Committee of Adjustment Minutes

Thursday, October 10, 2024 at 4:00 P.m. - 8:00 P.m.

Council Chambers

Guelph City Hall, 1 Carden Street

Members Present

• J. Smith, Chair
• A. Balaban
• J. Goodfellow
• P. Membreño

Members Absent

• G. Sayer
• N. Segal
• R. Speers

Staff Present

• L. De Jong, Engineering Technologist
• T. Di Lullo, Secretary-Treasurer
• J. T. McDonald, Council and Committee Assistant
• K. Patzer, Senior By-law Administrator/Zoning Inspector III
• L. Sulatycki, Planner
• J. Tang, Legislative Coordinator
• M. Yu, Planning Clerk

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Call to Order

Chair J. Smith called the meeting to order. (4:00 p.m.)

Opening Remarks

Chair J. Smith explained the hearing procedures.

Disclosure of Pecuniary Interest and General Nature Thereof

Member Membreño declared a pecuniary interest related to file A-71/24 (424 Willow Road) due to the nature of their personal relationship with the owners.

Requests for Withdrawal or Deferral

There were no requests.

Current Applications

A-65/24 50-60 Fife Road

Owner: UpBuilding! Non Profit Homes (Guelph) Inc.

Agent: Mia Trana, Tim Welch Consulting Inc.

Location: 50-60 Fife Road

In Attendance: Mia Trana, Howard Kennedy, Tim Welch, Corinne Maloney

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. M. Trana, agent, responded that the sign was posted and comments were received. M. Trana and H. Kennedy, explained the general nature of the application.

No members of the public spoke.

Secretary-Treasurer T. Di Lullo noted that correspondence was received after the commenting deadline from the Guelph Chamber of Commerce in support of the application, and this correspondence was circulated to the Committee members and staff in advance of the hearing. 

• Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

  Moved by: J. Goodfellow
  Seconded by: A. Balaban

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 5.3, Section 5.9(b) and Section 6.18 of Zoning By-law (2023)-20790, as amended, for 50-60 Fife Road, to permit:

  1. a minimum of 95 off-street parking spaces for the existing apartment building, existing townhouse units, and proposed multiple attached dwellings, when the By-law requires a minimum of 1.5 parking spaces per unit for the first 20 units in an apartment building, and 1.25 spaces per unit for more than 20 units; 1 parking space per unit for an existing townhouse unit; and 1.2 parking spaces per unit for the proposed townhouse units [total of 102 parking spaces required];
  2. 0 designed electric vehicle parking spaces, when the By-law requires a minimum of 80 percent of total required parking spaces for multi-unit buildings with 3 or more dwelling units, townhouse – cluster, stacked, stacked back-to-back, and mixed-use buildings shall be provided as designed electric vehicle parking spaces; and
  3. a minimum buffer strip of 1 metre around the perimeter of the surface parking lot and to permit the placement of a transformer within the buffer strip, when the By-law requires a minimum buffer strip of 3 metres is required around the perimeter of surface parking lots,

  be approved.
  
  Reason: 

  This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1) of the Planning Act.

  Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

  Carried

A-71/24 424 Willow Road

Owner: Jose Tobon and Diana Rubio

Agent: Bobby Randhawa, Two Rivers Building Group

Location: 424 Willow Road

In Attendance: Mike Norrie

Member P. Membreño left the hearing and did not participate in the discussion or debate on the application.

Secretary-Treasurer T. Di Lullo noted that correspondence was received after the commenting deadline from the agent with photos of property, and that these photos were circulated to the Committee members and staff in advance of the hearing. 

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. M. Norrie, representative for agent, responded that the sign was posted and comments were received. M. Norrie, explained the general nature of the application.

The following delegate spoke:

Aorwa Alkaelab

• Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

  Moved by: J. Smith
  Seconded by: A. Balaban

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Section 4.12.1(d)(vii) of Zoning By-law (2023)-20790, as amended, for 424 Willow Road, to permit a minimum left side yard setback of 0.6 metres for the proposed additional residential dwelling unit in a separate building on the lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum interior side yard and rear yard setback consistent with the interior side yard setback for the primary dwelling unit in the RL.1 Zone, being a minimum of 1.2 metres, be refused. 

  Reason: 

  This minor variance application is refused, as it is the opinion of the Committee that this application does not meet all four tests under Section 45(1) of the Planning Act, specifically being that the requested variance is not minor in nature, and is not desirable for the appropriate development of the lands, based on reasons outlined in the staff comments. 

  Carried

  Member P. Membreño rejoined the hearing.

  
  

A-77/24 42 Acker Street

Owner: Waleed Ahmed and Kaylee Tremblett-Onyszko

Agent: Tanvir Rai, Noble Prime Solutions Ltd.

Location: 42 Acker Street

In Attendance: Tanvir Rai

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. T. Rai, agent, responded that the sign was posted and comments were received. T. Rai explained the general nature of the application

No members of the public spoke.

• Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

  Moved by: A. Balaban
  Seconded by:  P. Membreño

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Table 4.7.6B of Zoning By-law (2023)-20790, as amended, for 42 Acker Street to permit a minimum left side yard setback of 0.49 metres for the proposed uncovered porch (landing) and exterior stairs, when the By-law requires a minimum interior side yard setback of 0.6 metres for an uncovered porch and stairs, be approved, subject to the following condition:

  1. That prior to building permit the applicant submits a grading and drainage plan for the property, to the satisfaction of the General Manager/City Engineer.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act.

  Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

  Carried

  The Committee recessed at 5:01 p.m. and reconvened at 5:05 p.m.

  
  

A-78/24 25 Aberdeen Street

Owner: Nicola Lower

Agent: N/A

Location: 25 Aberdeen Street

In Attendance: Nicola Lower

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. N. Lower, owner responded that the sign was posted and comments were received. N. Lower explained the general nature of the application.

No members of the public spoke.

• Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

  Moved by: Balaban
  Seconded by: Goodfellow 

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 4.7.5A of Zoning By-law (2023)-20790, as amended, for 25 Aberdeen Street, to permit:

  1. a minimum front yard setback of 1.3 metres for the proposed open, roofed front porch, when the By-law requires a minimum front yard setback of 2 metres for an open, roofed porch not exceeding 1 storey in height; and
  2. a minimum front yard setback of 0.1 metres for the proposed exterior stairs associated with the proposed open, roofed front porch, when the By-law requires stairs associated with a porch to have a minimum front yard setback of 2 metres,

  be approved.

  Reason:

  This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1) of the Planning Act.

  Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

  Carried

A-76/24 8 Grant Street

Owner: David Aiken and Susan Aiken

Agent: Justin Massecar, MW Drafting and Design

Location: 8 Grant Street

In Attendance: Justin Massecar

Secretary-Treasurer T. Di Lullo noted that correspondence was received after the commenting deadline from Trevor Mitchell and Rocky Mugford both in support of the application and that this correspondence was circulated to the Committee members and staff in advance of the hearing. 

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. J. Massecar, agent, responded that the sign was posted and comments were received. J. Massecar explained the general nature of the application

No members of the public spoke.

• Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

  Moved by: J. Goodfellow
  Seconded by: A. Balaban

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Section 4.12.1(d)(vii) and Section 4.12.1(d)(viii) of Zoning By-law (2023)-20790, as amended, for 8 Grant Street to permit:

  1. a minimum left side yard setback of 0 metres for the proposed additional residential dwelling unit in a separate building on the lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum interior side yard and rear yard setback consistent with the interior side yard setback for the primary dwelling unit in the D.2 Zone, being a minimum of 1.5 metres; and
  2. a minimum distance of 2.63 metres between the primary dwelling unit and the proposed additional residential dwelling unit in a separate building on the lot, when the By-law requires a minimum distance of 3 metres shall be provided between the primary dwelling unit and an additional residential dwelling unit in a separate building on the same lot,

  be approved, subject to the following conditions:

  1. That the proposed accessory dwelling unit be constructed in general accordance with the submitted site plan sketch to the satisfaction of the General Manager of Planning and Building Services, which includes the removal of the rear shed as shown on the plan.
  2. That an Access and Maintenance Agreement be registered on title of the neighbouring property (101 Fountain Street East) to the satisfaction of the Chief Building Official. The agreement shall contain provisions to permit access for the owner of 8 Grant St onto 101 Fountain Street East, to allow for maintenance and construction of the additional residential dwelling unit in a separate building.
  3. That the existing shed #1 be demolished prior to the issuance of any building permit for the additional residential dwelling unit in a separate building.
  4. That the existing fence shown through the required off-street parking space be removed prior to the issuance of any building permit for the additional residential dwelling unit in a separate building.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets all four tests under Section 45(1) of the Planning Act.

  Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matte

  Carried

A-75/24 82 Eramosa Road

Owner: Richard Carroll and Quinton Carroll

Agent: Brendan Kurtz

Location: 82 Eramosa Road

In Attendance: Brendan Kurtz

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. B. Kurtz, agent, responded that the sign was posted and comments were received.

No members of the public spoke.

• Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

  Moved by: J. Goodfellow
  Seconded by: A. Balaban 

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Section 4.12.1(d)(vii) of Zoning By-law (2023)-20790, as amended, for 82 Eramosa Road, to permit a minimum right side yard setback of 0.56 metres for the proposed additional residential dwelling unit in a separate building on the subject lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum interior side yard and rear yard setback consistent with the interior side yard setback for the primary dwelling unit in the RL.1 Zone, being a minimum of 1.5 metres, be approved, subject to the following condition:

  1. That an Access and Maintenance Agreement be registered on title of the neighbouring property (100 Queen Street) to the satisfaction of the Chief Building Official. The agreement shall contain provisions to permit access for the owner of 82 Eramosa Road onto 100 Queen Street, to allow for maintenance and construction of the additional residential dwelling unit in a separate building.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act.

  Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

  Carried

A-73/24 84 Forbes Avenue

Owner: Dave Reesor and Teresa Reesor

Agent: Jeff Buisman

Location: 84 Forbes Avenue

In Attendance: Jeff Buisman 

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. J. Buisman, agent, responded that the sign was posted and comments were received. J. Buisman explained the general nature of the application.

No members of the public spoke.

• Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

  Moved by: A. Balaban
  Seconded by: J. Goodfellow

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Table 6.3 of Zoning By-law (2023)-20790, as amended, for 84 Forbes Avenue, to permit a minimum rear yard setback of 3.2 metres for the proposed addition to the rear of the existing detached dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres, or 20 percent of the lot depth [being 8.2 metres], whichever is less, be approved.

  Reason: 

  This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1) of the Planning Act.

  Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

  Carried

A-74/24 90 Cityview Drive North

Owner: Michael Speagle and Stacey Speagle

Agent: N/A

Location: 90 Cityview Drive North

In Attendance: Michael Speagle and Stacey Speagle

Secretary-Treasurer T. Di Lullo noted that correspondence was received after the commenting deadline from the owner with photos of the fence in question, and these photos were circulated to the Committee members and staff in advance of the hearing. 

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. S. Speagle, owner, responded that the sign was posted and comments were received. M. Speagle explained the general nature of the application.

No members of the public spoke.

• Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

  Moved by: J. Goodfellow
  Seconded by: A. Balaban 

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of 4.16.3(b)(iii) of Zoning By-law (2023)-20790, as amended, for 90 Cityview Drive North, to permit the extension of the existing fence with a maximum fence height of 1.8 metres in the exterior side yard, located from the midpoint of the main dwelling to the front wall of the main dwelling, and located outside of the sight line triangle for the subject property, when the By-law requires that a fence located in an exterior side yard shall not exceed 0.8 metres in height in the remaining exterior side yard, located from the midpoint of the main building towards the front lot line, be approved.

  Reason: 

  This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1) of the Planning Act.

  Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

  Carried

Chair and Staff Announcements

Appointment of Deputy Secretary-Treasurer - J. McDonald

Secretary-Treasurer T. Di Lullo noted that in order to more efficiently conduct the work of the Secretary-Treasurer it was necessary to appoint a Deputy Secretary-Treasurer with all the authority and powers of the Secretary-Treasurer.

• Moved by: J. Smith
  Seconded by: J. Goodfellow

  1. That Jordan McDonald be appointed as an additional Deputy Secretary-Treasurer pursuant to Section 44(8) of the Planning Act, R.S.O. 1990, c. P.13. until such time as a successor is appointed.
  2. That the previous appointment of Andrew Sandor as Deputy Secretary-Treasurer continue until such time as a successor is appointed.
  Carried

Staff Announcements

Secretary-Treasurer T. Di Lullo noted that the Ontario Land Tribunal scheduled a hearing for November 14, 2024 regarding the appeal of the Committee’s decision to refuse files B-32/24, B-33/24, B-34/24, A-40/24, A-41/24,and A-43/24 for 10 Orchard Crescent at the August 8, 2024 hearing.

Secretary-Treasurer T. Di Lullo noted that Member Segal is taking a leave from the Committee until April 2025 and noted that staff are reviewing options to fill the temporary vacancy.

Adjournment

Moved: A. Balaban
Seconded by: J. Goodfellow

• That this hearing of the Committee of Adjustment be adjourned. (5:44 p.m.)

  Carried