Dundas' 24 Brock gets conditional approval for variances

News Jun 02, 2017 by Craig Campbell Dundas Star News

Seven minor variances to the zoning bylaw for a proposed four-storey, 51-unit residential building at 24 Brock St. N. in Dundas were conditionally approved Thursday, despite concerns from several neighbours who believe the changes contradict a previous Ontario Municipal Board settlement agreement.

City of Hamilton planning staff recommended three of the variances be denied, suggesting reduction in side and rear yard setbacks are not minor in nature, and may not meet the intent of the official plan and site specific zoning bylaw. But staff said if the city`s committee of adjustment chose to approve the variances, conditions should be attached.

The applicant must submit a revised stormwater management report to the satisfaction of development engineering and Canadian National Railway, and submit a revised noise and vibration study to the satisfaction of Canadian National Railway.

A third condition to the variance approvals is for the applicant to receive site plan approval from the city`s manager of development planning.

Development engineering staff recommended the application be tabled until the applicant provides a stormwater management design. Traffic management staff had no specific comments on the specific variances, but did note their site plan concerns had not yet been addressed and provided a list of 15 items that still need to be addressed through site plan review.

Neighbours, both in letters to the committee and in comments during the hearing, argued the property owner should be required to meet the development requirements in a previous Ontario Municipal Board settlement agreement made with residents who had appealed a previous development proposal on the site.

But committee member Bill Pearce said the City of Hamilton was not party to that agreement between the property owner and the neighbours and is permitted to alter the existing zoning bylaw even if it was influenced the agreement. He pointed out the city was only bound by a later agreement with the property owner.

“There`s a suggestion we can`t deal with these variances — in actual fact we can, the agreement is separate from the bylaw,” Pearce said. “The variances are to the bylaw.”

Consultant Nick DeFilippis, representing current 24 Brock St. N. owner Mickee Singh, said the setback variances requested were basically along the property line of 363 Park St. W. — which is also currently owned by Singh — and wouldn`t directly impact neighbours.

DeFilippis also addressed some issues raised by neighbours,  including whether there would be enough parking provided, and what the impact of adding three units to the previously approved 48 might be on already poor water pressure in that section of Dundas.

“We`re providing parking at a greater standard than existing levels and it’s all indoors,” DeFilippis said.

He said the development`s zoning bylaw requires 1.50 parking spaces per unit, for a total of 77 for the planned 51-unit building, where the rest of Dundas requires only 1.25 spaces per unit.

DeFilippis said the project also requires the property owner to replace the water main along Brock Street.

He said the point of the variances is to add more room for internal amenities than originally planned.

“We understand we have to satisfy stormwater (requirements) and (Canadian National Railway),” DeFilippis said, adding that if the city requires the development, during upcoming site plan review, to have larger setbacks beyond what was approved by the committee of adjustment the project will meet those requirements in order to get approval for the development.

“The setback (variances) are just a minimum,” DeFilippis said.

Singh and his wife, Seema Makhija, under the companies RedDotBrock1 and RedDotBrock2, bought both 24 Brock and 363 Park from Dundas business owner Alex Szabo for a combined total of $2.8 million in January.



Dundas' 24 Brock gets conditional approval for variances

Proposed building must still complete site plan approval process

News Jun 02, 2017 by Craig Campbell Dundas Star News

Seven minor variances to the zoning bylaw for a proposed four-storey, 51-unit residential building at 24 Brock St. N. in Dundas were conditionally approved Thursday, despite concerns from several neighbours who believe the changes contradict a previous Ontario Municipal Board settlement agreement.

City of Hamilton planning staff recommended three of the variances be denied, suggesting reduction in side and rear yard setbacks are not minor in nature, and may not meet the intent of the official plan and site specific zoning bylaw. But staff said if the city`s committee of adjustment chose to approve the variances, conditions should be attached.

The applicant must submit a revised stormwater management report to the satisfaction of development engineering and Canadian National Railway, and submit a revised noise and vibration study to the satisfaction of Canadian National Railway.

A third condition to the variance approvals is for the applicant to receive site plan approval from the city`s manager of development planning.

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Development engineering staff recommended the application be tabled until the applicant provides a stormwater management design. Traffic management staff had no specific comments on the specific variances, but did note their site plan concerns had not yet been addressed and provided a list of 15 items that still need to be addressed through site plan review.

Neighbours, both in letters to the committee and in comments during the hearing, argued the property owner should be required to meet the development requirements in a previous Ontario Municipal Board settlement agreement made with residents who had appealed a previous development proposal on the site.

But committee member Bill Pearce said the City of Hamilton was not party to that agreement between the property owner and the neighbours and is permitted to alter the existing zoning bylaw even if it was influenced the agreement. He pointed out the city was only bound by a later agreement with the property owner.

“There`s a suggestion we can`t deal with these variances — in actual fact we can, the agreement is separate from the bylaw,” Pearce said. “The variances are to the bylaw.”

Consultant Nick DeFilippis, representing current 24 Brock St. N. owner Mickee Singh, said the setback variances requested were basically along the property line of 363 Park St. W. — which is also currently owned by Singh — and wouldn`t directly impact neighbours.

DeFilippis also addressed some issues raised by neighbours,  including whether there would be enough parking provided, and what the impact of adding three units to the previously approved 48 might be on already poor water pressure in that section of Dundas.

“We`re providing parking at a greater standard than existing levels and it’s all indoors,” DeFilippis said.

He said the development`s zoning bylaw requires 1.50 parking spaces per unit, for a total of 77 for the planned 51-unit building, where the rest of Dundas requires only 1.25 spaces per unit.

DeFilippis said the project also requires the property owner to replace the water main along Brock Street.

He said the point of the variances is to add more room for internal amenities than originally planned.

“We understand we have to satisfy stormwater (requirements) and (Canadian National Railway),” DeFilippis said, adding that if the city requires the development, during upcoming site plan review, to have larger setbacks beyond what was approved by the committee of adjustment the project will meet those requirements in order to get approval for the development.

“The setback (variances) are just a minimum,” DeFilippis said.

Singh and his wife, Seema Makhija, under the companies RedDotBrock1 and RedDotBrock2, bought both 24 Brock and 363 Park from Dundas business owner Alex Szabo for a combined total of $2.8 million in January.



Dundas' 24 Brock gets conditional approval for variances

Proposed building must still complete site plan approval process

News Jun 02, 2017 by Craig Campbell Dundas Star News

Seven minor variances to the zoning bylaw for a proposed four-storey, 51-unit residential building at 24 Brock St. N. in Dundas were conditionally approved Thursday, despite concerns from several neighbours who believe the changes contradict a previous Ontario Municipal Board settlement agreement.

City of Hamilton planning staff recommended three of the variances be denied, suggesting reduction in side and rear yard setbacks are not minor in nature, and may not meet the intent of the official plan and site specific zoning bylaw. But staff said if the city`s committee of adjustment chose to approve the variances, conditions should be attached.

The applicant must submit a revised stormwater management report to the satisfaction of development engineering and Canadian National Railway, and submit a revised noise and vibration study to the satisfaction of Canadian National Railway.

A third condition to the variance approvals is for the applicant to receive site plan approval from the city`s manager of development planning.

Related Content

Development engineering staff recommended the application be tabled until the applicant provides a stormwater management design. Traffic management staff had no specific comments on the specific variances, but did note their site plan concerns had not yet been addressed and provided a list of 15 items that still need to be addressed through site plan review.

Neighbours, both in letters to the committee and in comments during the hearing, argued the property owner should be required to meet the development requirements in a previous Ontario Municipal Board settlement agreement made with residents who had appealed a previous development proposal on the site.

But committee member Bill Pearce said the City of Hamilton was not party to that agreement between the property owner and the neighbours and is permitted to alter the existing zoning bylaw even if it was influenced the agreement. He pointed out the city was only bound by a later agreement with the property owner.

“There`s a suggestion we can`t deal with these variances — in actual fact we can, the agreement is separate from the bylaw,” Pearce said. “The variances are to the bylaw.”

Consultant Nick DeFilippis, representing current 24 Brock St. N. owner Mickee Singh, said the setback variances requested were basically along the property line of 363 Park St. W. — which is also currently owned by Singh — and wouldn`t directly impact neighbours.

DeFilippis also addressed some issues raised by neighbours,  including whether there would be enough parking provided, and what the impact of adding three units to the previously approved 48 might be on already poor water pressure in that section of Dundas.

“We`re providing parking at a greater standard than existing levels and it’s all indoors,” DeFilippis said.

He said the development`s zoning bylaw requires 1.50 parking spaces per unit, for a total of 77 for the planned 51-unit building, where the rest of Dundas requires only 1.25 spaces per unit.

DeFilippis said the project also requires the property owner to replace the water main along Brock Street.

He said the point of the variances is to add more room for internal amenities than originally planned.

“We understand we have to satisfy stormwater (requirements) and (Canadian National Railway),” DeFilippis said, adding that if the city requires the development, during upcoming site plan review, to have larger setbacks beyond what was approved by the committee of adjustment the project will meet those requirements in order to get approval for the development.

“The setback (variances) are just a minimum,” DeFilippis said.

Singh and his wife, Seema Makhija, under the companies RedDotBrock1 and RedDotBrock2, bought both 24 Brock and 363 Park from Dundas business owner Alex Szabo for a combined total of $2.8 million in January.