Hamilton Committee of Adjustment for September 1, 2016 – TPR Hamilton | Hamilton's Civic Affairs News Site

August 27, 2016
Hamilton’s Committee of Adjustment will hear 24 variance or severance applications during its first meeting of August. Here are some of the applications that drew the attention of The Public Record’s Joey Coleman.
(Note: Variance applications are often vague and without a full history of a project, it is easy for an observer to miss a file of note that is well known to neighbours of the project)
APPROVED
(pg  of 122) scheduled for 1:15 p.m.
The Earth to Table “The Farm” operation at 250 Concession Road 4 is seeking variances “to permit the conversion of the existing dwelling unit located on the second level of a farm storage building to a permanent farm labour residence and to permit the construction of a single detached dwelling which shall be the principal farm dwelling”.
The site is zoned agricultural and officially houses a “agricultural education centre” which in practice serves as a wedding banquet centre. The use was approved by City Council in 2015 after months of contentious debate and much opposition from neighbouring farm properties which complained of impacts to their properties from road traffic dust, water run-off, and waste.
Many attended City Council to voice their complaint that the banquet centre was the primary use of the property and not secondary as required in agricultural zoning areas.
The zoning variance requested may attract neighbouring properties owners if the use as a wedding venue continues to draw complaints.
APPROVED
(pg  of 122) scheduled for 1:40pm
The owner of this house, near McMaster University, is seeking variances to construct a second floor addition to the existing home.
Expansion of homes in Westdale usually attracts neighbourhood opposition due to this allowing for use as student housing where the intended use is single-family housing.
DENIED
(pg 55 of 122) scheduled for 2:00pm
The owner, Recchia Developments Inc, is making their third attempt to develop this Dundas property with spectacular views of the City of Hamilton asking the Committee of Adjustment to approve the development of six single detached homes on the site.
This property’s first two attempts to redevelopment were rejected by Ontario Municipal Board.
The first, for 14 townhouses and a single detached home, was sent to the OMB for “non-decision” after Council did not decide on the application within the 180 requirement. OMB rejected the application finding it was not keeping with the single detached character of the area.
In 2014, staff recommended the approval of a new proposal for 12 semi-detached homes (six buildings) on the site. Council voted against the approval, Recchia appealed to the OMB. Notwithstanding support for the proposal from City planning staff, the OMB sided with Council and nearby residents in rejecting the appeal. The OMB more clearly stated the developer must propose single detached homes.
Now, the developer is asking Committee of Adjustment to approve the development of six single detached homes.
Expect many from the community to attend the hearing. There is an argument to be made that this is not a variance but a Zoning Bylaw Amendment and does not belong at the Committee of Adjustment. (Also worth noting a good write-up on this file by Craig Campbell of Metroland’s Dundas Star)
APPROVED
(pg 59 of 122) scheduled for 2:05 pm
The owner is seeking to legalize an existing conversion of a commercial unit to an apartment with the existing upper floor apartments. Previous term, the CoA rejected a similar application across across the street in the same area of the Barton Street district.
The owner is also building a one storey rear addition to the building without a permit.
The CoA recently approved a storefront conversion on King Street East on the southwest block at Wentworth.
TABLED to September 15 to allow committee site visit
(pg 67 of 122) scheduled for 2:10pm
This will be an interesting application to see how the CoA handles this application to convert first floor commercial to two residential units. The upper floors of the building house two additional existing residential units.
The building is located just south of Main Street, just north of St. Peter’s Hospital (which is chronic care, not full-service, hospital) across from Adelaide Hoodless school.
What makes this application interesting is that the commercial zoning is an extension of the Main Street commercial zoning, and this conversion – if approved – will be part of a potential trend municipalities are monitoring for, as home offices increase, the demand for commercial space is decreasing and tax revenue with it.
APPROVED
The owner of this house, near Princess Point, is seeking variances to construct a second floor addition to the existing home.
Expansion of homes in Westdale usually attracts neighbourhood opposition due to this allowing for use as student housing where the intended use is single-family housing.