>> Yeah, which application are you here
for?
>> Oh, um,
0210.
>> Oh, you're here for the next one. Okay.
Yeah. No, that's fine. You could take a
seat. Thank you. I thought you were here
for this this current application. Okay.
Um, sorry to the applicant or agent. Uh,
yeah. Uh, please provide your name and
you have five minutes to speak. Thank
you.
>> Hello, members of the committee. Uh, my
name is Tom Alani. I'm the applicant and
represent the honor regarding the
concurrent concerning minor variance
applications for block 51. It's located
within the WOO subdivisionally
known as 1219 Highway number eight. I've
reviewed staff reporting conditions and
I'm happy with the recommendations for
approval. Uh thank you and I'm available
to answer any questions.
>> Okay. Does the committee have any
questions on uh we'll deal with both of
these uh at once.
>> No questions.
>> Motion. I'll make a motion to approve
the severance as well as the minor
variance with all the proposed
conditions and the notes.
>> Okay. Second by Bob
>> and Anna. Did we have to provide an
update on this one in terms of the the
conditions?
Was there not a
>> Yes. Yeah. through the chair just to
update the uh the committee. Uh there
was a condition that was that was missed
there on the staff comments for the
consent application. There's actually a
um an administration fee uh that's for
the creation of the lot that we didn't
include. So just unless there's any
questions about that. Yeah. Um that just
wanted you to be aware of that.
>> Yeah, it's um
typically uh let me see if I can find
wording for that. Um
you would have you you may have seen it
in other consent applications.
Let me see if I can find one. Okay.
Okay.
>> So, to the agent, there's one additional
um condition.
>> Oh, there it Oh, and there's Yeah. The
owner submits to the committee of
adjustment office an administration fee
payable to the city of Hamilton to cover
the cost of setting up a new tax account
for each newly created lot. Committee of
adjustment section. And I believe
generally that's usually around $20.
Okay, that includes that condition and
Robert, you second it. Right. All in
favor?
Opposed?
Seeing none. Motion carried. Application
approved. Both.
>> Thank you.
Okay, it is now
12:03 p.m. Please. We now have a consent
application. B2026
00210
8155 Chipoa Road. Sorry, 8155 Chipoa
Road East Glenn Brook. Purchaser Bansoon
and Tonsoon.
Owner is GLP Dundis Incorporated.
Applicant is Ashenhurst Noans and
Associates Incorporated. H Kansikos.
Apologize if I mispronounced the name.
agent is the same uh company.
Is there any any members of the public
who wish to speak on this application
whether in the meeting room or on WebEx?
Okay. Um,
seeing none, I will uh
I'll ask the applicant or agent uh uh to
uh step forward. Please provide your
name and you have uh five minutes to
speak. Thank you.
>> Yeah, that's you. Yeah.
>> Yep.
>> Um is the the agent on there?
>> Oh, okay. Oh, sorry.
>> Yeah. Yeah.
>> Yeah, I see him. Yeah, I see him here on
WebEx. Harry
>> Harry.
>> Yeah, if you want to unmute yourself and
>> Can you hear me?
>> Yes.
>> Yes.
>> Hi there. Harry Kellen Zachos
representing the uh purchaser and
seller. Um we've received the comments
and we're proposing to table it since
there's no public comments to address
the comments with the city.
>> Okay. So, your wishes are to table at
this time. Yes, please. Okay.
>> Make a motion to uh table the
application.
>> It's well through the chair. Yeah, it's
up to the applicant if you uh how you
wish to proceed. Staff are recommending
tableabling, but it's your application.
So, ultimately, it's your hire the
planner. I know the process very well.
um truck driver by trade and uh so
>> I don't know if you want to speak with
the planner or offsite maybe or or
>> if if tableling is the best course of
action. I just I know for me we have a
deadline with the seller for November
5th. Um so we're just trying to
try to get by that deadline and like I
said I don't know the process very well.
Okay. So I didn't know if there's
anything I can do because I don't know
how to move.
>> Yeah, it's um so a recommendation from
planning is to table and then
>> uh have a conversation with them and see
if uh you know you can get different
comments or favorable comments.
>> Yeah, can help you get that.
>> Yeah, Robert, I'm just curious why the
reason for tableabling by via staff
Um good afternoon Spencer Skidmore,
acting uh manager development planning
east team through the chair. Sorry, I'm
getting some feedback. Uh through the
chair, um there's two reasons for
tableabling. The first is so lot line
adjustments are permitted for legal or
technical reasons. Um they've identified
I believe the legal technical reason
would be it's an undersized lot and they
want to increase it to meet our minimum
lot size for private on-site servicing.
The issue is there's also criteria for
that that say um one of the things is
it's okay but there can't be further
fragmentation of a natural heritage
feature in terms of ownership and there
is a natural heritage feature identified
on the site per our natural heritage
planner. So we just want to chat with
them to determine um whether that
fragmentation kind of the extent of it
um whether there's going to be any
impacts that kind of thing. So that's
one item and I think that can be
resolved hopefully through a discussion
with natural heritage planning and and
perhaps a meeting with with the
applicants planner. The other item is um
so the portion of the lands to be added
or conveyed are industrial existing
industrial zoning and if the applicant
um I think currently there is some
residential accessory structures like a
gazebo and stuff on there and those
technically wouldn't be permitted
because they're res they support a
residential use. Um, so we would have to
talk about potentially removing those
accessory structures, um, as they
wouldn't conform with the underlying
zoning. Um, so that's another discussion
item we'd have to have with the
applicant. Thank you.
>> My apologies on that if I missed it if
it's in the notes.
>> So, okay.
>> Okay. Motion for table.
You got it.
>> I'll make a motion to table the
application.
>> Okay. Seconder, Donna. All in favor to
table. Opposed. Seeing none. Motion
carried. Application tabled.
We've got to go back to
Thanks. Yes. Through the chair. Yes,
that was um I believe it's
631.
Yes, it was a minor v. So, it's now uh
12:08 p.m. And we're returning to a
previous minor variance application that
was on that's on the agenda. A2026 00215
631 Highway number eight Flambor owner
is Jay Johnson applicant is RNR Designs
Limited Arcana agent is the same company
just to let the committee know we did
attempt through email to contact them
and we also had a staff member call as
well and we didn't get a response so um
I'll leave it to the committee how you
wish to uh proceed with this application
so Excuse
me. Favorable comments, a couple of
conditions, but uh if I'm right,
what's the wishes of the committee? You
want to grant this one? Make a motion to
approve the application with the
proposed conditions
and notes
in their absence.
>> Okay. Seconded by ML. All in favor?
Opposed? Seeing none. Motion carried.
Application approved. Thank you. And
through the chair, we will notify the
applicant about that applicant region.
Um, next to
it's now 12:09 p.m. Chair and staff
announcements. So, chair, do you have
any announcements to the committee?
>> Nope. Okay. Yes. And then uh
>> next meeting is
>> the next meeting is
I believe it's September 17th. Yeah. And
then through the chair we did send you
um a decision has been uh made by the
Ontario Land Tribunal for um it was a
consent and minor variance application
for 178 Orchard Drive. And I believe the
committee denied those applications and
then the uh applicant appealed it to the
OOLT and the OOLT has now uh approved
the applications with conditions. Um so
I've c we've circulated the the decision
to you so you can review it when you
have time and if you have any questions
you can always contact us. Uh another
thing we want to let you know starting
in September 17 you'll start noticing a
change in our agenda. Currently, you see
we have a time associated with each
application what time it's going to be
heard,
>> right?
>> Um we're going to be taking that out.
>> Yeah. And it was just determined through
staff it would just help in terms of the
overall efficiency of running the
meeting.
>> Yeah.
>> Okay.
>> Okay.
>> On the 17th I'll probably
on the 17th I'll probably be in
Walkerton. If I can get on be online.
>> Yeah, you can participate back. Yeah,
you can participate virtually if you
want. Yeah.
>> Okay.
>> International power match is what it
was. And
>> if there wasn't anything else, motion to
motion for journal.
>> Mel, you need a second or a second.
>> Okay. All in favor?
>> We are journ at 121.