Committee of Adjustment Meeting: Housing, Severances, and Zoning Variances

The Committee of Adjustment considered applications involving new housing, lot severances, parking requirements, accessory structures and unpermitted construction across Hamilton and Flamborough. It approved several residential variances, including applications for a fourplex at 61 Broadway Avenue and a basement secondary dwelling unit at 248 Skinner Road. Other applications were tabled or denied because of unresolved zoning, parking, environmental, heritage or engineering issues.

Topics Discussed

BEACH BOULEVARD SEVERANCES: Applications for two-home developments deferred

The committee deferred applications for proposed severances at 1007 and 1017 Beach Boulevard.

Residents raised concerns about smaller lots, increased density, parking, building height, flooding, sewer capacity and front-yard landscaping. At 1017 Beach Boulevard, residents said flooding and sewage backups had affected the area and questioned whether the site could accommodate vehicles associated with two new homes.

Planning staff identified unresolved issues involving lot area, lot frontage, building setbacks and landscaping. Staff said the proposal provided 29% front-yard landscaping, compared with the 50% required by the bylaw. A heritage-permit condition requiring a landscape plan had also not been completed.

The applicant proposed two single-family homes instead of duplexes, removed the proposed basements, limited the buildings to 9 metres and increased a side-yard setback. Committee members said those revisions had not been formally submitted or circulated.

"I'm not going to make a decision on what's been said today unless it's on paper in front of us," committee member Robert said.

The committee tabled the application. Nick opposed tabling or denial, calling the process an example of "bureaucratic entanglement."

BARTON STREET CLINIC: Parking variance deferred

The committee considered an application to expand a medical clinic at 653 Barton Street East. The proposal would add clinic rooms and staff space above a former convenience store, but the property did not have the six legally registered parking spaces required by zoning.

The applicant identified parking arrangements at nearby properties, including a church and an adjacent lot. Staff said the arrangements were not registered on title and therefore did not satisfy the zoning requirements. Transportation and Forestry staff also opposed boulevard parking and requested soft landscaping and street trees.

The committee tabled the application for further review of parking, access and planning issues. Agent Deepak Thiagi described the applicant's parking arrangements, saying:

"Our original site plan submission included four parking spaces within the Earl Street Boulevard together with five additional off-street parking spaces at the neighboring property 657-61 Barton Street East."

UNPERMITTED RURAL ADDITION: 95 Orkney Road application tabled

Jay Zoki applied for four variances to retain a living addition and attached garage at 95 Orkney Road in Flamborough. The addition was built without a municipal building permit, and staff identified an outstanding Order to Comply dated Aug. 25, 2024.

Zoki said the work followed business losses and serious health problems and was intended to accommodate his parents and growing family. He said the addition was built using engineered drawings and completed electrical and HVAC work but acknowledged that he did not understand the applicable zoning requirements.

The property is in a P7 zone. Staff said the size and use of the combined workshop and living area raised issues under the Rural Hamilton Official Plan and that a zoning bylaw amendment might be required.

"I don't even know how we would tear this thing down," Zoki said.

The committee tabled the application so the owner could meet with planning staff, provide additional information and determine whether the issues could be resolved without a zoning amendment.

HOUSING AND SECONDARY SUITES: Several residential variances approved

The committee approved variances for a new fourplex at 61 Broadway Avenue. It denied a parking-surface variance on the condition that permeable pavers be used for the driveway and parking space.

The committee also approved a basement secondary dwelling unit at 248 Skinner Road without requiring additional parking. The property has one garage space and one driveway space.

Other approved applications included:

• A reduction in the front-yard setback for a covered entrance at 763 Witherspoon Street in Dundas;
• A variance associated with a consent-to-sever application at 479–485 Springbrook Avenue in Ancaster; and
• An increase in the permitted height of a detached garage at 170 West 25th Street, from 4.5 metres to 4.87 metres.

An archaeological acknowledgement was included with the garage approval.

RURAL LAND AND PROPERTY ADMINISTRATION: Boundary and severance issues

The committee considered a boundary adjustment at 1573 Regional Road 97. The discussion focused on whether the owner should dedicate land for future road widening. Applicant D. Braden asked the committee to remove the condition.

"Land that's capable of being farmed should be farmed," Braden said. "The principle of surrendering farmland for eternity is not one that I support."

A motion was made to approve the application without the road-widening dedication, but the supplied record does not confirm the final vote.

Applications involving 305 Stone Church Road West, 83 Sanford Avenue South, 33 Sanford Avenue South, 1 Bishop Tonnos Way and 1329 Old Highway 8 were tabled or deferred. The recorded reasons included conservation-authority requests, engineering objections, incomplete documentation and planning concerns.

Motions

Approved

• A202600305 — 61 Broadway Avenue: Fourplex variances approved; parking-surface variance denied subject to permeable pavers.
• A202600366 — 248 Skinner Road: Basement secondary dwelling unit approved without additional parking.
• A202600381 — 170 West 25th Street: Increased detached-garage height approved.
• A20260038 — 763 Witherspoon Street: Reduced front-yard setback approved.
• A20260040 — 479–485 Springbrook Avenue: Variance associated with consent file B24D-75 approved.
• A20260036 — 336 Guyatt Road: Agricultural accessory-building location approved, subject to an archaeological note.
• Backyard accessory-building application: Approved after permit-related issues were addressed.
• Setback-reduction application: Approved after revisions to the building width and side-yard setbacks.

Tabled or deferred

• 1007 and 1017 Beach Boulevard: Severance applications deferred for further planning and servicing review.
• B202600219 — 305 Stone Church Road West: Tabled for at least six months for environmental and planning review.
• A24161 — 83 Sanford Avenue South: Tabled to address an engineering objection concerning merged parcels.
• A202600350 — 33 Sanford Avenue South: Tabled until Oct. 29 for additional documentation.
• A2026000088 — 653 Barton Street East: Tabled for parking, access and planning review.
• A20260029 — 95 Orkney Road: Tabled for further discussions with planning staff.
• A20260039 — 706 Upper Gage Avenue: Tabled at the applicant's request to address zoning and planning comments.
• Applications at 1 Bishop Tonnos Way and 1329 Old Highway 8: Tabled before the hearings.

Denied

• A202600139 — 291 Main Street West: Denied because converting the ground-floor commercial space to residential use in the C5299 zone would require rezoning rather than a minor variance.

Attendees

The supplied material does not include an official attendance roll. Committee members identified in the notes were Robert, Mal Mah, Monica, Mel and Nick. Other participants included applicants, agents and staff such as Shanu Jan, Deepak Thiagi, Caitlyn Gillis, Michelle Lorac, Ebony Trenton, Spencer Skidmore, Ryan Moore and Ross McIntosh.