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Committee of Adjustment
February 15, 2022
What was decided (8 motions)
6 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.
Resolved that the Minutes of the meeting held January 18, 2022 be approved.
Moved by Member A. Mottershead, seconded by Member D. Beck
Carried
Resolved that Submission A05-22, by Naimul Lodi for 349 Book Road to permit a interior side yard (north) setback of 0.91m, whereas 1.8m is required; to permit a interior side yard (south) setback of 0.94m, whereas 1.8m is required; to permit a front yard setback of 5.2m, whereas 8.13m is required; to permit a front yard encroachment of 2.54m, whereas 1.5m is permitted, be
Moved by Member D. Bailey, seconded by Member D. Beck
Deferred
Resolved that Submission A08-22, by Les Wilson for 254 Main Street West to permit a secondary suite solely within a cellar, whereas a secondary suite not located solely in a cellar is required; to permit a side yard entrance, whereas the exterior appearance of the dwelling is unaltered to accommodate the unit except for replacement basement windows and/or changes to accommodate rear basement entries is required, be approved.
Moved by Member D. Beck, seconded by Member D. Bailey
Carried
Resolved that Submission A06-22, by Sara Biasetti and Derrick Franklin for 8 Cottage Avenue to permit a interior side yard (west) setback of 0.99m, whereas 1.8m is required; to legalize an existing interior side yard (east) setback of 1.63m, whereas 1.8m is required, be approved with condition of the applicant providing two parking spaces on the subject lands.
Moved by Member D. Beck, seconded by Member D. Bailey
Carried
Resolved that Submission A31-21, by The Reinders Group for 25 Bartlett Avenue to permit 23 parking spaces for 20 units, whereas 30 parking spaces are required; and to permit parking spaces outside, whereas parking spaces are required to be located within the building, be approved with condition that the reduction in parking only apply to a minimum of 5 rental apartments being dedicated to adults experiencing disabilities.
Moved by Member A. Mottershead, seconded by Member D. Bailey
Carried
Resolved that Submission A07-22, by Hugh and Marina Hockton for 13 Parkwood Road to permit a front yard setback of 4.8m, whereas 7.55m is required; to legalize an existing fence within 0m of street line, whereas fences, freestanding walls, flagpoles, antennae, light standards, and similar accessory structures and appurtenances, and hedges, trees and shrubs are permitted, but in the case of a lot situated in any Residential Zone, no fence, structure, hedge or obstruction that is more than 0.8 metres in height is permitted within 4.5 metres of any street line, is required; to permit an accessory building interior side yard setback of 0.4m, whereas 0.6m is required*, be approved. *Correction: the additional variance added during the meeting was removed as it was determined by Town staff this action was in contravention of s. 45(5) and s. 45(6) of the Planning Act.
Moved by Member H. Nobes, seconded by Member D. Beck
Carried
Resolved that Submission A09-22, by Nicola VA Kelson Limited Partnership for Southwest corner of South Service Road and Kelson Avenue North to permit a minimum yard abutting a residential use of 12.85 metres, whereas the minimum by-law requirement is 70 metres (Site Specific Exception 174); to permit the minimum parking requirement of 628 spaces (1 per 105 m2 GFA), whereas the minimum by-law requirement is 738 spaces (1 per 90 m2 GFA) be
Moved by Member A. Mottershead, seconded by Member D. Beck
Deferred
Resolved that Submission B01-22, by 43 West Avenue N (Hamilton) Inc. for 260-270 Hunter Road for consent to sever land shown as “Lands to be Severed” into 2 lots, as well as implementing easements on the properties. Parts 1 to 7 are to be retained for the existing LIUNA training facility (260 Hunter Road), while Parts 8 to 11 are to be severed for the existing brewing establishment, shown on the circulated sketch as • Part 1 – 260 Hunter (260), the Retained Parcel to be owned by 34 West Avenue N (Hamilton) Inc. • Part 2 – 260 subject to easement in favour of 270 Hunter (270) for storm services • Part 3 – 260 subject to easements in favour of 270 for storm and sanitary services • Part 4 – 260 subject to easements in favour of 270 for access, storm and sanitary services Page 9 of 10 Committee of Adjustment February 15, 2022 • Part 5 – 260 subject to easements in favour of 270 for storm services • Part 6 – From one metre below grade and above, owned by 270 subject to above grade easements in favour of 260 for access and storm services. Below grade, owned by 260 with support and easements in favour of 270 for storm and water services, utilities, access and maintenance • Part 7 – 270 subject to easements in favour of 260 for storm services, utilities and maintenance • Part 8 – From one metre below grade and above, owned by 270 subject to easements in favour of 260 for storm services, maintenance, access and exclusive use parking. Below grade, owned by 260 with support and easement
Moved by Member H. Nobes, seconded by Member A. Mottershead