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The Hamilton Committee of Adjustment held a lengthy meeting addressing numerous minor variance and consent applications across the city. Key issues included disputes over unpermitted structures, parking reductions for new developments, heritage tree protection, and agricultural land severances. Several applications were tabled for additional information, while others were approved despite staff recommendations for denial. Notable decisions included approval of a six-story residential development with reduced parking, a commercial grocery store with modified entrance requirements, and retention of a heritage farmhouse as an accessory dwelling unit.
Unauthorized Construction and Retroactive Variances
Multiple properties came before the committee seeking variances for structures built without proper permits. At 163 Albany Avenue, residents raised concerns about a structure described as "a house that they've built in the backyard" but labeled as a garage, requiring approximately eight variances. The committee heard that this "build first, apply later" problem is systemic across municipalities. Staff explained that when structures are built with building violations, owners must either comply by changing the structure or apply for minor variance, with the committee instructed to evaluate applications "as if it's not there as like a new proposal." The Ministry of Municipal Affairs provided no guidance on this recurring issue despite being contacted.
Heritage Tree Protection vs. Development
A significant dispute arose at 178 Orchard Drive where a $50,000 municipal silver maple tree was threatened by approved development. Sam Brush from Hamilton's Forestry Department stated: "If this was permitted to be built on that the large municipal tree in the front yard would not be able to incur that type of damage... that tree that is appraised at just shy of $50,000 wouldn't survive this impact." Despite forestry's recommendation to deny the application, the committee initially approved it, though the decision was later reversed after planning staff noted the tree's location wasn't indicated on surveys and there was uncertainty about driveway placement. The application was ultimately denied, with one committee member noting "no one can say that we don't care about nature."
Major Parking Reductions for New Developments
At 524-526 Upper James Street, a six-story, 20-unit residential development requested dramatic parking reductions from 25 required spaces to just 8 spaces. The developer argued the property falls under P1 zoning which "requires zero parking" and cited proximity to transit routes 20, 21, and 27. Residents raised concerns about existing parking shortages due to nearby Mohawk College and St. Joseph's Healthcare, with the city having already implemented 1-2 hour parking restrictions. Jennifer Blunt from 9 Duff Street stated: "We oppose a six-story development on such a small space...three stories I feel is the maximum that the area requires." Despite planning staff recommending denial of three of four requested variances, the application was ultimately tabled due to complex zoning complications.
Commercial Development Design Standards
A proposed Metro grocery store at 30-44 Dundas Street East requested four variances, with planning staff recommending denial of three. The most contentious issue involved the building entrance location—the developer wanted it on the side facing the parking lot rather than the street-facing facade. Planning staff emphasized policies "respecting providing principal entrances facing the street and close to the street as possible to promote pedestrian activity as well as an active street frontage." The developer countered that the location is "very suburban" with a highway interchange nearby and "far from a pedestrian-oriented area." After debate, the committee approved variances 1, 2, and 3 (including the entrance location) in a 3-2 vote, but denied variance 4, requiring a 3-foot planting strip along Levit Boulevard.
Agricultural Land Severances and Future Complications
At 63 Concession 7 East, an applicant sought to retain an 80-year-old heritage-listed farmhouse as an accessory dwelling unit while building a new primary residence on a 40-acre agricultural property. Planning staff raised concerns about future severance complications, with Jennifer from planning noting: "Let's say this house is sold in 10 years and somebody wants to come in and do a surplus farm dwelling severance, these two houses would have to be severed together along with the septic systems and all that kind of stuff. So the impact to the farming farmland is pretty big." Staff explained that under current policy, additional dwelling units must always stay with the principal dwelling, creating complications when new owners want to sever properties. Despite these concerns, the committee approved the variance application.
Motions
Passed:
- Application 825287 (163 Albany Avenue) - Approved with revised variance number two
- Application A26041 (134 Beach Boulevard) - Approved for three-story dwelling with reduced setback
- Application 826010 (721 Beach Boulevard, Krookies Pub) - Approved for wheelchair ramp with 2.4m setback
- Application A-826038 (558 8th Road East) - Approved for ADU with height and setback variances
- Application A-826045 (24 Amberwood Street) - Approved for garbage collection Mollock relocation
- Application A-26044 (Chilton Drive) - Approved for RV storage building
- Application A-26044 (3105 Fletcher Road) - Approved for parking reduction variance
- Application 826035 (Block 31B, Test Key Crescent) - Approved unanimously
- Application B260005 (169 Mount Albian Road) - Approved with modified conditions
- Application 826023 (Philpot Memorial Church) - Approved with revised variance 3
- Application 826029 (203/205 Victoria Avenue North) - Approved
- Application 825286 (20 Duke Street) - Approved for 5 additional basement units
- Application A26201 (35 Stanley Avenue) - Approved for single detached dwelling
- Application A26024 (63 Bond Street North) - Approved for front porch repair
- Application 826039 (27 Cumminsville Drive) - Approved for pool cabana setback variance
- Application A2634 (30-44 Dundas Street East) - Approved variances 1, 2, and 3; denied variance 4
- Application 82626 (308 Parkside Drive) - Approved
- Application 826030 (65 Concession 7 East) - Approved for heritage farmhouse retention
Denied:
- Application B26002 (58 Car Road West) - Denied unanimously for property severance
- Application 826027 (382 Canon Street East, Part 2) - Denied variance 1 for Part 2
- Application B26004/826032 (178 Orchard Drive) - Denied after reconsideration
Tabled:
- Application 826040 (Roxboro Park Development) - Tabled until late April
- Application A-826042 (371 11th Road East) - Tabled prior to hearing
- Application A26028 (21 Dundas Street) - Tabled until April 30th or May 19th
- Application 826031 (623 Milgrove Side Road) - Tabled for natural heritage site visit
- Application 826026 (524-526 Upper James Street) - Tabled due to zoning complications
- Application B26006/A263763 (63 Orchard Drive) - Tabled for further review
Attendees
The transcript does not provide a complete list of committee members' names. The following committee members and staff were identified as participating:
- Robert (committee member)
- Donna (committee member)
- Nick Lowers (committee member)
- Mal (committee member)
- Yanuka/Yanukica (committee member)
- Peter (committee chair)
- Anthony Mancini (Planning Technician)
- Spencer Skidmore (Acting Manager of Development Planning East Team)
- Jennifer Katarino (Area Planning Manager)
- Sam Brush (City Hamilton Forestry Department)
- Emily Bent (Cultural Heritage Planning staff)
- Daniel Barnett (Planning staff)
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