Hamilton Committee of Adjustment for February 24, 2022: Updated – TPR Hamilton | Hamilton's Civic Affairs News Site

February 22, 2022
The Committee of Adjustment is scheduled to meet again this Thursday, February 24. The agenda is available online.
Staff comments on the applications were released Tuesday, February 22, following the long weekend.
The continuing trend of larger lots with older homes being severed into two separate property lots and two new single detached homes continues this week with four applications.
Even prior to the Planning pendulum swing to permitting intensification, the CoA was approving nearly all applications of this type.
Of note within the severance applications is 59 Brian Boulevard (Waterdown). This application may draw delegates in opposition, Waterdown residents often express concerns about traffic. The property is owned by a development corporation. The proposal is in keeping with provincial planning requirements, following the Provincial Policy Statement, the CoA is supposed to approve the application.
Staff are recommending tabling the severance to negotiate further regarding the design of the proposed new homes.
There is one secondary dwelling unit application this week. The CoA is inconsistent in its decisions regarding SDUs, often determining if they will approve based upon who they believe may live in the units.
The application for SDU is at 275 Huxley Ave S (Hamilton). Staff are recommending approval.
There are numerous letters from nearby homeowners expressing concerns about the property being rental housing, intensification of the “protected” neighbourhood, and on-street parking.
Additionally, multiple letters state renovations began without permits. Violations of building permit requirements are not the purview of the Committee of Adjustment but are often considered by the CoA.
UPDATE: CoA denied the Secondary Unit Dwelling Unit on a 4-3 vote.
Here are some of the other files I believe to be notable.
536 Upper Paradise Rd – LiUNA Local 837 is asking to add a general or medical office use within the existing building known as Regina Gardens Long Term Care Residence.
The existing zoning bylaw does not allow this as a stand-alone use and requires nine parking spaces for a 160 m² medical clinic.  Parking is not required a small general office.
A letter from LiUNA’s planning agent reads, “the initial structure contained a 150.0 m 2 daycare in the northeast wing of the building, which was later used by Affiliated Services for Children and Youth as a professional office for children’s mental health from 2013 onwards as indicated on the enclosed Floor Plans. During the COVID-19 pandemic, Affiliated Services for Children and Youth could no longer afford to use the space as their office.”
Staff are recommending approval. There is one letter from a nearby resident expressing concern about parking.
501 Barton St, Stoney Creek – The proposal is to expand a legal non-conforming (grandfathered) single detached home on the property which is zoned “M3” (Prestige Business Park) district.
Staff are recommending approval.
142 Barclay St (Hamilton)- The application is for a two-storey rear addition on an existing home in Westdale.
Staff are recommending approval.
The drawings for the addition include labelling to indicate it will not be student rentals. The CoA is reluctant to approve anything in West Hamilton that they believe may become student housing.
Clearly, the agent for the application knows this, writing “This design is required to accommodate a growing single family dwelling. The addition will allow them to stay in Westdale, as their roots are in the community. The design will allow them to have the required space to raise their family here.”
The key to approval here is assuring the CoA this will not become student rentals.
The CoA meeting is scheduled to begin at 1:00 pm on Thursday and is supposed to be streamed on the City’s YouTube page.
[CoA streams often crash due to problems with the laptop the City uses to screencast meetings]
Note: There is one application that I’ve given further review to as the applicant is a full Manager level employee at the City of Hamilton who at times has authority over reviewing staff. The application is routine and not newsworthy.