Committee of Adjustment CITY HALL 5th Floor- 7 1 Main Street West Hamilton, ON L8P 4Y5 Telephone (905) 546-2424, ext. 4221
Hamilton
Fax (905) 546-4202
AGENDA COMMITTEE OF ADJUSTMENT
************************************************************************** Date: Time: Location: Contact: TIME
Thursday, March 23rd, 2017 1:00 p.m. Rooms 192 & 1 9 3 ,1st floor, Hamilton City Hall Scott Baldry (905) 546-2424, ext. 4144
SUBJECT
BY URBAN
1:10 p.m.
HM/A-17:70
1000 Main St. E., Hamilton (Ward 3)
Agent Drew Hauser/ Liam Brown Owner City of Hamilton
1:15 p.m.
HM/A-17:31
202 Herkimer Street, Hamilton (Ward 1)
Owners Mark Milne & Jane Johnston
1:20 p.m.
HM/A-17:36
258 Locke Street South, Hamilton (Ward 1)
Owner 258 Locke Street Inc.
1:25 p.m.
HM/A-17:30
192 Bond Street North, Hamilton (Ward 1)
Agent Philip Toms Owner David Peng
1:30 p.m.
HM/A-17:16
107 Bond Street North, Hamilton (Ward 1)
Agent Prassas Design (c/o Tony Prassas) Owners Megumi Harada & Jaeyoon Gustav Cho
1:35 p.m.
HM/A-16:92
158 Wentworth Street South, Hamilton (Ward 2)
Owners Attila & Izabella Bauer
1:45 p.m.
HM/A-17:24
144 Barton Street East, Hamilton (Ward 2)
Agent Antonio Amaral Owner Hanna Hanna
1:50 p.m.
HM/A-17:26
81 Cannon Street West, Hamilton (Ward 2)
Agent Francis Leung Owner 1602562 Ontario Inc.
1:55 p.m.
HM/A-17:35
29 Severn Street, Hamilton (Ward 2)
Agent Graham McNally Owner 2512260 Ontario Inc.
2:00 p.m.
SC/B-17:05
6 & 9 Community Avenue, Stoney Creek (Ward 5)
2:00 p.m.
SC/A-17:37
6 & 9 Community Avenue, Stoney Creek (Ward 5)
2:05 p.m.
DN/A-17:38
8 Mercer Street, Dundas (Ward 13) B
R
E
Agent A.J. Clarke & Associates (c/o Franz Kloibhofer) Owner 952482 Ontario Inc. (c/o Barry Welsh) Agent A.J. Clarke & Associates (c/o Franz Kloibhofer) Owner 952482 Ontario Inc. (c/o Barry Welsh) Owners Ami MacDonald & Julia Farell
A
K
RURAL 2:20 p.m.
FL/B-17:04
114 Concession 8 East, Flamborough (Ward 15)
Agent GSP Group Inc. (c/o Kendra Murphy) Owner John Sidler
2:25 p.m.
FL/A-17:32
38 10thConcession Road East, Flamborough (Ward 15)
Owners Gary Boyd & Jennifer Vivian
March 23rd, 2017 Agenda Page 2
2:30 p.m.
FL/A-17:33
629 Safari Road, Flamborough (Ward 14)
Agent IDM (2005) Consultants Inc. Owner 794803 Ontario Inc. (O/A Singh Greenhouses)
2:35 p.m.
SC/A-17:34
74 Green Mountain Road East, Stoney Creek (Ward 9)
Owners Paul & Krista Gabriele
2:40 p.m.
GL/B-17:06
3481 Golf Club Road, Glanbrook (Ward 11)
2:40 p.m.
GL/A-17:40
3481 Golf Club Road, Glanbrook (Ward 11)
Agent IBI Group (do Tracy Tucker) Owner Freeman Acres Limited Agent IBI Group (d o Tracy Tucker) Owner Freeman Acres Limited
SUBURBAN 2:45 p.m.
GL/A-17:23
3027 Homestead Drive, Glanbrook (Ward 11)
2:50 p.m.
GL/A-17:29
18 Strathearne Place, Glanbrook (Ward 11)
2:55 p.m.
GL/A-16:218
2000 Garth Street, Glanbrook (Ward 11)
3:00 p.m.
SC/A-17:27
330 South Service Road, Stoney Creek (Ward 10)
Agent Gateman-Milioy Inc. Owner Slotegraaf Limited
3:05 p.m.
HM/A-17:28
38 Donnici Drive, Hamilton (Ward 8)
Agent Louis Sordo Owner Stana Sordo
136 Orchard Drive, Ancaster (Ward 12)
Agent AI Frisina Owners Domenic & Teresa Sicilia
40 East 36thStreet, Hamilton (Ward 6)
Agent Aiden Tuite Owner Kathryn Tuite
3:10 p.m. 3:15 p.m. CLOSED
AMENDED
AN/A-16:332 HM/A-17:39
Agent McCallum Sather Owner City of Hamilton Agent John Stirling Owners Nuno Toito & Natalia Pereira-Toito Agent T. Johns Consulting Group Ltd. Owner 2000 Garth Limited
Committee of Adjustment City Hall 5th floor, 71 Main Street W est Hamilton, ON L 8P 4 Y 5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:70 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 05-200, of the City of Hamilton, Section 7.3. AND IN THE MATTER OF the Premises known as Municipal number 1000 Main St. E., in the City of Hamilton and in a "P3" (City Wide zone) district; AND IN THE MATTER OF AN APPLICATION by the agents Drew Hauser & Liam Brown on behalf of the owner City of Hamilton, for relief from the provisions of the Zoning By-Law No. 05-200, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a 48.0m x 44.0m green house building on the subject lands notwithstanding that a maximum building height of 13.4m shall be permitted instead of the maximum 11.0m building height permitted. Note: Variances have been written exactly as requested by the applicant. This property is subject to Site Plan Control; to date, no formal site plan application has been submitted and a full zoning review has not been conducted for the proposed development. Further variances may be required at such time that a formal zoning review is conducted on the proposed development. The building height has not been provided from grade as defined. In addition, no elevation plans were provided to confirm compliance. Therefore, further variances may be required. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 1:10 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on your behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est Hamilton, ON L8P'4Y5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:31 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 6593, of the City of Hamilton, Section 10. AND IN THE MATTER OF the Premises known as Municipal number 202 Herkimer St., in the City of Hamilton and in a "D" (Urban Protected Residential - One and Two Family Dwellings) district; AND IN THE MATTER OF AN APPLICATION by the owners Mark Milne & Jane Johnston, for relief from the provisions of the Zoning By-Law No. 6593, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the replacement and enlargement for a 2.71 metre in length by 2.47 metre in height third storey dormer to the existing single family dwelling notwithstanding; 1. A minimum easterly side yard width of 1.4 metres shall be permitted instead of the required 2.7 metre side yard width; 2. A minimum westerly side yard width of 0.7 metres shall be permitted instead of the required 2.7 metre side yard width; 3. A minimum front yard depth of 4.4 metres shall be permitted instead of the required 6.0 metre front yard depth; and, 4. A 0.41 metre eave and gutter encroachment into the required westerly side yard width shall be permitted instead of not more than one-half of the required side yard width. NOTE: 1.
The height shall not exceed 14.0 metres.
2. The dormer width converts the storey to a full storey; therefore, the single family dwelling is now considered a three (3) storey building. All setbacks have been reviewed as such. 3. Should variance one (1) not be approved the location of the fire escape and balcony will not conform. 4. Should variance three (3) not be approved the location of the enclosed covered front porch and eaves and gutters encroachment into the front yard depth will not conform. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 1:15 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. ...12
HM/A-17:31 Page 2 By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority o f The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions subm itted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become part o f the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est
Hamilton
Hamilton, ON L8P 4Y5 Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:36 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 6593, of the City of Hamilton, Sections 14 and 18A. AND IN THE MATTER OF the Premises known as Municipal number 258 Locke Street South, in the City of Hamilton and in an "H" (Community Shopping and Commercial) district; AND IN THE MATTER OF AN APPLICATION by the owner 258 Locke St. Inc., for relief from the provisions of the Zoning By-Law No. 6593, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit an additional nineteen (19) seats for the existing restaurant for a total of forty-nine (49) seats notwithstanding that; 1. No planting strip shall be provided abutting the residential districts along westerly and southerly lot lines instead of the minimum required 1.5m wide planting strip required for a commercial property abutting a residential district or use; 2. A minimum of four (4) parking spaces shall be provided instead of the minimum nine (9) parking spaces required; 3. The driveway, the parking area and manoeuvring used in conjunction with the restaurant shall be permitted to be located as close as 3.0m from the northerly residential district and as close as 0.0m from the westerly residential district instead of the minimum 12.0m distance required and 1.5m distance approved from the westerly residential district per previous Committee Decision HM/A-10:104; and, 4. Points of ingress at the lot line to or from the lot on which parking for a restaurant is located shall be permitted to be located as close as 15.0 from the southerly residential district, as close as 6.0m from the westerly residential district and as close as 8.0m from the northerly residential district instead of the minimum 30.0m distance required, the minimum 16.1m distance approved from the southerly residential district and the minimum 7.5m distance approved from the westerly residential district per previous Committee Decision HM/A-10:104. Note: i)
The applicant shall ensure that the parking area is properly graded, drained and paved with concrete or asphalt. Otherwise, additional variances shall be required.
ii)
A minimum of nine (9) parking spaces are required based on a total of forty-nine (49) seats at a parking ratio of one space per each six (6) seats.
iii)
The applicant shall ensure that the requested distances mentioned in variances #3 and #4 are correct. Otherwise, further variances may be required.
TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 1:20 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
.12
HM/A-17:36 Page 2
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
Committee of Adjustment City Hall 5lh floor, 71 Main Street West Hamilton, ON L8P 4Y5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:30 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 6593, of the City of Hamilton, Sections 9, 18, 18A and 19B. AND IN THE MATTER OF the Premises known as Municipal number 192 Bond St. N., in the City of Hamilton and in a "C/S-1364" (Urban Protected Residential) (Amending By-law 96125) district; AND IN THE MATTER OF AN APPLICATION by the agent Philip Toms on behalf of the owner David Peng, for relief from the provisions of the Zoning By-Law No. 6593, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a 52.4m2 second storey over the existing single family dwelling as well as the construction of a 4.3m x 7.3m two storey addition, a front roofed-over unclosed porch addition and a rear uncovered deck, notwithstanding that; 1. A maximum floor area ratio of 0.76 shall be permitted instead of the maximum 0.45 floor area ratio permitted; 2. A minimum front yard depth of 4.3m shall be permitted instead of the minimum 6.0m front yard depth required; 3. A minimum northerly side yard width of 0.9m shall be permitted instead of the minimum 1.2m side yard width required; 4. A minimum of two (2) parking spaces shall be permitted instead of the minimum three (3) parking spaces required; 5. A parking space size having a minimum width of 2.1m shall be permitted instead of the minimum 2.7m width required; 6. An access driveway having a minimum width of 2.3m shall be permitted instead of the minimum 2.8m width required; 7. A roofed-over unenclosed front porch shall be permitted to be as close as 0.9m to the southerly side lot line instead of the minimum 1.2m setback required; and, 8. The existing lot area of 325.0m2 shall be recognized instead of the minimum 360.0m2 lot area required. Notes: This property is located within the Westdale North Neighbourhood. The existing floor area ratio for this property is 0.39. This application proposed to increase the floor area by a ratio of 0.37. It appears that the gross floor area has not been calculated accurately. The applicant shall ensure that the gross floor area has been calculated in accordance with the zoning By-law; otherwise, additional variances shall be required. A minimum of three (3) parking spaces are required for the single family dwelling based on a total of ten (10) habitable rooms. An eave or gutter may project into a required side yard a maximum 1/2 of the side yard or 1,0m whichever is the lesser. Therefore, should the requested northerly side yard be approved, an eave/gutter shall not be closer than 0.45m to the northerly side lot line. No details were provided to confirm compliance. ...12
HM/A-17:30 Page 2 TAKE NOTICE that this, application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 1:25 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est
Hamilton
Hamilton, ON L 8 P 4 Y 5 Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:16 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 6593, of the City of Hamilton, Sections 9, 18, 18A and 19B. AND IN THE MATTER OF the Premises known as Municipal number 107 Bond St. N., in the City of Hamilton and in a "C/S-1364" (Urban Protected Residential and etc.) (Amending By-law 96-125) district; AND IN THE MATTER OF AN APPLICATION by the agent Prassas Design c/o Tony Prassas on behalf of the owners Megumi Harada & Jaeyoon Gustav Cho, for relief from the provisions of the Zoning By-Law No. 6593, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a dormer addition to the southerly side of the existing single family dwelling, notwithstanding: 1. A minimum front yard depth of 5.4 metres shall be provided instead of the minimum required front yard depth of 6.0 metres; 2. A minimum northerly side yard width of 0.8 metres shall be provided instead of the minimum required side yard width of 1.2 metres; 3. Two (2) parking spaces shall be provided instead of the minimum of three (3) parking spaces required for a single family dwelling with nine (9) habitable rooms; and, 4. A floor area ratio of 0.64 shall be applied allowing a maximum gross floor area of 217.4 square metres instead of maximum permitted floor area ratio of 0.45 allowing a maximum gross floor area of 152.8 square metres. NOTES A lot area of 339.7 square metres has been used to determine the proposed floor area ratio. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 1:30 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
...12
HM/A-17:16 Page 2
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority o f The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions subm itted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become part o f the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized bv you to appear on vour behalf, the Committee mav dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est Hamilton, ON L8P 4Y5 Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-16:92 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 6593, of the City of Hamilton, Sections 10, 18, 18A and 19B. AND IN THE MATTER OF the Premises known as Municipal number 158 Wentworth St. S. in the City of Hamilton and in a "D" (Urban Protected Residential - One and Two Family Dwellings, etc.) (Amending By-law 02-323 as approved by OMB Decision #0178) district; AND IN THE MATTER OF AN APPLICATION by the owners Attila & Izabella Bauer, for relief from the provisions of the Zoning By-Law No. 6593, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the existing single family dwelling to be altered to a four-plex dwelling notwithstanding that: 1. A minimum northerly side yard width of 0.7m shall be provided instead of the minimum required side yard width of 1.2m; 2. Eaves and gutters shall be permitted to project not more than 0.4m into the required northerly side yard and may be as close as 0.3m to the northerly side lot line instead of the requirement that eaves and gutters may project into the required side yard (being 0.7m) not more than one half of the side yard width (being 0.35m); 3. A visitor parking space shall not be provided instead of the minimum required one (1) visitor parking space; 4. No on-site manoeuvring space shall be provided instead of the requirement that the manoeuvring space shall be provided and maintained only on the lot on which the principle use, building or structure is located; and, 5. The access driveway shall be 0.0m northerly and southerly lot lines instead of the requirement that every access driveway to the multiple dwelling shall be located not less than 3.0 metres from the common boundary between the district in which the multiple dwelling is located and the district that does not permit such uses. NOTE: i. The term “four-plex dwelling” is the use identified in Amending By-law 02-323 as approved by the Ontario Municipal Board. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 1:35 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, ...12
HM/A-16:92 Page 2 DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority o f The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions submitted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become part o f the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized bv you to appear on your behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5lh floor, 71 Main Street West Hamilton, ON L8P 4Y5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:24 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 6593, of the City of Hamilton, Section 10. AND IN THE MATTER OF the Premises known as Municipal number 144 Barton St. E., in the City of Hamilton and in a "D" (Urban Protected Residential -1 & 2 Family Dwelling, etc.) district; AND IN THE MATTER OF AN APPLICATION by the agent Antonio Amaral on behalf of the owner Hanna Hanna, for relief from the provisions of the Zoning By-Law No. 6593, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the expansion of the existing legally established non-conforming restaurant through the construction of a 2.3m x 4.9m rear addition to house a prefabricated cooler as well as to permit the use of the restaurant to expand onto the adjacent lands municipally known as 142 Barton Street in place of the existing legally established non-conforming use notwithstanding that; 1.
A restaurant is not permitted in the “D” district; and,
2. A minimum rear yard depth of 7.1m shall be permitted instead of the minimum 7.5m rear yard depth required. Notes: The lands are subject to Site Plan Control. The applicant shall ensure that the lots are merged in title or registered under identical ownership for the purpose of the proposed development. Please note, based on our records it appears that the lands may not be under identical ownership. Building records indicate that the last recognized use for the adjacent lands known municipally as 142 Barton Street East are as a legally established non-conforming manufacturer-retailer of crests. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 1:45 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Scott Baldry, Secretary-T reasurer
HM/A-17:24 Page 2 Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority o f The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions submitted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized bv you to appear on vour behalf, the Committee mav dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est
Hamilton
Hamilton, ON L8P 4Y5 Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:26 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 05-200, of the City of Hamilton, Section 6.4. AND IN THE MATTER OF the Premises known as Municipal number 81 Cannon St. W., in the City of Hamilton and in a "D4" (Downtown Local Commercial) district; AND IN THE MATTER OF AN APPLICATION by the agent Francis Leung on behalf of the owner 1602562 Ontario Inc., for relief from the provisions of the Zoning By-Law No. 05-200, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit a 41.0 square metre one-storey addition and a 9.0 square metre two-story elevator shaft along the northerly lot line abutting Cannon Street W est to the existing retail use (grocery store) notwithstanding; 1. A maximum 3.1 metre setback for the first storey along the northerly lot line shall be permitted instead of a maximum first storey setback of 2.0 metres; 2. A maximum 22.0 metre setback for the first storey along the westerly lot line shall be permitted instead of a maximum first storey setback of 2.0 metres; 3. A maximum 7.2 metre setback for the second storey elevator shaft along the northerly lot line shall be permitted instead of a maximum second storey setback of 0.5 metres; 4. A maximum 25.0 metre setback for the second storey elevator shaft along the westerly lot line shall be permitted instead of a maximum second storey setback of 0.5 metres; and, 5. A minimum 4.8 metre faqade height for the portion of a building along a street line shall be permitted instead of a minimum required 7.5 metres fapade height. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 1:50 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
...12
HM/A-17:26 Page 2
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority o f The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions subm itted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become part o f the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized bv you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hail 5th floor, 71 Main Street W est
Hamilton
Hamilton, ON L8P 4Y5 Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:35
IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 6593, of the City of Hamilton, Sections 14, 18, 18A and 19B. AND IN THE MATTER OF the Premises known as Municipal number 29 Severn St., in the City of Hamilton and in an "H/S-1310 & H/S-1310a" (Community Shopping and Commercial and etc.) (Amending By-laws 93-143 & 96-007) district; AND IN THE MATTER OF AN APPLICATION by the agent Graham McNally on behalf of the owner 2512260 Ontario Inc., for relief from the provisions of the Zoning By-Law No. 6593, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit construction a five (5) storey mixed-use building, including one (1) commercial units on the ground floor and a six (6) unit multiple dwelling above (2nd to 5th storeys) in order to facilitate Site Plan Application File # DA-16-120 notwithstanding that: 1. A minimum front yard depth of 0.0m shall be provided for the 1st to 4th storeys and a minimum front yard depth of 1.4m shall be provided for the 5th storey instead of the requirement that a front yard of not less than 2.5m in depth shall be provided and maintained for the third storey of the building and 5.0m for any portion of the building over three (3) storeys in height; 2. A minimum southerly side yard width of 0.0m shall be provided for the 2nd to 5th storeys instead of the requirement that a side yard of a width of at least 1,2m shall be provided and maintained along the southerly side lot line; 3. A minimum rear yard depth of 7.2m shall be provided for the portions of the building used partly for human habitation instead of the minimum required rear yard depth of 7.5m; 4. An open stairway/open fire escape may be permitted to project not more than 4.9m into the minimum required 7.2m rear yard for the portions of the building used partly for human habitation and the open stairway/open fire escape may be permitted to project not more than 2.2m into the minimum required 4.5m rear yard for the portions of the building used for other than human habitation so that the open stairway/open fire escape may be as close as 2.3m to the rear lot line instead of the requirement that an open stairway/open fire escape may project into a required rear yard not more than 1.0m; 5. A maximum building height of five (5) storeys shall be provided instead of the maximum required building height of four (4) storeys; 6. No planting strips shall be provided instead of the requirement that a planting strip of not less than 1.5 metres in width shall be provided and maintained along every side lot line and rear lot line adjoining a residential district or use, except where a building, structure or accessory building is located and except for the area used for access driveways; 7. No parking spaces shall be provided instead of the requirement that not less than three (3) parking spaces shall be provided and maintained on the lot; and,
...12
HM/A-17:35 Page 2 8. A minimum landscaped area of 15.0% shall be provided instead of a landscaped area of not less than 25% of the lot area. NOTE: i.
The variances are necessary to facilitate Site Plan Application File # DA-16-120.
ii. The intent of Variance # 2 is that a 1.2m southerly side yard width will be maintained for the ground floor/1 st storey and that a 0.0m southerly side yard width shall be provided for the storeys (2nd to 5th) above the ground floor. iii.
No Elevation Plans, Building Plans or Landscape Plans were submitted.
TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 1:55 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Secretary-T reasurer Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions subm itted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become part o f the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est Hamilton, ON L8P 4Y5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR CONSENTU.AND SEVERANCE APPLICATION NO. SC/B-17:05 IN THE MATTER OF The Planning Act, R.S.O. 1990, Chapter P13, Section 53(1); AND IN THE MATTER OF the Premises known as Municipal numbers 6 & 9 Community Avenue, formerly in the City of Stoney Creek, now in the City of Hamilton; AND IN THE MATTER OF AN APPLICATION by the agent A.J. Clarke & Associates c/o Franz Kloibhofer) on behalf of the owner 952482 Ontario Inc. c/o Barry Welsh, for consent under Section 53(1) of The Planning Act, R.S.O. 1990, Chapter 13, so as to permit the conveyance of a parcel of land (shown as Part 1 on the attached sketch and Part 1 on the attached Reference Plan) measuring 24.75m± x 50.6m± and having an area of 1,446.78m2± containing an existing industrial building for industrial purposes, and to retain a parcel of land (shown as Parts 2 and 3 on the attached sketch) measuring 82.28m± x 50.6m± and having an area of 4,121.1m2± containing an existing industrial building for industrial purposes; and also to establish a 219.74m2± easement (shown as Part 3 on the attached sketch and Parts 3 and 4 on the attached Reference Plan) over the retained lands in favour of the conveyed lands for maintenance and access purposes. This application will be heard in conjunction with Minor Variance Application SC/A-17:37. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:00 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information and material that you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal (See Section 53 of The Planning Act and Ontario Regulation 547/06). If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent, you must make a written request to the Committee of Adjustment, 71 Main Street West, 5th Floor, Hamilton City Hall, Hamilton, Ontario L8P 4Y5. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on your behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5lh floor, 71 Main Street W est Hamilton, ON L8P 4Y5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. SC/A-17:37 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning ByLaw No. 05-200, of the City of Hamilton (formerly Stoney Creek), Section 9.3. AND IN THE MATTER OF the Premises known as Municipal numbers 6 & 9 Community Avenue, formerly in the City of Stoney Creek, now in the City of Hamilton and in an "M3" (Prestige Business Park) district; AND IN THE MATTER OF AN APPLICATION by the agent A.J. Clarke & Associates (c/o Franz Kloibhofer) on behalf of the owner 952482 Ontario Inc. (c/o Barry Welsh), for relief from the provisions of the Zoning By-Law No. 05-200, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the creation of two (2) lots subject to consent application SC/B-17:05 notwithstanding that; 6 Community Avenue 1. A minimum lot area of 1,425m2 excluding the required road widening shall be permitted instead of the minimum required 4,000 square metre lot area. NOTE: All other variances were granted through Committee of Adjustment Decision SC/A-16:206. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:00 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized bv you to appear on your behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th Floor, 71 Main Street W est Hamilton, ON L8P 4Y5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. DN/A-17:38 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning ByLaw No. 3581-86, as amended, of the City of Hamilton (formerly Dundas), Sections 6.6.8 and 9. AND IN THE MATTER OF the Premises known as Municipal number 8 Mercer Street, formerly in the Town of Dundas, now in the City of Hamilton and in an "R2" (Single Detached Residential) district; AND IN THE MATTER OF AN APPLICATION by the owners Ami MacDonald and Julia Farell, for relief from the provisions of the Zoning By-Law No. 3581-86, as amended, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a 12.1m2 uncovered porch to be located in the front of the existing single detached dwelling, notwithstanding that the uncovered porch shall be permitted to be located as close as 2.4m from the front lot line instead of the minimum 4.0m setback required. Notes: The uncovered porch shall not extend more than 1.0m above the floor level of the first storey; otherwise, further variances will be required. Insufficient information was provided to confirm compliance.
TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:05 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on your behalf, the Committee may dismiss the application for lack of prosecution.
MERCER STREET
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I ’ [2.53m]
Lg.t.Cpvsrq g s. GqIct . Lot Area: 648.4 sq m (6979.32 sq ft.) Existing House Area: 121.97 sq m (1312.9 sq. ft.) Existing Rear Deck: 24.9 sq m (268.0 sq. ft.) Existing Lot Coverage: 22.7% Proposed Deck Area: 12.1 sq m (130.0 sq. ft.) Total Coverage: 158.95 sq m (1710.9 sq. ft.) Proposed Lot Coverage: 24.5%
DO NO T SCALE DRAWINGS. NO W ORK TO PROCEED PRIO R TO O BTAINING A BUILDING PERMIT. CONTRACTOR TO CHECK AND VERIFY ALL DIMENSIO NS & SITE CONDITIONS P RIO R TO COMMENCEMENT OF WORK. ALL DISCREPANCIES TO BE REPORTED TO TH E OWNER.
N 7 6 ' 58' 3 0 ” W
18.898m
N 6 3 ' 12' 10" E 1.091m
ALL DRAWINGS IN COMPLIANCE W ITH THE 2012 ONTARIO BUILDING CODE.
GENERAL NOTES 1. SITE PLAN OR SURVEY REQUIRED SHOWING ALL LOT LINES, DIMENSIONS & LOCATION OF EXISTING BUILDINGS AND DIMENSIONS & LOCATION OF PROPOSED DECK. 2. LUMBER TO BE PRESSURE TREATED SPF #1 OR #2, MIN. 6"X6" WOOD POSTS UNLESS OTHERWISE NOTED. 3. USE CORROSION RESISTANT SPIRAL NAILS OR SCREWS. 4. DECK IS NOT PERMITTED TO BE SUPPORTED ON BRICK VENEER 5. CONCRETE PIERS SHALL BEAR ON NATURAL UNDISTURBED SOIL WITH MINIMUM SOIL BEARING CAPACITY OF OF 75 kPa (1570 psf).
REGISTERED FIRM: FIRM BCIN:
JASON DE BRUM
I review and lake responsibility for the design work on behalf of Ihe firm registered under Division C subsection 325. of lha Building Code. I am qualified, and the firm is registered, In Ihe appropriate classes/categories. DESIGNER:
JASON DE BRUM
DESIGNER BCIN:
34031
SCALE
1/16"=1'-0" CLIENT INFO:
8 Mercer St Dundas, ON
Nov 9, 2016
DATE
SITE PLAN
3976B
SIGNATURE
DrO I A - f ? : 3 § 5 ( c e - f e /v C * )
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4 2 " Guards to be Cedar w / Glass
OR Aluminum (STAR) w / Glass See Manufacturers Specs provided
42" Guards As Per OIv. I 9.0.8. And SB7 OBC 2012
Customer to Decide
OO NOT SCALE DRAWINGS. NO W ORK TO PROCEED PRIOR TO O BTAINING A BUILDING PERMIT. CONTRACTOR TO CHECK AND VERIFY A LL DIMENSIO NS & SITE CONDITIONS PRIO R TO COMMENCEMENT OF WORK. ALL DISCREPANCIES TO BE REPORTED TO THE OWNER. ALL DRAWINGS IN COMPLIANCE WITH THE 2012 ONTARIO BUILDING CODE.
GENERAL NOTES
1. SITE PLAN OR SURVEY REQUIRED SHOWING ALL LOT LINES, DIMENSIONS
2. 3. 4. 5.
& LOCATION OF EXISTING BUILDINGS AND DIMENSIONS & LOCATION OF PROPOSED DECK. LUMBER TO BE PRESSURE TREATED SPF #1 OR#2, MIN. 6"X6" WOOD POSTS UNLESS OTHERWISE NOTED. USE CORROSION RESISTANT SPIRAL NAILS OR SCREWS. DECK IS NOT PERMITTED TO BE SUPPORTED ON BRICK VENEER CONCRETE PIERS SHALL BEAR ON NATURAL UNDISTURBED SOIL WITH MINIMUM SOIL BEARING CAPACITY OF OF 75 kPa (1570 psf).
REGISTERED FIRM:
JASON DE BRUM
FIRM BCIN:
3976S
> ,
I review and take responsibility for the design work on behalf of the firm registered under Division C subsection 32.5. of Ihe Building Code. I am qualified, and the firm Is registered, In the appropriate ctasses/categories. DESIGNER:
JASON DE BRUM
DESIGNER BCIN:
34031
■§CalE
3/16"=r-0" CLIENT INFO:
8 Mercer St Dundas, ON
Nov 9, 2016
DATE
FRONT ELEVATION
SIGNATURE
Committee of Adjustment City Hall 5th floor, 71 Main Street W est
Hamilton
Hamilton, ON L 8 P 4 Y 5 Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR CONSENT\LAND SEVERANCE APPLICATION NO. FL/B-17:04 IN THE MATTER OF The Planning Act, R.S.O. 1990, Chapter P13, Section 53(1); AND IN THE MATTER OF the Premises known as Municipal number 114 Concession 8 East, formerly in the Town of Fiamborough, now in the City of Hamilton; AND IN THE MATTER OF AN APPLICATION by the agent GSP Group Inc. c/o Kendra Murphy on behalf of the owner John Sidler, for consent under Section 53(1) of The Planning Act, R.S.O. 1990, Chapter 13, so as to permit the conveyance of a parcel of land having an area of 2,190m± to be added to the adjacent parcel of land known municipally as 110 Concession 8 East for agricultural purposes and to retain a parcel of land measuring 30.5m± x 1,500m± and having an area of 32.3ha± for agricultural purposes. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:20 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information and material that you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal (See Section 53 of The Planning Act and Ontario Regulation 547/06). If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent, you must make a written request to the Committee of Adjustment, 71 Main Street West, 5th Floor, Hamilton City Hall, Hamilton, Ontario L8P 4Y5. Information respecting this application is being collected under the authority o f The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions subm itted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become part o f the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on your behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est Hamilton, ON L8P 4Y5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. FL/A-17:32 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 05-200, as amended, of the City of Hamilton (formerly Flamborough), Section 4.8. AND IN THE MATTER OF the Premises known as Municipal number 38 10th Con. Rd. E., formerly in the Town of Flamborough, now in the City of Hamilton and in an "A2" (Rural Zone) district; AND IN THE MATTER OF AN APPLICATION by the owners Gary Boyd & Jennifer Vivian, for relief from the provisions of the Zoning By-Law No. 05-200, as amended, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a detached garage accessory to the existing single detached dwelling, notwithstanding: 1. A portion of the detached garage shall be located within the front yard notwithstanding an accessory structure is not permitted to be located within a front yard; and 2. The accessory structure shall be 0.0 metres from the southerly side lot line instead of the minimum required setback of 1.0 metre from a side lot line. NOTES: 1. The front lot line is deemed to be the westerly lot line for purposes of this application. 2. A further variance will be required if the driveway providing access to the detached garage is less than 2.7 metres or greater than 8.0 metres. 3. A minimum of one (1) parking space measuring 2.6 metres in width by 5.5 metres in length is required to be provided for a single detached dwelling. A further variance will be required if the required parking space is not provided. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:25 p.m. Rooms 192 & 193,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
...12
FL/A-17:32 Page 2 Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority o f The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions subm itted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become p art o f the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized bv you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
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Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. FL/A-17:33 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 05-200, as amended, of the City of Hamilton, Section 12.2. AND IN THE MATTER OF the Premises known as Municipal number 629 Safari Road, formerly in the Town of Flamborough, now in the City of Hamilton and in an "A2" (Rural (A2) zone) district; AND IN THE MATTER OF AN APPLICATION by the agent IDM (2005) Consultants Inc. on behalf of the owner 794803 Ontario Inc. (O/A Singh Greenhouses), for relief from the provisions of the Zoning By-Law No. 05-200, as amended, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of two greenhouse additions, each being 91.44m x 128.01m, onto existing greenhouses and to recognize the location of the existing greenhouses on a lot also containing a single detached dwelling in order to facilitate Site Plan Application SPAR-13-017 notwithstanding that: 1. A minimum westerly side yard of 6.8m, with further eave projection, shall be recognized and provided for both the existing greenhouses and proposed greenhouse additions along the 460.939m (341.460m + 119.479m) westerly side lot line instead of the minimum side yard of 15.0m; and, 2. A minimum southerly side yard of 9.6m, with further eave projection, shall be recognized for both existing greenhouses along the 50.292m southerly side lot line instead of the minimum side yard of 15.0m. NOTE: i. The variances are necessary to facilitate Site Plan Application SPAR-13-017. ii. The Site Plan indicates that eight (8) parking spaces are provided; however, these spaces have not been delineated or shown on the Site Plan in order to determine zoning compliance. If zoning compliance cannot be achieved, further variances may be necessary. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:30 p.m. Rooms 192 & 193,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment. DATED: March 7th, 2017
FL/A-17:33 Page 2
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 501 floor, 71 Main Street W est Hamilton, ON L 8 P 4 Y 5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. SC/A-17:34 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 3692-92, of the City of Hamilton (formerly Stoney Creek), Section 4, 5 and 12.1, Amending By-Law Number 15-173. AND IN THE MATTER OF the Premises known as Municipal number 74 Green Mountain Road East, formerly in the City of Stoney Creek, now in the City of Hamilton and in an "A1" (Agriculture) district; AND IN THE MATTER OF AN APPLICATION by the owners Paul & Krista Gabriele, for relief from the provisions of the Zoning By-Law No. 3692-92, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a 133.7 m2, 1 storey (3 car garage) addition to the existing single detached dwelling notwithstanding that; 1.
A minimum front yard of 5.5 m shall be provided instead of the minimum required
10.0 m; 2. A minimum westerly side yard of 1.2 m shall be provided instead of the minimum required of 3.0 m; and, 3. The parking spaces shall be permitted to be located as close as 5.5 m from the street line instead of the minimum required distance of 5.8 m from the street line; and Note: Please note that the recognized use of this property is one (1) dwelling unit, which is permitted, along with a legally established non-conforming variety store. Based on the plan provided and the information provided on the application it appears that the entire building will be used as a single detached dwelling; therefore, the use of the legally established non-conforming variety store will be lost. No details regarding the height for the addition have been provided. If the height exceeds the maximum permitted height of 10.5 m; further variances may be required. Eaves and gutters: no such feature shall project more than 0.6 m into the required yard, to a maximum of half the distance of the required yard. No details provided; therefore, further variances may be required. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:35 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, 72
SC/A-17:34 Page 2
DATED: March 7th, 2017
Secretary-T reasurer
Note: If you wish to be notified of the decision of the Committee in respect of this application, you 'must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee mav dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est
Hamilton
Hamilton, ON L8P 4Y5 Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR CONSENT\LAND SEVERANCE APPLICATION NO. GL/B-17:06 IN THE MATTER OF The Planning Act, R .S .0 .1990, Chapter P13, Section 53(1); AND IN THE MATTER OF the Premises known as Municipal number 3481 Golf Club Road, formerly in the Township of Glanbrook, now in the City of Hamilton; AND IN THE MATTER OF AN APPLICATION by the agent IBI Group (Tracy Tucker) on behalf of the owner Freeman Acres Limited, for consent under Section 53(1) of The Planning Act, R.S.O. 1990, Chapter 13, so as to permit the conveyance of a parcel of land having an area of 110m2± and shown as Part 2 on the attached sketch to be merged with adjoining land shown as Part 3 on the attached sketch for agricultural purposes and retain a parcel of land measuring 306m± x 744m± and having an area of 28.5ha± containing a single detached dwelling and 6 (six) agriculture-related buildings shown as Part 1 on the attached sketch for agricultural uses. This application will be heard in conjunction with Minor Variance Application GL/A-17:40. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:40 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information and material that you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017 Scott Baldry, Secretary-T reasurer Note: If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal (See Section 53 of The Planning Act and Ontario Regulation 547/06). If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent, you must make a written request to the Committee of Adjustment, 71 Main Street West, 5th Floor, Hamilton City Hall, Hamilton, Ontario L8P 4Y5. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City o f Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on your behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5,h floor, 71 Main Street West Hamilton, ON L 8 P 4 Y 5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. GL/A-17:40 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 05-200, of the City of Hamilton, Section 12.1. AND IN THE MATTER OF the Premises known as Municipal number 3481 Golf Club Rd., formerly in the Township of Glanbrook, now in the City of Hamilton and in an "A1" (Agriculture) district; AND IN THE MATTER OF AN APPLICATION by the agent IBI Group c/o Tracy Tucker on behalf of the owner Freeman Acres Limited, for relief from the provisions of the Zoning By-Law No. 05-200, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the conveyance of a 0.01 hectare (±110.5m2) parcel of land to the adjacent property known as 3355 G olf Club Road notwithstanding a minimum lot area of 27.8 hectares shall be permitted instead of the minimum required lot area of 40.4 hectares. Notes: 1.
All existing buildings are greater than 15.0 metres away from lot lines.
This application is necessary to facilitate land severance application GL/B-17:06. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:40 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Scott Baldfy; Secretary-Treasurer
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Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized bv you to appear on your behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street West Hamilton, ON L 8 P 4 Y 5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. GL/A-17:23 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning ByLaw No. 464, of the City of Hamilton (formerly Glanbrook), Section 40.2. AND IN THE MATTER OF the Premises known as Municipal number 3027 Homestead Dr., formerly in the Township of Glanbrook, now in the City of Hamilton and in a "P" (Public Zone) district; AND IN THE MATTER OF AN APPLICATION by the agent McCallum Sather on behalf of the Owner City of Hamilton, for relief from the provisions of the Zoning By-Law No. 464, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a two storey addition to the rear of the existing building used as Public Library and Community Hall notwithstanding: 1. A minimum southerly side yard of 5.8 metres shall be provided instead of the minimum required side yard of 15 metres to the boundary of a Residential Zone; and, 2. No planting strip shall be provided along the northerly and southerly side lot lines abutting a Residential Zone instead of providing a landscaped area in the form of a planting strip having a minimum width of 1.5 metres adjacent to a lot line that abuts a Residential Zone. NOTES: 1. Details regarding parking have not been provided. Further variances may be required if zoning compliance with Section 7.35 of the Zoning By-law cannot be achieved. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:45 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of anv person duly authorized bv vou to appear on your behalf, the Committee may dismiss the application for lack of prosecution.
Committee of Adjustment City Hall 5th floor, 71 Main Street W est Hamilton, ON L 8P 4 Y 5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. GL/A-17:29 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 464, of the City of Hamilton (formerly Glanbrook), Sections 7 ,1 1 and
12. AND IN THE MATTER OF the Premises known as Municipal number 18 Strathearne Place, formerly in the Township of Glanbrook, now in the City of Hamilton and in an "ER" (Existing Residential) district; AND IN THE MATTER OF AN APPLICATION by the owners Nuno Toito and Natalia Pereira-Toito, for relief from the provisions of the Zoning By-Law No. 464, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a 4.3 m x 7.3 m 31.3 m2 1 storey accessory building to be located at rear of the existing single detached dwelling notwithstanding that; 1. An accessory building in excess of 12 m2 shall be located within the required minimum side and rear yard whereas the By-Law states that accessory buildings in excess of 12 m2 in gross floor area shall not be located in any minimum rear yard or side yard; 2. A minimum of 0.6 m easterly side yard shall be provided instead of the minimum required side yard of 5.4 m; and, 3. A minimum of 0.9 m rear yard shall be provided instead of the minimum required rear yard of 10.7 m. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 2:50 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. 72
GL/A-17:29 Page 2 Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: in default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee mav dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street West Hamilton, ON L 8 P 4 Y 5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. GL/A-16:218 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 464, of the City of Hamilton (formerly Glanbrook), Sections 7 and 23. AND IN THE MATTER OF the Premises known as Municipal number 2000 Garth Street, formerly in the Township of Glanbrook, now in the City of Hamilton and in a "C1-196" (Neighbourhood Commercial Zone) (Amending By-laws 04-283, 08-092 and 09129) district; AND IN THE MATTER OF AN APPLICATION by the agent T. Johns Consulting Group Ltd. on behalf of the owner 2000 Garth Limited, for relief from the provisions of the Zoning By-Law No. 464, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a two (2) storey commercial building, notwithstanding: 1. A minimum front yard of 4.6 metres shall be provided instead of the minimum required front yard of 7.5 metres; 2. A minimum southerly side yard of 4.6 metres shall be provided instead of the minimum required flankage side yard of 7.5 metres; 3. A landscaped area without planting strip shall be provided adjacent to every portion of the lot that abuts a Residential Zone or residential use instead of providing a landscaped area in the form of a planting strip; 4. Mechanical equipment (i.e. bell box, hydro vault, cellphone tower) shall be permitted to be located within a required landscaped area notwithstanding a landscaped area is not permitted to be used for any other purpose other than an area of landscaping; 5. A minimum parking space size of 2.6 metres in width by 5.5 metres in length shall be provided instead of the minimum required parking space size of 3 metres in width by 6 metres in length; 6. A landscaped area without planting strip shall be provided where a parking area abuts a Residential Zone or residential use instead of providing a landscaped area consisting of a planting strip; 7. One (1) loading space shall be provided for Building A instead of a minimum of two (2) loading spaces required for a commercial building with a gross floor area of 1646 square metres; and, 8. No loading spaces shall be provided for Building B instead of a minimum of two (2) loading spaces required for a commercial building with a gross floor area of 1456 square metres. NOTES 1. These variances are necessary to facilitate Site Plan Application SPA-16-119. The applicant shall ensure all other zoning requirements as noted in this Division’s comments dated August 10, 2016 can be complied with. ...12
GL/A-16:218 Page 2 2. The variance requested setbacks for accessory mechanical equipment is not required as the bell box, hydro vault and cellphone tower are not considered accessory mechanical equipment as defined. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE
Thursday, March 23rd, 2017 2:55 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
T. JOHNSCONSULTING
Attachment “A”: Detailed Information for Minor Variance January 4, 2017
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7. Nature and extent of relief applied for: Minor Variances are being sought from the Neighbourhood Commercial “C1-196" Zone, Modified of the former Township of Glanbrook Zoning By-law 464 so as to permit the development of a second commercial building on the southeast corner of the lands municipally known as 2000 Garth Street, Hamilton notwithstanding that for the purpose of the regulations contained in: 1. Section 23.2(h) of the Town of Glanbrook Zoning By-law 464, a minimum front yard setback of 4.6 m be permitted, instead of the required minimum front yard setback of 7.5 m; 2. Section 23.2(i)(ii) of the Town of Glanbrook Zoning By-law 464, a minimum side yard setback of 4.6 m be permitted, instead of the required minimum side yard of 7.5m on a corner lot for the side yard abutting a flankage street; 3. Section 23.2(n) of the Town of Glanbrook Zoning By-law 464, a minimum landscaped area {withoutplantings) have a width of 3.0 m and a fence having a minimum height of 1.8 m be permitted, instead of the required landscaped area in the form of a planting strip having a minimum width of 3.0 metres and a fence having a minimum height of 1.8 metres adjacent to any lot line that abuts any Residential or Institutional Zone or any Zone where the adjoining land is used for residential or institutional purposes; 4. Section 2(b)(n)(ii) of the Town of Glanbrook Zoning By-law 464, an accessory mechanical requirement (i.e. bell box, hydro vault, cellphone tower) to be permitted within the landscaped area to be maintained adjacent to every lot line abutting a street, where the existing Landscaped Area definition does not permitted accessory mechanical equipment within the landscaped area; 5. Section 7.15 of the Town of Glanbrook Zoning By-law 464, a minimum setback of 1.0 m from the street line and a minimum setback of 0.6 m from a side lot line be permitted for a mechanical and unitary equipment be permitted, instead of the required minimum setback of 3.0 m from the street line, a minimum setback of 0.6 m from a side lot line, screened from the street by an enclosure, and within a required side yard and required rear yard with a minimum setback of 0.6 m from the side lot line or rear lot line; 6. Section 7.35(a)(vii) of the Town of Glanbrook Zoning By-law 464, parking spaces shall be 2.6 m wide and 5,5 m long, instead of the required minimum width of 3.0 m and a minimum length of 6.0 m for each 90 degree perpendicular parking space. 7. Section 7.36(b)(b) of the Town of Glanbrook Zoning By-law 464, one (1) loading space shall be permitted, instead of the required two (2) loading spaces for a commercial use with a Gross Floor Area greater than 900 square metres and less than 7,500 square metres. 8. W hy is it not possible to comply with the provisions of the By-law? The owner would like to build a second commercial building on a lot where various existing characteristics per the previously approved site plan (Application DA-08-022) restrict the location of the proposed building and compliance to certain zoning provisions. Variances 3, 4, and 5 are to Page 1 of 4
310 Limeridge Road West Hamilton, ON L9C 2V2 www.tjohnsconsuIting.com
Attachment “A”: Detailed Information for Minor Variance January 4, 2017
T. JOHNS CONSULTING
u -=sS3j*- GROUP !M CJEcV'fclM u'rjPM ’
recognize existing conditions on the site. The minor variances requested form part of recently conditionally approved Site Plan Application SPA-16-119, and are a condition to receive final approval. A second building on the property results in the efficient use of a commercial property and intensification of serviced lands in the urban area. T e s t 1 - C o n fo rm ity to th e In te n t o f th e O ffic ia l P la n The subject lands are designated “Neighbourhoods" in the Urban Hamilton Official Plan and “Local Commercial” in the North-West Glanbrook Secondary Plan, where commercial uses, including small scale retail, offices, and medical clinics, are permitted within a plaza at varying scales and in buildings with multiple uses, to serve the daily and weekly needs of surrounding residents. The proposed 2-storey commercial building is a permitted use, which includes complimentary retail and general office uses to the existing 2-storey commercial building. Therefore, the proposed variances are consistent with the intent of the Urban Hamilton Official Plan and the North-West Glanbrook Secondary Plan as no change is being proposed to the permitted use. T e s t 2 - C o n fo rm ity to th e In te n t o f th e Z o n in g B v -la w The subject lands are zoned Neighbourhood Commercial “C 1-196” Zone, Modified under the former Township of Glanbrook Zoning By-law 464. A commercial building is a permitted use under the “C1196” Zone. Therefore, the variances being sought maintain the overall intent of the “C1-196” Zone as there are no proposed changes to the permitted type of use. The front and side yard variances conform to the intent of the Zoning By-law as the requested setbacks do not negatively impact the streetscape. In this location there is no consistent established streetscape; the requested setbacks continue to provide a reasonable front and side yard. The variance for to remove the requirement for plantings within the landscaped area meets the intent of the By-law as there continues to be a 3 m buffer strip with visual screening intended to reduce impacts along the lot lines abutting residential use, providing an appropriate transition from commercial to residential uses. In addition, there is an existing fence 1.8 m in height for additional visual screen measures between the two uses. The variances for mechanical equipment in the buffer strip and the setback are to recognize an existing site condition. The intent of the zoning is to maintain an aesthetically pleasing streetscape. The planned landscaping strip will provide an attractive streetscape to maintain conformity with the intent of the Zoning By-law. The requested variance to reduce the size of the parking spaces maintains the intent of the Zoning By-law as the proposed parking space size is consistent with parking space requirements in other Zoning By-laws, including the 05-200 Zoning By-law intended to be the future comprehensive by-law for the City of Hamilton. The intent is to provide adequately sized parking and the proposed size is an established standard. The reduction in loading space requirements is in conformity with the intent of the Zoning By-law because the proposed office uses will not require a loading space. The intent of the Zoning By-law is to ensure that dedicated spaces are provided for any delivery trucks without impeding the overall functionality of the site. Given the proposed and permitted uses for the building will not require loading spaces, this requested variance will not create issues and conforms to the Zoning By-law.
Page 2 of 4
310 Limeridge Road West Hamilton, ON L9C 2V2 www.tjohnsconsulting.com
Attachment “A”: Detailed Information for Minor Variance January 4,2017
T. JOHNS CONSULTING MUil'ia | i>Cu>aii GROUP K'/rcVK uAKACtanir
T e s ts 3 a n d 4 - Is th e V a r ia n c e M in o r an d D e s ira b le ? Variances 1: Front Yard Setback A variance is being requested to permit a minimum front yard setback of 4.6m instead of the required front yard setback of 7.5m . The second commercial building location was pre-approved under site plan application DA-08-022 which anticipated the building pulled up to the south east corner with the parking area located to the interior of the site. Minimizing the front yard setback will facilitate pedestrian connectivity to the building entrance with street frontage, as well as building access from the parking area. A 4.5m landscape strip has been provided within the setback to screen the building from activity on the streets while also establishing a predominant gateway development at the start of Garth Street. Therefore, the requested variance is appropriate and minor in nature as it will facilitate a use compatible with the existing commercial building located on site and address urban design best practices that encourage buildings close to the street to create attractive pedestrian environments and good streetscapes.
Variance 2: Side Yard Setback A variance is being requested to permit a minimum side yard setback of 4.6 m instead of the required side yard setback of 7.5 m. The proposed building has been located in a manner that maintains the existing parking area limit to service both commercial buildings. A reduced side yard setback aid in pulling the building up to the street to establish a presence at the Garth Street and Twenty Road intersection. Therefore, the variance is minor in nature and desirable as it will facilitate a use compatible with the existing commercial building located on site, and a landscape strip of 4.5m in width will be provided for screening from Twenty Street while providing better pedestrian access and address urban design best practices that encourage buildings close to the street to create attractive pedestrian environments and good streetscapes.
Variance 3: Landscaped Area A variance is being requested to permit a landscaped area without plantings and a width of 3.0 m, and a fence having a minimum height of 1.8 m adjacent to any lot line that abuts any Residential or Institutional Zone or any Zone where the adjoining land is residential or institutional purposes instead of a landscaped area with plantings. This variance will recognize the existing condition of the site, where a 3.0 m landscape buffer and a fence 1.8 m in height have been provided adjacent to the northern and western lot lines which abut residential lands. Plantings exist within the landscaped area along the northern lot line, however, plantings cannot be provided within the western lot line landscaped area as a swale exists and is required for engineering purposes. The proposed building will be located up towards to street with a large setback from adjacent residential land, and the existing and proposed landscaping will ensure adequate buffering is provided between the residential and commercial uses.
Variance 4: Accessory Mechanical Equipment Location A variance is being requested to permit accessory mechanical equipment (i.e. bell box, hydro vault, cellphone tower) within the landscaped area whereas the ‘Landscaped A rea’ definition does not allow this. This variance is to recognize the location of an existing hydro vault that cannot be Page 3 of 4
310 Limeridge Road West Hamilton, ON L9C 2V2 www.tjohnsconsulting.com
Attachment “A”: Detailed Information for Minor Variance
T. JOHNS • CONSULTING
January 4, 2017 relocated given the site restrictions, current usage and associated costs. The existing box is located within the required side yard setback without impeding the landscaping features and ensuring sufficient distance is provided between the site and the street. Therefore, the variance is minor in nature and desirable as it maintains an existing condition that is functional for the site and facilitates development envisioned in the previously approved site plan. Variances: Accessory Mechanical Equipment Setback A variance is being requested to permit mechanical and unitary equipment with a minimum setback of 1.0 m from the street line and a minimum setback of 0.6 m from a side lot line instead of the required 3.0 m setback from the street line, 0.6 m setback from a side lot line, screened from the street by an enclosure. The variance is minor and desirable as it recognizes the location of an existing hydro vault, currently being used to service the existing building. The box maintains an adequate distance from the street and sidewalk and does not negatively impact the streetscape character of the neighbourhood.
Variance 6: Parking Stall Size A variance is being sought to permit parking spaces with a width of 2.6 m and length of 5.5 m instead of the required width of 3.0 m and length of 6.0 m in the Former Town of Glanbrook Zoning By-law 464. The proposed variance is minor in nature and desirable as it will provide parking spaces in accordance with the parking standards of the new Hamilton Zoning By-law 05-200, intended to serve as the future city-wide zoning by-law provisions upon full implementation. Variance 7: Loading Spaces A variance is being requested to permit one (1) loading space on site with a width of 3.7m and a length of 9m for the existing commercial building only, instead of the required two (2) loading spaces (one for each building). The proposed second commercial building will be occupied by general offices that do not require regular large deliveries. Therefore, the variance is minor as the proposed uses do not require a loading area, and will allow for the space to be used for required parking area.
In summary, the proposed variances are desirable and will facilitate the proposed development without having an impact on surrounding properties. The proposed commercial use conforms to the current Urban Hamilton Official Plan, the North-West Glanbrook Secondary Plan and is a permitted use set out by Town of Glanbrook Zoning By-law 464. The nature of the proposed development as a commercial building will not provide any negative impacts and will be compatible with the surrounding uses. Therefore, the requested variances are consistent with the intent of the Urban Hamilton Official Plan, Town of Glanbrook Zoning By-law 464, are minor in nature, and facilitate appropriate development on the subject lands, and reflect good planning.
Page 4 of 4
310 Limeridge Road West Hamilton, ON L9C 2V2 www.tjohnsconsulting.com
Committee of Adjustment City Hall 5lh floor, 71 Main Street West Hamilton, ON L 8 P 4 Y 5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. SC/A-17:27 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 05-200, of the City of Hamilton (formerly Stoney Creek), Sections 4, 5 and 9.3, Amending By-Law Number 10-128. AND IN THE MATTER OF the Premises known as Municipal number 330 South Service Road, formerly in the City of Stoney Creek, now in the City of Hamilton and in an "M3" (Prestige Business Park) district; AND IN THE MATTER OF AN APPLICATION by the agent Gateman-Milloy Inc. on behalf of the owner Slotegraaf Limited, for relief from the provisions of the Zoning By-Law No. 05200, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the development of a motor vehicle service station (commercial fuel depot/cardlock) notwithstanding that; 1. No landscaped area shall be provided along the easterly side lot line abutting Millen Road instead of the requirement that states that a minimum 6.0 m wide Landscaped Area shall be provided and maintained abutting a street, except for points of ingress and egress; and, 2. No planting strip shall be provided along the easterly side lot line abutting Millen Road instead of the requirement in the By-Law that states that within the 6.0 m landscaped area, a minimum 3.0m wide planting strip shall be required and maintained between parking spaces, aisles or driveway and a street, except for points of ingress and egress; Notes: These variances are necessary to facilitate Site Plan Control Application SPA-16-147. Be advised that the submitted drawings have been revised and the Building Division has not been circulated for comments; therefore, further variances may be required. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 3:00 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
72
SC/A-17:27 Page 2 Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee mav dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est Hamilton, ON L 8 P 4 Y 5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:28 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 6593, of the City of Hamilton, Section 9. AND IN THE MATTER OF the Premises known as Municipal number 38 Donnici Drive, in the City of Hamilton and in a "C" (Urban Protected Residential and etc.) district; AND IN THE MATTER OF AN APPLICATION by the agent Louis Sordo on behalf of the owner Stana Sordo, for relief from the provisions of the Zoning By-Law No. 6593, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a 6.5m x 8.0m roofed-over unenclosed one storey porch at the first storey at the rear and east side of an existing single family dwelling notwithstanding that a minimum easterly side yard width of 0.3m shall be provided instead of the minimum required side yard width of 1.2m.
TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE
Thursday, March 23rd, 2017 3:05 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Secretary-T reasurer Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hail 5th floor, 71 Main Street W est Hamilton, ON L 8P 4 Y 5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE
AMENDED APPLICATION NO. AN/A-16:332 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 87-57, of the City of Hamilton (formerly Ancaster), Sections 7.11 and 7.18 and 10. AND IN THE MATTER OF the Premises known as Municipal number 136 Orchard Dr., formerly in the Town of Ancaster, now in the City of Hamilton and in an "ER" (Existing Residential) district; AND IN THE MATTER OF AN APPLICATION by the agent Al Frisina on behalf of the owner Domenic & Teresa Sicilia, for relief from the provisions of the Zoning By-Law No. 87-57, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the construction of a new 55.8 m2 accessory building at the rear of the existing single detached dwelling notwithstanding that: 1. A maximum lot coverage of 42.0% shall be permitted instead of the maximum 36.2% lot coverage previously approved by Committee of Adjustment Decision AN/A-14:183; 2. A minimum side yard setback of 0.60m shall be permitted on the northerly side lot line instead of the minimum required 0.75m setback from any lot line; and 3. A maximum ground floor area of 55.8m2 shall be permitted instead of the maximum 40m2 ground floor area permitted; and 4. A minimum rear yard setback of 0.9m shall be permitted instead of the minimum required rear yard setback of 7.5m; and Notes: Applicant shall ensure that eaves and gutters do not extend more than 30 centimeters into a required minimum setback area. Otherwise, further variances would be required. TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 3:10 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
...12
AN/A-16:332 Page 2 Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority of The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions submitted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become part o f the public record and will be made available to the Applicant and the general public. Note to A pplicant: In default of appearance of yourself or of any person duly authorized by you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
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Committee of Adjustment City Hall 5th floor, 71 Main Street W est Hamilton, ON L8P 4Y5
Hamilton
Telephone (905) 546-2424, ext. 4221 Fax (905) 546-4202
COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING APPLICATION FOR MINOR VARIANCE APPLICATION NO. HM/A-17:39 IN THE MATTER OF The Planning Act, R.S.O., 1990, c.P. 13, as amended and of the Zoning By-Law No. 6593, of the City of Hamilton, Section 9. AND IN THE MATTER OF the Premises known as Municipal number 40 East 36th S t, in the City of Hamilton and in a "C" (Urban Protected Residential) district; AND IN THE MATTER OF AN APPLICATION by the agent Aiden Tuite on behalf of the owner Kathryn Tuite, for relief from the provisions of the Zoning By-Law No. 6593, under Section 45 of The Planning Act, R.S.O. 1990, c. P. 13, so as to permit the conversion of the existing single family dwelling to a two (2) family dwelling under Section 19 notwithstanding; 1. A second front door shall be permitted instead of no external appearance or character changes to the existing dwelling; 2. An exterior exit (fire escape) shall be permitted in the rear yard instead of no outside stairway; 3. A minimum of one (1) parking space shall be permitted instead of the required two (2) parking spaces; and, 4. A minimum distance of 0.44 metres to the rear lot line to the accessory structure shall be permitted instead of the minimum required 0.45 metres from the nearest lot line. Notes: 1.
A two (2) family dwelling shall contain only two (2) kitchens.
TAKE NOTICE that this application will be heard by the Committee as shown below:
DATE: TIME: PLACE:
Thursday, March 23rd, 2017 3:15 p.m. Rooms 192 & 1 9 3 ,1st floor Hamilton City Hall
If there is any further information you may require on this application please contact this office, at (905) 546-2424, ext. 4221 or 4144. By order of the Committee of Adjustment, DATED: March 7th, 2017
Scott Baldry^ Secretary-T reasurer ...12
HM/A-17:39 Page 2 Note: If you wish to be notified of the decision of the Committee in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board hearing. Even if you are the successful party, you should request a copy of the decision since the Committee’s decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. Information respecting this application is being collected under the authority o f The Planning Act, R.S.O., 1990, c. P. 13. A ll comments and opinions subm itted to the City o f Hamilton on this matter, including the name, address and contact information o f persons submitting comments and/or opinions, will become part o f the public record and will be made available to the Applicant and the general public. Note to Applicant: In default of appearance of yourself or of any person duly authorized bv you to appear on vour behalf, the Committee may dismiss the application for lack of prosecution.
BASEMENT APARTMENT
Z O N IN G A N D PRO PER TY STA TIS TIC S
FINISHED BASEMENT RENOVATION
DESCRIPTION:
LOT 25 REGISTERED PLAN NO. 785 IN THE CITY OF HAMILTON REGIONAL MUNICIPALITY OF HAMILTON-WENTWORTH
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360 m2
431 m2 (EXISTING)
FRONTAGE:
12m
15.54 m (EXISTING)
EXISTING HOUSE FRONT YARD:
6.00 m
7.20 m (EXISTING)
EXISTING RIGHT SIDE YARD:
1.20 m
3.84 m (EXISTING)
EXISTING LEFT SIDE YARD:
1.20 m
1.33 m (EXISTING)
EXISTING REAR YARD:
7.50 m
12.68 m (EXISTING)
BUILDING HEIGHT:
11.0 m
6.5 m (EXISTING)
FRONT PORCH:
1.5 m
3.48 m (EXISTING)
PARKING SPACES:
2
15.54
E A S T
3
6
PROPOSED:
ZONING DESIGNATION:
(P 3 & S e t)
1 (** VARIANCE REQ'D**)
SR
S T R E E T
t h
( BY REGISTERED PLAN 785, P.I.N. 1 7 0 6 2 -0 2 1 0 (LT) ) Project: BASEM ENT APARTM ENT 40 E 36TH STREET, HAMILTON, ONTARIO. L8V 3Y9 Sheet Tide:
S IT E PLAN AND Z O N IN G STATS 3 2
01/17 REVISED FOR COFA MH 11/17 REVISED FOR COFA XE 23/18 ISSUED FOR PERWT
1 DEC 22/18 ISSUES FDR REVIEW Ml (M s
A1
DC DC
Project No: 2015.105
DC DC * r.
CONSTRUCTION NORTH
re u s e d • C lZ^f _/. r 1 \
33'-S"
STAIR F.R.R. FINISHED CLOSED RISER STAIR CAVITY FULL W / BATT INSULATION 12.7 (1/2‘) RESILIENT CHANNEL @ 24" O.C. 2 PLY 1/2" TYPE 'X' GYPSUM BO. AS PER OBC VOLUME 2, SB-2: TABLE 2.3.12. SEE DETAIL X-X ON A4
NEW BASEMENT PLAN UNIT 1 A R EA = 1 1 1 3 .8 s q ft (103.5 sqm ) CEILING HEIGHT = 8'-0 “
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