Hamilton Committee of Adjustment Meeting Summary

The Hamilton Committee of Adjustment approved minor variances, consents and land adjustments involving residential development, townhome severances, downtown intensification and accessory structures. It denied an application to expand a residential garage for contracting and snow-removal equipment, deferred three applications and approved an agricultural boundary adjustment despite staff questions about whether it met provincial policy.

The committee also removed individual application time slots from future meeting agendas. Applicants and residents were told to arrive by 9:30 a.m. and remain for the duration of the meeting. The meeting adjourned at 11:22 a.m.; the next meeting was scheduled for October 8.

Topics Discussed

1. Meeting procedure and application status

The committee removed individual time slots for applications to improve meeting efficiency. The meeting announcement stated:

"A decision has been made to remove those time slots just to help with the operational efficiency of the meetings."

Applicants and members of the public were advised to arrive at 9:30 a.m. and expect to stay for the entire meeting. People seeking notice of future hearings were directed to submit an interested-party form or email cofa@hamilton.ca.

Applications at 3230 McNeely Road, 58 Chatham Street and 40 Kingsmount Street South were deferred or tabled.

2. Residential development and severances approved

The committee approved:

• A fourplex at 23 Centennial Parkway South, Stoney Creek (A2026-00293), with five parking spaces instead of the eight required under standard zoning provisions.
• A three-parcel severance for street-oriented townhouses at 560 Barton Street, Stoney Creek (B202600299).
• Severances and lot adjustments involving 17 and 29 Barton Street East and 271 Houston Street North (B202600249 and B202600250), subject to zoning-compliance review.
• A height-related variance for 18 King Street East, Hamilton (A202600330).
• A variance for intensification at the former Luna site near Queen Street and King Street West (A20260032). David Petta described it as "a really important site at the edge of the downtown" and said the project would bring "a new intensification project right along your LRT." He said staff were recommending approval.
• A consent application at 393 Rymal Road West (B202600275), after staff confirmed that a separate legal matter did not prevent the committee from considering the application.
• Minor variances at 166–168 MacNab Street North, 316–320 Ancaster Road, 442 Houstonman Lane and 31 Chatham Street.
• A covered, open-air rear patio at 9 Homeland Avenue.

3. Rural land, road widening and source-water protection

The committee approved an agricultural boundary adjustment at Tinyside and Chippawa, creating an 18.68-hectare agricultural parcel and a retained residential parcel of 0.88 hectares. Staff questioned whether the adjustment met provincial requirements for a "minor" boundary adjustment. The applicant said the agricultural operation would remain intact.

The committee also approved the adjustment after staff confirmed that site-alteration permits and Niagara Peninsula Conservation Authority reviews addressed substantial grading and imported fill. The approval included a three-metre road-widening dedication.

At 3325 and 3417 Tyneside Road, the required road dedication was reduced from 7.5 metres to approximately three metres to avoid damaging an existing fence while maintaining access to ditches and culverts.

For rural severance applications near provincial highways, the committee discussed Ministry of Transportation permitting. At 2550 Albertson/Albertton Road, Ancaster (B202600094), the committee used an advisory note rather than a binding MTO condition because the proposed severance was approximately 83 metres from the highway right-of-way.

4. Accessory structures, trees and archaeological conditions

The committee approved additional accessory coverage for a homeowner with a 750-square-foot bungalow who wanted to add a rear-yard storage shed. The applicant said the storage would help the family remain in the home.

At 81 Mountain Avenue, the committee approved an accessory structure on a landlocked property with a setback of approximately 0.9 metres rather than the requested 0.7 metres. Tree-protection and landscaping requirements were retained. Staff discussed drainage, maintenance access, roof projections and tree protection.

The committee also approved the consent and variance applications for 461 Kitty Murray Lane, Ancaster (B25034 and A25102), while amending the archaeological condition to require work "as required." Scott Dickinson said an archaeological assessment would be required because the property is within a water catchment area and near a known archaeological site. The committee also retained a condition requiring demolition of the existing home.

5. Denials, appeals and deferred matters

The committee denied the variance for 13 Clover Hill Road, Hamilton (A202600165). The application sought to expand a residential garage for contracting and snow-removal equipment. The chair cast the deciding vote after a tie. Staff said contractor establishments are not permitted under the applicable residential home-business rules.

The committee deferred or tabled:

• 3230 McNeely Road, Stoney Creek (B202600014), deferred before the hearing.
• 58 Chatham Street, Hamilton (A202600314), removed from the agenda and tabled.
• 40 Kingsmount Street South, Hamilton (A202600108), tabled at the applicant's request.
• 25 First Street South (A2026-00283), with proceedings continuing at the close of the available meeting record.

Staff reported that decisions involving 138 Herkimer Street (A202600236) and 838 Jerseyville Road West, Ancaster (A202600248) had been appealed to the Ontario Land Tribunal.

Motions

Passed

• A2026-00293 — 23 Centennial Parkway South: Fourplex variance approved with five parking spaces.
• A2026-00225 — 9 Homeland Avenue: Rear-patio variance approved.
• B202600299 — 560 Barton Street: Three-parcel severance approved.
• A25171/B25060 — Tyneside Road: Variance and consent approved with an approximately three-metre road dedication.
• Tinyside and Chippawa: Agricultural boundary adjustment approved.
• B25034/A25102 — 461 Kitty Murray Lane: Consent and variance approved; archaeological condition amended to include "as required."
• A202600330 — 18 King Street East: Height-related variance approved.
• A20260032 — Queen Street and King Street West: Former Luna site variance approved.
• A202600306 — 81 Mountain Avenue: Accessory-structure variance approved with tree-protection conditions.
• B202600094 — 2550 Albertson/Albertton Road: Consent approved with an MTO advisory note.
• B202600249/B202600250 — Barton Street and Houston Street: Consents approved with zoning-compliance conditions.
• Variances at 166–168 MacNab Street North, 316–320 Ancaster Road, 442 Houstonman Lane and 31 Chatham Street approved.
• B202600275 — 393 Rymal Road West: Consent advanced with conditions.

Rejected

• A202600165 — 13 Clover Hill Road: Variance to expand a residential garage for contracting and snow-removal equipment denied.

Deferred or tabled

• B202600014 — 3230 McNeely Road: Deferred.
• A202600314 — 58 Chatham Street: Tabled.
• A202600108 — 40 Kingsmount Street South: Tabled at the applicant's request.
• A2026-00283 — 25 First Street South: Hearing continued.

Attendees

Named participants included:

• Spencer Skidmore, acting manager of development planning
• Tim Vroomman, area planning manager
• Jen Katarino, area planning manager
• Scott Dickinson, culture heritage planner
• Helen MacArthur, senior engineer
• Matt Johnston, Urban Solutions
• James Webb, Webb Planning Consultants
• Ryan Ferrari, A.J. Clark and Associates
• David Falletta, Bousfields Inc.
• David Petta, Bespoke/Bellfields Inc.
• Shannon Mai, Landwise
• Michael Ezadi Pongetti
• John Sterling
• Applicants, agents and members of the public cited in the hearing records