Good evening everyone. I'd like to call this meeting to
order under the authority of subsection 45 of the planning
act, RSO 1990 chapter P13 has amended to provide relief
from zoning bylaw 07 - 67. We will be hearing
Application A07 - 26 this evening. The purpose of this
hearing of the Committee of Adjustment is to allow the
presentation of an application for a minor variance and to
allow interested members of the public the opportunity to ask
questions or offer comments regarding this application. The Committee will
exchange views and the decision will come after full consideration
of input from the hearing submissions from any interested parties
and comments from agencies. If any member of the public
would like to be notified in rating of the Committee
of Adjustments Decision on an application there to email coa
at iron. ca or mail this request to 568 Forge
or Fogger Road. Hillsburg, Ontario, NOB 10O. For anyone who
has completed the sign - in sheet at the podium,
please note you do not need to separately submit a
written request to be notified. We'll start with deferrals. Consider
the Application allow any parties interested in the Application to
speak. Allow additional comments from the Applicant and then come
to a decision. So I have a, the following motion
before the committee, be it resolved that the Committee hereby
approves the Agenda circulated. Do I have a mover and
a secondary for this motion. I'll second. All those in
favor. Carried. Declaration of Prachinitary interests. Do any members of
the Committee have any pequenitary interests regarding an application before
the Committee today? Seeing none, we will carry on. I
have the following motion before the committee, be it resolved
that the Committee hereby adopts the minutes and circulated for
the meeting of June 17, 2026. Do I have a
mover in secondary for that motion. I'll move it. Remember
Bruce will secondly. All those in favor. Carried. Request for
withdrawal defer. So does the Applicant wish for whatever reason
to withdraw or to further application? And I'm calling on
Maria Jones. Okay, thank you. Justin, will you please confirm
that Notus was provided. Thank you, Mr. Chair, through you.
Notice was given on August 6th to every owner of
land within 60 metres of the subject property and to
ages requiring Notices prescribed under the Planning Act. Thank you.
We will now consider the Application file number A07 -
26. Location is 5916 Trafalgar Road North Hillsburg. I will
now invite the town senior planner who is with us
virtually. Thank you Jessica for being here to present her
report. Jessica, do you solemnly affirm that the evidence to
be given by you at this hearing touching the matters
and questions shall be the truth, the whole truth, and
nothing but the truth? I do. Thank you, carry on.
Through you Mr. Chair, this is minor variance applications 07
- 26 for Hillsburg Heights, Inc. Located at 5916 Trafalgar
Road North in Hillsburg. The Application is to facilitate the
development of single detached and townhouse dwellings associated with the
proposed redline revisions to the county - approved draft plan
of subdivision 23t . 2. And the red line revisions
will our subject to count the approval. Four variances were
requested. A minimum exterior side yard of. Such dwellings in
the UR - 1 - 102 zone, whereas the minimum
exterior side Jared shall be four metres. A maximum building
height of 13 metres for single detached dwellings in the
UR - 1 - 102 zone, whereas the maximum building
height shall not exceed 11 metres. Building height of 13
metres for all - town. Have you are 2 -
101 zone, whereas the maximum building height shall not exceed
12. 5 metres for a stack townhouses and 11 metres
for all other. A minimum watt frontage of 6 metres
per end unit or corner lot for a townhouse. In
the UR2 - 101 zone, whereas the minimum lot -
fronted shall be 6 metres per unit on an interior
lot and 7 metres per year and unit or corner
lot. Staffer satisfied that the Application meets the 4 tests
of the planning act. No objections were received from circulated
agencies or departments as the Hillsburg subdivision has already received
approval establishing an overall development framework, including road network and
housing forms. The applicant is requesting that certain permissions already
established elsewhere and be extended. Three written submissions from members
of the public were received by staff after this report
was finalised and were subsequently forwarded to the committee for
consideration. Planning staff recommended approval of the Application. Thank you
very much. We'll now provide an opportunity for representation and
questions regarding A07 - 26. So at this time I'll
call Maria to the podium if she could please. Maria,
do you solemnly affirm that the evidence to be given
by you at this hearing touches the matters and questions
shall be the truth, the whole truth, and nothing but
the truth. I do. Thank you, carry on. Good evening.
My name is Maria Jones. I'm a planner with Candevcon
group representing the Applicant Hillsburg Heights. Our presentation complements that
was present, the one that was presented by the town.
We had submitted a minor variance application to facilitate the
development of single detached in townhost dwellings in accordance. With
the, in accordance with the proposed red line revisions to
the county approved draft plan as subdivision 23T - 21002.
For some background, the site was rezoned on December 12,
2024 through zoning bylaw, amendment 2454, and the plan of
subdivision was approved on December 19, 2025. The approved subdivision
included 195 single detached lots, 174 townhouse units, a school
block, a park. And stormwater management facilities. During the detailed
engineering design, it became apparent that the site topography, particularly
within the townhouse blocks north of the stormwater management pond
near Trafalgaro created some grading challenges due to the southward
slope. To address these conditions. A limited number of single
detached in townhouse lots were reconfigured to better accommodate the
site. This area of photo here illustrates the subject lands
in context to the surrounding area. As indicated, the requested
through the planner, the requested variance is provide flexibility by
both single detached and townhouse lots within the UR -
1 102 and you are 2101 zones of the site
- specific bylaw. For the townhouse lots in the UR
- 2101 zone, relief is requested to permit the minimum
frontage of 6 metres for ending corner units, whereas seven
metres is permitted or required. To permit a maximum height,
building height of 13 metres, whereas a maximum of 12.
5 metres for Stack Townhouses and 11 metres for other
townhouse forms is permitted. For single detached lots in the
UR - 1 - 02 zone, relief is requested to
permit exterior side yards of 3 metres, whereas 4 metres
are required, and to permit a maximum building height of
13 metres where 11 metres are permitted. These variances allow
the single detached in townhouse lots to be developed interchangeably
within the affected zones. This slide identifies the area affected
by the proposed red line revisions through the red lines.
The affected area is located north of the stormwater management
blonde near Trafalgar Road. The proposed law configurations correspond to
existing grading constraints and will accommodate walk out basement designs.
It will reduce the need for between walls, between homes,
minimize existing grading and slight alterations and avoid unconventional building
designs that would otherwise be required due to the sight
slope. In our opinion, the Application satisfies
all four tests under the planning act. It may, the
Application maintains the intent of the official plan. It proposes
development required development. The proposed development remains residential in nature
and continues to implement the approved residential designation. Both townhouse
and single detached dwelling are permitted forms in the official
plan. It does maintain the intent of the zoning bylaw.
The variances do not alter the overall vision or function
of the approved zoning. Rather they introduce limited site -
specific provisions to provide flexibility while maintaining appropriate setbacks, streetscape
character, landscape opportunities, and building design. It is desirable for
the appropriate development of the land, the variances support practical
development solutions that respond to site conditions. They allow for
efficient lot layouts and building designs while maintaining the intent
of the approved subdivision. And we feel that it is
minor in nature. The request relief is technical and limited
in scope. The subdivision continues to provide the same housing
forms already approved and will end with only minor adjustments
to lock configurations. In conclusion, upon approval of the variances,
a red line revision to the approved draft plan of
subdivid or to the approved plan of subdivision will be
submitted to the town and county for final approval. And
the county will be the final approval authority. The revised
plan proposes 198 single detached lots and 173 townhouse units
representing essentially no change to the overall density of the
subdivision. The proposed red line revisions and associated variances are
technical in nature, and they respond to site - specific
grading constraints and represents good planning. That concludes my presentation.
Thank you very much. I'm sure we will be back
to you here shortly. So next we will allow any
members of the public desiring to speak to make their
representation. Please note that you'll have up to 10 minutes
to make your representation and that your comments or questions
should specifically relate to the Application before the committee. So
that is just strictly on the variances that they're requesting
of the height to go from 11 metres to 13
from 12 and a half to 13. The front edge
to go from 7 to 6, and the side lots
to go from 4 metres to 3 metres. So, um,
at this time, I believe we have one person that
would like to speak. So is there a stert, Brennan?
Okay. So Stuart. Hang on a second. Go - brother.
Do you solemnly affirm that the evidence to be given
by you at this hearing touching the matters and questions
shall be the truth, the whole truth, and nothing but
the truth? Absolutely. Thank you very much. I may be
at the wrong way say it in regards to the
application. For the variants. However. You're asking, they're asking the
residents for support. And we as the residents, we don't
seem to be getting any support back from this company.
So we have a few issues in our neighbourhood. And
unfortunately it's not to do with the variance. So that's
where you're here for today, correct? However, because we've been
chased in the company because they have so many different
people in between, the towns hired, I believe, it's Ainsley
group. That represent any problems. And the gentleman's name is
Josh McLean. Who is the goal between. For the town.
And we've had issues since they started construction, but it's
really come to a light with their grading. And I
live, I back on to the stormwater management pond. So
this is going to directly affect me. Now the grading
they have there on my side is I was told
by this Josh gentleman that they were supposed to change
the grading there. Now you're talking about the grading on
the other side. I'm talking about the grading that box
on our place. And the issue we have and myself
and my other neighbours is. During the first time they
put up that black fence. Now you put around it
for a construction. Well, that fence fell down. And they
had Bellsley haze in between, right? So the pressure then
went and it threw my fence down. And then they
came and I said, you got to put a new
fence up, right? Like not a new one, but repair
my fence. So they came and they put another black
fence up another six yards in behind the black fence
that went down. So nobody since then, uh, we've sent
out my neighbours that sent out emails to all the
town councillors, no reply. The only person that has replied
to us is a mayor so far. And we had
a conversation last week, they replied to another one of
the other replied from the mayor. That's all a phone
call. Okay. And I explained what was going on. I
didn't know that this, this variance was going on. So
he said he can't get involved or whatever. And this
may not be the place for. It. But if this
is what this company is doing now. I expect, because
it's been almost three years, I would suspect that this
is what they're going to do in the future. And
that's why I'm dead against this. I don't care how
big they build it or anything, but they, they have
to at least address our concerns as neighbours. If they
don't want it, then we have a big issue. And
we're held, unfortunately, we're health issues. Now our neighbours across
the street also us, my wife, her eyes, but the
kinds of stuff that's going on. Nothing that's addressed. Nope.
And they tell Josh, they're going to come and redo
the, uh, the hill. I have seen, when he plays,
they redid the hill is where the town's fire extinguisher,
uh, fire hydrant is. Other than that, they have done
nothing with redoing that hill. It's a mess. Okay. Um,
Jessica and between you and Justin, maybe there's somebody that,
um, you guys can have contact the local residents that
have filed questions and stuff like that. Uh, I'm sure
you guys will have a, have somebody that could contact
them and work through some of this. Um, it doesn't
affect the, um, the application tonight. But, um, there is
concerns that they've had that they've been trying to get
some answers to. So maybe between the two years you
can figure out or this other company. You guys can
have them reach out to them and see if they
can't get them some answers. Um, just cause you guys
are with the town. I'm hoping that, um, that you
guys know somebody that you guys can get in contact
with that they can go and see some of the
residents that are right there that are being affected. And
hopefully get them some answers and that might help, help,
uh, straighten a lot of things out. I appreciate that.
But we have been in contact. I got all kinds
of emails that's coming. But okay, no resolve. Okay. Well,
hopefully we can get you something. Thank you. Thank you.
Is there anyone else that would like. Please step up?
You're going to have to state your name. Cause unfortunately
I don't have it here on my list. My name
is Marilyn. My last name is Pressful. He put several
emails. From me. Okay. Maryland, do you saw me affirm
that the evidence to be given by you at this
hearing touching the matters in questions shall be the truth.
The whole truth and nothing but the truth. Yes. Thank
you, carry on. So I have no problem with the
growth at Hillsburg. I think it's fabulous what we're doing.
I'm directly affected because I do back on. I'm one
of the neighbours. I know Molly and Dan, Paul and
Pearl. I can name them all. Well, my concern is,
is not the minor variance. Thank you, Jessica, for all
your work. It's that it's a blanket variance because what
they've asked for is not just for these specific homes,
but they're now saying we don't have to do the
rest of the paperwork. We want to be able to
do these variances as we go forward. I would be
fine if you just specify those houses. And said, that's
what we're going to make the changes to. Those are
minor variances. But this is asking for a blanket change.
And I agree with you. I don't trust them. I
don't trust. And this is going to sound horrible. Council
to have the time to be able to address all
the small things that we as homeowners. I've been here
for over two decades with my husband. I don't think
it's appropriate. That this is considered minor. It is blanket
for the entire subdivision. Sorry Jessica. I know it's more
paperwork for you, but it is my home. Additionally, we
have to consider the green spaces. So if the builder
can admit that it's not minor, this is asking for
a blanket change to save the paperwork. And I understand
it's a lot of work. But it is not okay.
To be signed off as minor. If you can specify
the lot numbers, the changes to those lot numbers and
not make it future forward because I don't think you
can go back once you've given them off the leash.
They're going to be off the leash. Jessica, it only
affects the ones within the red line on the diagram,
correct? The Applicant is proposing changes which are the red
lines. Um, however, it is for the whole zone. And
I hear the residents concern. However, there are already existing
established permissions for 13 metre kites. They're permitted to put,
they're already exist permissions to put townhouses where singles are
and singles where townhouses are, um, it's just those slight
iterations of, um, a metre or two metres that is
in question. So, um, backing on to upper Canada Drive,
um, they're already permissions for 13 metre heights. And three
metre, um, exterior, uh, side air. So the permissions are
already there in certain zones. Okay. Thank you. No, that
does not clear it up. It already is passed on
some. Of it. And this is all. We're really looking
at. Is the red line. Because it's already passe. On
the other stuff. It didn't come from a. So can
I ask a question, Jessica? Are they able to change
those, um, single unit homes. And obviously I'm asking for
myself and for the people who are not here, that
back directly onto it. Are those going to remain single
unit homes. Those will remain single detached dwellings. However, there
are permissions if they wanted to without coming for a
minor variance. To change them into townhouses. And when they
wouldn't need a minor, may I ask, sorry to cut
you off. When did that happen? Uh, well, it didn't
happen. It's not happening. They're, they're keeping them as singles.
But the zone, the, the exception zone already permits townhouses.
So they could go straight to the county and request
a red line revision and put in towns. They wouldn't
even have to come to, uh, the Committee of Adjustment.
But they're not going to do that. We've worked with
them and, um, public. And they're going to put single
detached dwellings in that area. Only a few minor homes
will be changed. And it is for grading purposes. I
will leave this in the council's, the committee's hands. I
want you to understand what it's like to live behind
these developers. We've definitely worked with them. And I've had
a different experience on a couple of occasions where they
have been quite supportive when we had flooding across our
entire backyard in our septic for several days. They did
come and support that. So please forgive me if I
appear to be a little over concerned. I don't think
you can be over concerned given the situation that we
are in in Ontario at this time. And I do
not want to see something that is not reflective. That's
the word. Of Aaron's charm. And I don't want to
see less green space or less consideration for the people
that should have the charm and the ability to have
a wonderful community there. Thank you for putting up with
all my emails, Justin as well. Anyways, um, I do
think it could have been a better, uh, application being
minor. If it is truly minor not being blanket, um,
because you may know these things, Jessica, but I do
not. And the people up and down my street do
not. And we are very concerned. So thank you for
listening to me this evening. Thank you very much. Is
there anyone else. Seeing none, I will now invite questions.
Um, that they have for the Applicant or the staff.
And Marielle invite you back to the podium just to
answer your questions from the committee. And I will turn
it over to the committee. Bill, you got to help
me out here. You got to have a question. Yes,
hi Maria. Uh, I do have a few questions. Um,
obviously it's just the townhouse lots and those singles that
are on the red line revisions, um, I mean, yes,
uh, the variances requested are specific to the, uh, the
zone categories, I would assume, um, would you have any
objection if we tied it, the approval. To the red
line plan essentially. Like a simple condition, tying it to
the red line plan that these variances are for those
particular lots that are outlined on the red line plan.
I mean, that basically would entail that the variances as
approved cannot be as the neighbour suggested used elsewhere. And
I know that there's 14 metre approvals throughout the set
of vision height approvals. The setbacks and so forth. Um,
just, I can't see a reason why we can't tie
it to these specific lots. As opposed to the whole
zone category. And maybe that's a question through Jessica and
Justin. But, uh, it may satisfy the neighbours to a
certain extent. Is that possible. Jessica. I would just caution
in case that the Applicant had to come back and,
um, make further minor adjustments. Um, and that's why the,
um, exterior lots were included in here. Um, because they
may need to move some of the singles to the
outside of the street. Um, so we would be back
at committee again, asking, uh, for relief. Uh, this way
we do it once. Um. The revisions are just in
that area. Uh, and it's just so that the developer
can get going with these with the first phase. Not
that it ultimately it's committee's decision. But Jessica, if we
were to do it just on the red line, um,
units affected within the red line. And they did have
to come back to the committee. That would at least
keep the neighbours inform, um, I believe they feel that
they're not informed right now. Um, that that would make
them be informed because they would have to come back
and get approval. They know what's, what's being changed. Um,
so do you see any problem with that? If we
had, we had that. Uh, there would be no problem
with that. All right. Thank you. Any. Other questions. Um,
just one more question. Just, you know, this, we're dealing
with the minor variances. I know the neighbours have brought
up the grading and drainage. Isn't there a relatively large,
uh, deposit as part of the planet television that's being
put forth to the town that if there is issues,
I mean, the town could threaten to take some of
that money that's been part of the LC or bond
and put it towards the town going out and repairing
things. I mean, it's just a consideration. Yeah, that would
come through there are securities held. With a town. The
Applicant had to submit those. Um, and our engineer Ainley,
uh, the, um, consulting engineer for the town is working
with the Applicants engineer. However, if it does get to
that point, there are securities that we can draw on.
Okay. Perfect. Thank you.
Yeah. I mean, simply put, I just think, uh, there
should be a, uh, just the plan tied to it
that the lots are specific to what is redlined. Like
I don't know, honestly, don't think it's a, any, uh,
issue pertaining to the developer, uh, they came in with
a specific application. It's to do a specific grading issue.
So if we tied it to a site plan or
those specific areas or lots, um, simple enough, I just
suggest the condition specifying that the variances are as approved
are tied to the, uh, redline revisions that were submitted
as part of the application. Is that okay, Justin? Three
year, Mr. Chair. I'm just going to suggest some language
here that I'll get feedback in real time for my
senior planner on. It would be resolved that the town
of Arian Committee Adjustment hereby approves, semi - variance application
A07 - 26. Subject to the following condition that the
relief granted shall be limited to the red line revisions
to draft plan of subdivision file number 23t, 2102, as
submitted with minor variance application A07 - 26. And that
would, Jessica, can you provide feedback on that? Is that
language sounding okay to you as a condition. Yeah. Could
you just repeat it one more time, Justin? Sure. So
the condition would be that the relief granted shall be
limited to the red line revisions to draft plan of
subdivision, file number 23t 21002 as submitted with minor variance
application A07 - 26. Yes, that would be fine. Okay.
So Mr. Chair, through you, that would still require a
mover and seconder and reasons for the committee. But I
will just put that forward. As a proposed condition if
the committee were desirous of including that. Committee
adjustment here might approve some minor variance application A07. That's
26. Sends the applicant means the planning activist for minor
variants being. The requested variants that you're concerned. Hang on
a second. Sorry about that. DD me to start back.
Okay. So be it resolved that the town of your
Committee of Adjustment hereby approves a minor variance application A07
- 26. With the following conditions. That the relief granted
shall be limited to the red line revisions to draft
plan of subdivision file number 23t - 21002 as submitted
with minor variance application A07 - 26. Thanks, Justin. Um,
as the Application meets the planning Act test for minor
variants being the requested variance, they're considered minor in nature.
The variances are desirable for the appropriate development of or
use of the land building or structure, the general intent
and purpose of the zoning bylaws maintained and the general
intent and purpose of the official plan is maintained. Do
I have a mover and secondary for this motion. Yes,
member Eltrood, I'll move it. Member Parkinson will second it.
All those in favor. Carrie. And I will now adjourn
the meeting at, um, 633 PM.