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Committee of Adjustment
May 17, 2022
What was decided (9 motions)
7 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.
Resolved that the Minutes of the meeting held on April 19, 2022 be approved.
Moved by Member D. Bailey, seconded by Member A. Mottershead
Carried
Page 2 of 6 Committee of Adjustment May 17, 2022 Resolved that a refund of $1,546.05 be issued due to the withdrawal of Submission A15-22, by Jill and Stu Boreyko for 489 Ridge Road West be approved.
Moved by Member D. Beck, seconded by Member D. Bailey
Carried
Resolved that Submission A20-22, by Marnie Gorgichuk for 13 Udell Way to permit a swimming pool in the exterior side yard, whereas a swimming pool is permitted in the rear yard only, be approved.
Moved by Member D. Bailey, seconded by Member D. Beck
Carried
Resolved that Submission A21-22, by Peter Douglas Smith for 414 Bartlett Avenue to permit a lot coverage of 28.2%, whereas 25% is permitted; to permit an interior side yard (north) setback of 0.9m, whereas 1.8m is required; permit an interior side yard (south) setback of 1.2m, whereas 1.8m is required, be approved with condition that the owner submits a grading plan to the satisfaction of the Public Works Department.
Moved by Member D. Beck, seconded by Member A. Mottershead
Carried
Resolved that Submission A22-22, by Attila Biro and Sherri Marshall for 436 Maple Avenue to permit a lot coverage of 30%, whereas 25% is permitted; and to permit a front yard setback of 4.5m, whereas 12.54m is required, be approved.
Moved by Member A. Mottershead, seconded by Member D. Bailey
Carried
Resolved that Submission A03-22, by Natasha Duspara for 2 Balmoral Avenue to permit a lot coverage of 28.7%, whereas 25% is permitted; to permit an exterior side yard setback of 3.21m, whereas 6m is required; to permit a building depth of 23.2m, whereas 20m is permitted, be approved with conditions that the owner submit a plan from a licensed arborist showing the appropriate tree hoarding and fencing and shall be installed prior to any excavation, that the owner install construction fencing along the outer limit of the existing hedging to protect from over excavation, and the submission of a grading plan to the satisfaction of the Public Works Department.
Moved by Member D. Beck, seconded by Member A. Mottershead
Carried
Resolved that Submission A03-22, for Natasha Duspara for 2 Balmoral Avenue to permit an interior side yard setback of 1.2m, whereas 3m is required be denied.
Moved by Member D. Beck, seconded by Member A. Mottershead
Defeated
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 5, inclusive, Part 7 are to be retained for the existing LIUNA training facility (260 Hunter Road), while Part 6, Parts 8 to 11, inclusive, 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 • 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 – 260 subject to easements in favour of 270 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 easements in favour of 2
Moved by Member D. Bailey, seconded by Member K. Antonides
Defeated
Resolved that application B02-22 by Losani Homes (1998) Ltd. regarding 328 Main Street West for consent to sever 800.7 sq. m. of land shown as “Lands to be Severed” on the circulated sketch for future residential use, and to retain 800.7 sq. m. of land shown as “Lands to be Retained” on the circulated sketch for future residential use be denied.
Moved by Member D. Beck, seconded by Member D. Bailey