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Committee Approves Most Variances, Denies One - 02 Sep 26

Oakville · AI-assisted summary by Claude and Parth · Published

City Council Committee of Adjustment Meeting

The Committee of Adjustment reviewed minor-variance applications for residential additions, new-home construction, a hot tub and a gas-bar redevelopment. Members approved applications at 350 Airqua Road, 3113 Cardress Court and 448 Third Line, and denied the application for 262 Trobridge Place after finding it did not meet the intent of the town's newly amended zoning bylaw. An application for 1321 Duncan Road was discussed as a resubmission, but no final decision was provided in the supplied material.

Topics Discussed

NEW ZONING BYLAW AND 262 TROBRIDGE PLACE

Application 88 of 2026, for 262 Trobridge Place, sought variances for a side-yard setback of 1.22 metres instead of the required 1.8 metres and a residential floor-area ratio of 58.5% instead of 55% for a side and rear addition to an existing single-family home.

Committee members focused on whether the proposal fit the intent of the newly adopted zoning rules. Mr. Talowski said, "the ink's not dry in the new bylaw and the very first application this committee hears with the new sideyard setback requirements, we're being asked to approve a 1.2 meter setback when 1.8's required for a 15 meter long two story wall." Mr. Tasks added, "I don't believe the cumulative impacts are minor, but I also do not believe that the sideyard setback and height variances meet the intent of the new zoning bylaw."

Another member questioned why the design had not been revised as the bylaw changed, saying, "with everything that you've said today, it just seems that you just plowed right ahead with your plans versus rechecking and reassessing what the impact of the new bylaws are to your building project." The application was denied.

448 THIRD LINE

Application 109 of 2026, file 16783, sought six variances for a residential development at 448 Third Line, including a residential floor-area ratio of 53.6% instead of 49%, side-yard setbacks of 1.70 metres on the north side and 1.22 metres on the south side, plus relief for lot coverage and building height.

The applicant said the design had been revised over more than five months with planning staff, including reducing the rear portion from two storeys to one-and-a-half storeys and using setbacks and roofline changes to reduce visual mass. Planning staff supported the application. Mr. O'Hare said that "through planning and development, urban design and development engineering there were no concerns" and that staff considered the variances "minor in nature desirable for the appropriate development of land in keeping with the official plan and in keeping with the zoning bylaw."

The committee approved the application. In moving approval, Mr. Dicki said he was "satisfied that the variances are minor in nature and conform to the four tests under the Planning Act."

350 AIRQUA ROAD

The Committee approved variances for redevelopment of the existing gas-bar site at the southeast corner of Airqua Shore Road and Trafalgar Road. The project includes a convenience store and an A&W restaurant.

One variance reduces the required portion of the main wall located within the flankage yard from 35% to 1.4%. The applicant said that change was needed to comply with the Technical Standards and Safety Authority liquid-fuels code, which requires attendants to remain within 50 metres of fuel dispensers.

A second variance permits the combined commercial uses to operate as 43.4% restaurant space and 56.6% convenience-store space. The applicant said traffic studies had already been completed through the site-plan process and that the proposal had been reduced from earlier versions before coming to the committee.

OTHER RESIDENTIAL AND ACCESSORY-USE APPLICATIONS

The Committee approved a minor variance for a hot tub at 3113 Cardress Court. The variance allows a 1.5-metre setback from the property line instead of the required 3.5-metre flank setback. The applicant cited the lot shape, rear emergency egress and existing gas facilities. Conditions require construction according to the submitted site plan, hedge trimming to maintain fire-department access and compliance with a related fence variance.

A separate residential dwelling application was also approved with a 9-metre building height and conditions requiring conformity with the approved site plan and elevation drawings, plus a two-year expiry if a building permit is not issued.

Application 96 of 2026, for 1321 Duncan Road, was identified as a resubmission with design changes. It seeks a residential floor-area ratio of 45.31% instead of 41% and lot coverage of 30.23% instead of 25%. One objection letter, from Arthur Lang, was noted. No final decision was provided in the supplied material.

HEARING PROCEDURES AND APPEAL RIGHTS

The committee also outlined hearing procedures for livestream viewers. Residents who wish to speak may call 905-815-6095 and press star six to unmute when called. Applicants, public delegations and applicants responding to public comments each have up to five minutes.

The chair said: "In November of 2022, Bill 23 legislation, the more homes built faster act, amended the planning act to remove all appeal rights for members of the public." Appeals may now be made only by applicants and specified persons or public bodies. Written decisions are to be mailed within 10 days for minor variances and 15 days for consent applications, and residents must submit a written request to the secretary-treasurer to receive notice.

Motions

Approved - Application 98 of 2026 / SP512042/1 — 350 Airqua Road - 3113 Cardress Court — hot-tub variance - Application 109 of 2026 / File 16783 — 448 Third Line - One additional residential dwelling application, subject to approved plans and a two-year building-permit deadline

Denied - Application 88 of 2026 — 262 Trobridge Place

Pending / no final decision provided - Application 96 of 2026 — 1321 Duncan Road

Attendees

The supplied material does not provide a complete attendance list. Participants identified in the discussion were:

  • Mr. Talowski
  • Mr. Tasks
  • Mr. Dicki
  • Mr. O'Hare
  • Miss Price
  • Tellesky

Watch the source meeting · Read transcript