Committee of Adjustment Minutes

Thursday, February 13, 2025 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
• R. Speers

Staff Present

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

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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

There were no disclosures.

Approval of Minutes

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

  That the minutes from the January 16, 2025 Regular Hearing of the Committee of Adjustment, be approved as circulated.

  Carried

Requests for Withdrawal or Deferral

Current Applications

B-1/25 A-2/25 A-3/25 68-76 Wyndham Street South

Owner: M Flaman Productions Ltd.

Agent: Robert Turner, Fryett Turner Architects Inc.

Location: 68-76 Wyndham Street South

In Attendance: Robert Turner

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

No members of the public spoke.

• Consent File: B-1/25

  Moved by: J. Goodfellow
  Seconded by: R. Speers

  That consent application file B-1/25 for 68-76 Wyndham Street South, be deferred sine die, and in accordance with the Committee's policy on applications deferred sine die, that the application will be considered to be withdrawn if not dealt with within 12 months of deferral and that the deferral fee be paid prior to reconsideration of the application. 

  Reasons:

  This application is deferred to allow the applicant time to discuss with staff and revise the application.

  Carried

• Minor Variance Files: A-2/25 and A-3/25

  Moved by: J. Goodfellow
  Seconded by: R. Speers

  That minor variance application files A-2/25 and A-3/25 for 68-76 Wyndham Street South, be deferred sine die, and in accordance with the Committee’s policy on applications deferred sine die, that the applications will be considered to be withdrawn if not dealt with within 12 months of deferral and that the deferral fees be paid prior to reconsideration of the applications.

  Reasons:

  These applications are deferred to allow the applicant time to discuss with staff and revise the applications.

  Carried

Current Applications

A-90/24 493 Victoria Road North

Owner: 493 Victoria Road Apartments GP Inc.

Agent: Rob Russell, Robert Russell Planning Consultants Inc.

Location: 493 Victoria Road North

In Attendance: Rob Russell

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

Secretary-Treasurer T. Di Lullo noted that correspondence was received after the commenting deadline from the applicant and that correspondence was circulated to the Committee members and staff in advance of the hearing. 

E. Rempel, Planner, gave a brief explanation of staff comments.

The following delegates spoke:

Wendy Carmichael
Gord Knox
Betty Hodgson 
John Fitzpatrick

• 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: R. Speers
  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 Table 6.29, Table 5.3 Row 2, Table 6.29, Table 5.7 Row 1, and Table 6.30 of Zoning By-law (2023)-20790, as amended, for 493 Victoria Road North, to permit:

  1. a minimum buffer strip of 0.6 metres, when the By-law requires a 3 metre buffer strip adjacent to interior side and rear lot lines and around the perimeter of surface parking lots;
  2. a minimum of 37 parking spaces for the existing apartment building, 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, with a minimum of 20 percent of the required parking spaces for visitor parking [total of 42 parking spaces required];
  3. a minimum landscaped open space of 39.08 percent of the lot area, being 1,340.27 square metres, when the By-law requires a minimum landscaped open space of 40 percent of the lot area [being 1,371.99 square metres];
  4. a minimum of 14 long term bicycle parking spaces, when the By-law requires a minimum of 1 long term bicycle parking space per dwelling unit for an apartment building [total of 29 long term bicycle parking spaces required]; and
  5. a minimum of 20 square meters of common amenity area per dwelling unit, when the By-law requires a minimum of 20 square meters of common amenity area per dwelling unit,

  be approved, subject to the following conditions:

  1. The applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services.
  2. That the applicant receive Site Plan Approval for the proposed development to the Satisfaction of the General Manager of Planning and Building Services.

  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 matter.

  Carried

A-95/24 39 Hayes Avenue

Owner: North Peak Investments Inc.

Agent: Jolene Grossi, North of Design Ltd.

Location: 39 Hayes Avenue

In Attendance: Jolene Grossi and Anthony Grossi

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. J. Grossi, 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: 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, variances from Section 5.9(a) and (b), and Table 6.3 of Zoning By-law (2023)-20790, as amended, for 39 Hayes Avenue, to permit:

  1. 0 electric vehicle parking spaces, when the By-law requires a minimum of 20% of the total required parking spaces for multi-unit buildings with 3 or more dwelling units and mixed use buildings on lots identified with a (PA) suffix shall be provided as electric vehicle parking spaces;
  2. 0 designed electric vehicle parking spaces, when the By-law requires a minimum of 80% 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;
  3. a minimum interior yard setback of 1.2 metres for the proposed triplex, when the By-law requires a minimum interior yard setback of 1.2 metres; and
  4. a minimum exterior yard setback of 3 metres for the proposed triplex, when the By-law requires that for lots within the Older Built-Up Area Overlay, the minimum exterior side yard setback is the average of the established setbacks of the immediately adjacent lots, and where there is only one immediately adjacent lot or where the average of the setbacks of the adjacent lots cannot be determined, the minimum setback shall be 6 metres,

  be approved, subject to the following conditions:

  1. That prior to the issuance of building permit, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the lot that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  2. That prior to the issuance of building permit, the owner(s) shall submit an SSQ in accordance with Appendix A of City’s Guidelines for Development of Contaminated or Potentially Contaminated Sites 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 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 matter.

  Carried

B-52/24 B-53/24 B-54/24 B-55/24 B-56/24 B-57/24 B-58/24 A-96/24 A-97/24 A-98/24 A-99/24 A-100/24 A-101/24 A-102/24 A-103/24 302 and 306 Edinburgh Road South

Owner: 302 Edinburgh Inc. c/o Zachary Fischer

Agent: Jeff Buisman, Van Harten Surveying Inc.

Location: 302 and 306 Edinburgh Road South

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 provided a short explanation of the applications.

E. Rempel Planner provided a brief explanation of staff comments.  

No members of the public spoke.

• Consent File B-52/24

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: A. Balaban
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 1), with frontage along Edinburgh Road South of 10.23 metres, a depth of 48.77 metres, and an area of 498 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions:

  1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services.
  2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  5. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  6. That prior to the issuance of Certificate of Official, the owner(s) shall submit environmental reports in accordance with Appendix A of City’s Guidelines for Development of Contaminated or Potentially Contaminated Sites to the satisfaction of the General Manager/ City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  8. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  9. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  10. That prior to the issuance of building permit, the owner(s) shall submit a construction staging plan for all works within the right of way to the satisfaction of the General Manager/City Engineer.
  11. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  12. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  13. That prior to the issuance of the Certificate of Official, the existing dwellings and accessory structures be demolished to the satisfaction of the Chief Building Official.
  14. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  15. That prior to the issuance of the Certificate of Official, the Owner shall prepare and register with the Land Registry Office, at the Owner’s expense, an Application to Consolidate Parcels to merge the two property PINs for the two abutting properties at 302 and 306 Edinburgh Road South and must own title in the same name and capacity to allow for consideration.
  16. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  17. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  18. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  19. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Consent File B-53/24

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: A. Balaban
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 2), with frontage along Edinburgh Road South of 10.23 metres, a depth of 48.77 metres, and an area of 498 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions:

  1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services.
  2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  5. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  6. That prior to the issuance of Certificate of Official, the owner(s) shall submit environmental reports in accordance with Appendix A of City’s Guidelines for Development of Contaminated or Potentially Contaminated Sites to the satisfaction of the General Manager/ City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  8. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  9. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  10. That prior to the issuance of building permit, the owner(s) shall submit a construction staging plan for all works within the right of way to the satisfaction of the General Manager/City Engineer.
  11. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  12. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  13. That prior to the issuance of the Certificate of Official, the existing dwellings and accessory structures be demolished to the satisfaction of the Chief Building Official.
  14. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  15. That prior to the issuance of the Certificate of Official, the Owner shall prepare and register with the Land Registry Office, at the Owner’s expense, an Application to Consolidate Parcels to merge the two property PINs for the two abutting properties at 302 and 306 Edinburgh Road South and must own title in the same name and capacity to allow for consideration.
  16. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  17. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  18. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  19. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Consent File B-54/24

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: A. Balaban
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 3), with frontage along Edinburgh Road South of 8.33 metres, a depth of 48.77 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions:

  1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services.
  2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  5. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  6. That prior to the issuance of Certificate of Official, the owner(s) shall submit environmental reports in accordance with Appendix A of City’s Guidelines for Development of Contaminated or Potentially Contaminated Sites to the satisfaction of the General Manager/ City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  8. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  9. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  10. That prior to the issuance of building permit, the owner(s) shall submit a construction staging plan for all works within the right of way to the satisfaction of the General Manager/City Engineer.
  11. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  12. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  13. That prior to the issuance of the Certificate of Official, the existing dwellings and accessory structures be demolished to the satisfaction of the Chief Building Official.
  14. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  15. That prior to the issuance of the Certificate of Official, the Owner shall prepare and register with the Land Registry Office, at the Owner’s expense, an Application to Consolidate Parcels to merge the two property PINs for the two abutting properties at 302 and 306 Edinburgh Road South and must own title in the same name and capacity to allow for consideration.
  16. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  17. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  18. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  19. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Consent File B-55/24

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: A. Balaban
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 4), with frontage along Edinburgh Road South of 8.33 metres, a depth of 48.77 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions:

  1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services.
  2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  5. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  6. That prior to the issuance of Certificate of Official, the owner(s) shall submit environmental reports in accordance with Appendix A of City’s Guidelines for Development of Contaminated or Potentially Contaminated Sites to the satisfaction of the General Manager/ City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  8. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  9. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  10. That prior to the issuance of building permit, the owner(s) shall submit a construction staging plan for all works within the right of way to the satisfaction of the General Manager/City Engineer.
  11. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  12. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  13. That prior to the issuance of the Certificate of Official, the existing dwellings and accessory structures be demolished to the satisfaction of the Chief Building Official.
  14. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  15. That prior to the issuance of the Certificate of Official, the Owner shall prepare and register with the Land Registry Office, at the Owner’s expense, an Application to Consolidate Parcels to merge the two property PINs for the two abutting properties at 302 and 306 Edinburgh Road South and must own title in the same name and capacity to allow for consideration.
  16. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  17. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  18. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  19. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Consent File B-56/24

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: A. Balaban
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 5), with frontage along Edinburgh Road South of 8.33 metres, a depth of 48.77 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions:

  1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services.
  2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  5. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  6. That prior to the issuance of Certificate of Official, the owner(s) shall submit environmental reports in accordance with Appendix A of City’s Guidelines for Development of Contaminated or Potentially Contaminated Sites to the satisfaction of the General Manager/ City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  8. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  9. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  10. That prior to the issuance of building permit, the owner(s) shall submit a construction staging plan for all works within the right of way to the satisfaction of the General Manager/City Engineer.
  11. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  12. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  13. That prior to the issuance of the Certificate of Official, the existing dwellings and accessory structures be demolished to the satisfaction of the Chief Building Official.
  14. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  15. That prior to the issuance of the Certificate of Official, the Owner shall prepare and register with the Land Registry Office, at the Owner’s expense, an Application to Consolidate Parcels to merge the two property PINs for the two abutting properties at 302 and 306 Edinburgh Road South and must own title in the same name and capacity to allow for consideration.
  16. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  17. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  18. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  19. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Consent File B-57/24

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: A. Balaban
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 6), with frontage along Edinburgh Road South of 8.33 metres, a depth of 48.77 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions:

  1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services.
  2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  5. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  6. That prior to the issuance of Certificate of Official, the owner(s) shall submit environmental reports in accordance with Appendix A of City’s Guidelines for Development of Contaminated or Potentially Contaminated Sites to the satisfaction of the General Manager/ City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  8. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  9. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  10. That prior to the issuance of building permit, the owner(s) shall submit a construction staging plan for all works within the right of way to the satisfaction of the General Manager/City Engineer.
  11. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  12. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  13. That prior to the issuance of the Certificate of Official, the existing dwellings and accessory structures be demolished to the satisfaction of the Chief Building Official.
  14. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  15. That prior to the issuance of the Certificate of Official, the Owner shall prepare and register with the Land Registry Office, at the Owner’s expense, an Application to Consolidate Parcels to merge the two property PINs for the two abutting properties at 302 and 306 Edinburgh Road South and must own title in the same name and capacity to allow for consideration.
  16. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  17. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  18. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  19. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Consent File B-58/24

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: A. Balaban
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 7), with frontage along Edinburgh Road South of 8.33 metres, a depth of 48.77 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions:

  1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services.
  2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  5. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  6. That prior to the issuance of Certificate of Official, the owner(s) shall submit environmental reports in accordance with Appendix A of City’s Guidelines for Development of Contaminated or Potentially Contaminated Sites to the satisfaction of the General Manager/ City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  8. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  9. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  10. That prior to the issuance of building permit, the owner(s) shall submit a construction staging plan for all works within the right of way to the satisfaction of the General Manager/City Engineer.
  11. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  12. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  13. That prior to the issuance of the Certificate of Official, the existing dwellings and accessory structures be demolished to the satisfaction of the Chief Building Official.
  14. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  15. That prior to the issuance of the Certificate of Official, the Owner shall prepare and register with the Land Registry Office, at the Owner’s expense, an Application to Consolidate Parcels to merge the two property PINs for the two abutting properties at 302 and 306 Edinburgh Road South and must own title in the same name and capacity to allow for consideration.
  16. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  17. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  18. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  19. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Minor Variance File A-96/24

  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: R. Speers

  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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South, to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less;
  3. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres;
  4. a minimum floor area of 20 square metres for the proposed attached garage, when the By-law requires that an attached garage for semi-detached dwellings shall have a minimum floor area of 20 square metres;
  5. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit; and
  6. an additional residential dwelling unit located within the basement to occupy the entirety of the basement and contain 3 bedrooms, when the By-law requires that if an additional residential dwelling unit is located within the basement, the additional residential dwelling unit may occupy the entirety of the basement and may contain 3 bedrooms,

  be approved, subject to the following condition:

  1. That consent application files B-52/24 to B-58/24, receive final certification of the Secretary-Treasurer and be registered on title.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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

• Minor Variance File A-97/24

  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: R. Speers

  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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South, to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less;
  3. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres;
  4. a minimum floor area of 20 square metres for the proposed attached garage, when the By-law requires that an attached garage for semi-detached dwellings shall have a minimum floor area of 20 square metres;
  5. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit; and
  6. an additional residential dwelling unit located within the basement to occupy the entirety of the basement and contain 3 bedrooms, when the By-law requires that if an additional residential dwelling unit is located within the basement, the additional residential dwelling unit may occupy the entirety of the basement and may contain 3 bedrooms,

  be approved, subject to the following condition:

  1. That consent application files B-52/24 to B-58/24, receive final certification of the Secretary-Treasurer and be registered on title.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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

• Minor Variance File A-98/24

  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: R. Speers

  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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South, to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less;
  3. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres;
  4. a minimum floor area of 20 square metres for the proposed attached garage, when the By-law requires that an attached garage for semi-detached dwellings shall have a minimum floor area of 20 square metres;
  5. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit; and
  6. an additional residential dwelling unit located within the basement to occupy the entirety of the basement and contain 3 bedrooms, when the By-law requires that if an additional residential dwelling unit is located within the basement, the additional residential dwelling unit may occupy the entirety of the basement and may contain 3 bedrooms,

  be approved, subject to the following condition:

  1. That consent application files B-52/24 to B-58/24, receive final certification of the Secretary-Treasurer and be registered on title.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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

• Minor Variance File A-99/24

  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: R. Speers

  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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South, to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less;
  3. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres;
  4. a minimum floor area of 20 square metres for the proposed attached garage, when the By-law requires that an attached garage for semi-detached dwellings shall have a minimum floor area of 20 square metres;
  5. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit; and
  6. an additional residential dwelling unit located within the basement to occupy the entirety of the basement and contain 3 bedrooms, when the By-law requires that if an additional residential dwelling unit is located within the basement, the additional residential dwelling unit may occupy the entirety of the basement and may contain 3 bedrooms,

  be approved, subject to the following condition:

  1. That consent application files B-52/24 to B-58/24, receive final certification of the Secretary-Treasurer and be registered on title.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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

• Minor Variance File A-100/24

  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: R. Speers

  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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South, to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less;
  3. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres;
  4. a minimum floor area of 20 square metres for the proposed attached garage, when the By-law requires that an attached garage for semi-detached dwellings shall have a minimum floor area of 20 square metres;
  5. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit; and
  6. an additional residential dwelling unit located within the basement to occupy the entirety of the basement and contain 3 bedrooms, when the By-law requires that if an additional residential dwelling unit is located within the basement, the additional residential dwelling unit may occupy the entirety of the basement and may contain 3 bedrooms,

  be approved, subject to the following condition:

  1. That consent application files B-52/24 to B-58/24, receive final certification of the Secretary-Treasurer and be registered on title.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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

• Minor Variance File A-101/24

  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: R. Speers

  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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South, to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less;
  3. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres;
  4. a minimum floor area of 20 square metres for the proposed attached garage, when the By-law requires that an attached garage for semi-detached dwellings shall have a minimum floor area of 20 square metres;
  5. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit; and
  6. an additional residential dwelling unit located within the basement to occupy the entirety of the basement and contain 3 bedrooms, when the By-law requires that if an additional residential dwelling unit is located within the basement, the additional residential dwelling unit may occupy the entirety of the basement and may contain 3 bedrooms,

  be approved, subject to the following condition:

  1. That consent application files B-52/24 to B-58/24, receive final certification of the Secretary-Treasurer and be registered on title.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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

• Minor Variance File A-102/24

  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: R. Speers

  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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South, to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less;
  3. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres;
  4. a minimum floor area of 20 square metres for the proposed attached garage, when the By-law requires that an attached garage for semi-detached dwellings shall have a minimum floor area of 20 square metres;
  5. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit; and
  6. an additional residential dwelling unit located within the basement to occupy the entirety of the basement and contain 3 bedrooms, when the By-law requires that if an additional residential dwelling unit is located within the basement, the additional residential dwelling unit may occupy the entirety of the basement and may contain 3 bedrooms,

  be approved, subject to the following condition:

  1. That consent application files B-52/24 to B-58/24, receive final certification of the Secretary-Treasurer and be registered on title.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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

• Minor Variance File A-103/24

  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: R. Speers

  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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South, to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less;
  3. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres;
  4. a minimum floor area of 20 square metres for the proposed attached garage, when the By-law requires that an attached garage for semi-detached dwellings shall have a minimum floor area of 20 square metres;
  5. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit; and
  6. an additional residential dwelling unit located within the basement to occupy the entirety of the basement and contain 3 bedrooms, when the By-law requires that if an additional residential dwelling unit is located within the basement, the additional residential dwelling unit may occupy the entirety of the basement and may contain 3 bedrooms,

  be approved, subject to the following condition:

  1. That consent application files B-52/24 to B-58/24, receive final certification of the Secretary-Treasurer and be registered on title.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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

B-3/25 A-10/25 A-11/25 79 Northumberland Street 

Owner: Annamaria Bartolomucci, Orlando Belo, Dante Miller

Agent: N/A

Location: 79 Northumberland Street 

In Attendance: Annamaria Bartolomucci

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

No members of the public spoke.

• Consent File B-3/25

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved: J. Goodfellow
  Seconder: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Part Lot 995, Registered Plan 8, currently known as 79 Northumberland Street, a parcel of land with frontage along Northumberland Street of 9.67 metres, and an area of 314 square metres, substantially in accordance with a sketch prepared by J.D Barnes Limited, dated July 30, 2024, project number 21-14-330-02, be approved, subject to the following conditions:

  1. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  2. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. In addition to the proposed servicing on the severed and retained lands, the site servicing plan shall propose the removal of the shared service laterals on 73 Northumberland.
  4. That prior to the issuance of the Certificate of Official, the owner shall decommission and remove the shared services from 73 Northumberland St. The decommissioning and removal of the shared services will require a separate building permit.
  5. That prior to the issuance of Certificate of Official, the owner(s) shall submit an SSQ in accordance with Appendix A of City’s Guidelines for Development of Contaminated or Potentially Contaminated Sites to the satisfaction of the General Manager/ City Engineer.
  6. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  7. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  8. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  9. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  10. That the portion of the existing building crossing the proposed property line is to be demolished prior to the issuance of the Certificate of Official to the satisfaction of the Chief Building Official.
  11. That prior to issuance of a building permit, the applicant makes arrangement for provision of hydro servicing to the retained and severed parcel, satisfactory to the ICI and Layouts Department of Alectra Utilities. The servicing costs would be at the applicant’s expense.
  12. The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each unit: Warning: The Applicant is advised that the subject land is located within Metrolinx’s 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units.
  13. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  14. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  15. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  16. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ([e-mail]).
  17. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Minor Variance File A-10/25 (proposed severed parcel)

  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: J. Goodfellow
  Seconder: R. Speers 

  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 5.9 Row 1, Table 5.10 Row 1 and Table 5.3 Row 15 of Zoning By-law (2023)-20790, as amended, for 79 Northumberland Street (proposed severed parcel), to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less; and
  3. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit,

  be approved, subject to the following condition:

  1. That consent application files B-3/25, receive final certification of the Secretary-Treasurer and be registered on title.

  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

• Minor Variance File A-11/25 (proposed retained parcel)

  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: J. Goodfellow
  Seconder: R. Speers

  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 5.9 Row 1, Table 5.10 Row 1, Table 5.3 Row 15 and Table 4.1 Row 5 of Zoning By-law (2023)-20790, as amended, for 79 Northumberland Street (proposed severed parcel), to permit:

  1. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less;
  2. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi-detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less;
  3. a minimum of 1 parking space per semi-detached dwelling unit, when the By-law requires a minimum of 1 parking space per semi-detached dwelling unit; and
  4. the proposed eaves have a maximum projection of 1.2 metres into the left side yard, when the By-law requires that architectural features such as eaves have a maximum projection of 0.8 metres into the 1.2 metre required interior side yard with no minimum setback requirement from the lot line,

  be approved, subject to the following conditions:

  1. That an Encroachment Agreement with access and maintenance provisions be registered on title of the neighbouring property (83 Northumberland St) prior to the issuance of a building permit for the eaves addition on the left side of the existing building to the satisfaction of the Chief Building Official.
  2. That consent application files B-3/25, receive final certification of the Secretary-Treasurer and be registered on title.

  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 matter.

  Carried

B-4/25 B-5/25 B-6/25 8 Mitchell Street

Owner: 8 Mitchell St Inc

Agent: Jeff Buisman, Van Harten Surveying Inc.

Location: 8 Mitchell Street

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.

E. Rempel, Planner provided a brief explanation of staff comments.

No members of the public spoke.

• Consent File B-4/25

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: P. Membreño
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Lot 5, South of Mitchell Street and North of Perth Street, Part lot 6, Northeast side of Perth Street and South Side of Mitchell Street, Plan 99, and Parts 2 and 3 of Plan 61R-2011, currently known as 8 Mitchell Street, a parcel of land with frontage along Mitchell Street of 7.9 metres and frontage along Arthur Street North of 8.4 metres, and an area of 448 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 9, 2025, project number 33222-24, be approved, subject to the following conditions:

  1. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  2. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  5. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  6. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  8. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  9. That prior to the issuance of the Certificate of Official, the existing structure be demolished to the satisfaction of the Chief Building Official.
  10. That prior to the issuance of a building permit, the applicant makes arrangement for provision of hydro servicing to the retained and severed parcel, satisfactory to the ICI and Layouts Department of Alectra Utilities. The servicing costs would be at the applicant’s expense.
  11. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  12. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  13. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  14. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  15. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Consent File B-5/25

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: P. Membreño
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent to create the following severance and easements over Lot 5, South of Mitchell Street and North of Perth Street, Part lot 6, Northeast side of Perth Street and South Side of Mitchell Street, Plan 99, and Parts 2 and 3 of Plan 61R-2011 currently known as 8 Mitchell Street, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 9, 2025, project number 33222-24:

  1. severance of a parcel of land with frontage along Mitchell Street of 8.3 metres and frontage along Arthur Street North of 8.3 metres, and an area of 465 square metres;
  2. creation of a 27 square meter easement for parking and access over a portion of the proposed severed parcel in favour of proposed severed parcels 1, 3 and 4; and
  3. creation of a 27 square meter easement for a shared walkway over a portion of the proposed severed parcel in favour of proposed severed parcels 1, 3 and 4,

  be approved, subject to the following conditions:

  1. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  2. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  5. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  6. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  8. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  9. That prior to the issuance of the Certificate of Official, the existing structure be demolished to the satisfaction of the Chief Building Official.
  10. That prior to the issuance of a building permit, the applicant makes arrangement for provision of hydro servicing to the retained and severed parcel, satisfactory to the ICI and Layouts Department of Alectra Utilities. The servicing costs would be at the applicant’s expense.
  11. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  12. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  13. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  14. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  15. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official. 

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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

• Consent File B-6/25

  Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

  Moved by: P. Membreño
  Seconded by: R. Speers

  That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent to create the following severance and easements over Lot 5, South of Mitchell Street and North of Perth Street, Part lot 6, Northeast side of Perth Street and South Side of Mitchell Street, Plan 99, and Parts 2 and 3 of Plan 61R-2011 currently known as 8 Mitchell Street, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 9, 2025, project number 33222-24:

  1. a parcel of land with frontage along Mitchell Street of 8.3 metres and frontage along Arthur Street North of 8.3 metres, and an area of 465 square metres;
  2. creation of 101 square meter easement for parking, access, and snow storage over a portion of the proposed severed parcel in favour of proposed severed parcels 1, 2 and 4; and
  3. creation of a 27 square meter easement for a shared walkway over a portion of the proposed severed parcel in favour of proposed severed parcels 1, 2 and 4, 

  be approved, subject to the following conditions:

  1. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  2. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  3. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual.
  4. That prior to the issuance of building permit, the owner(s) shall submit a detailed noise study that has been designed in accordance with the Guelph Noise Control Guidelines(GNCG) to the satisfaction of the General Manager/ City Engineer.
  5. That prior to issuance of building permit, the owner(s) designs the new dwelling at such an elevation that the lowest level of the building can be serviced with a gravity connection to the sanitary sewer. If the owner(s) satisfactorily demonstrates to the General Manager/City Engineer that a below-grade gravity connection is not achievable, the building's below-grade level may be allowed to pump sewage, in accordance with the Ontario Building Code, to the property line, and have a gravity connection from the property line to the City's sanitary sewer.
  6. That prior to the issuance of a building permit on the proposed severed lands, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to pay the actual costs of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer.
  7. That prior to the issuance of building permit, the owner(s) shall design, construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with the Developmental Engineering Manual.
  8. That prior to the issuance of any building permits on the proposed severed lands, the owner shall pay the flat rate charge established by the City for tree planting for the proposed severed lands.
  9. That prior to the issuance of the Certificate of Official, the existing structure be demolished to the satisfaction of the Chief Building Official.
  10. That prior to the issuance of a building permit, the applicant makes arrangement for provision of hydro servicing to the retained and severed parcel, satisfactory to the ICI and Layouts Department of Alectra Utilities. The servicing costs would be at the applicant’s expense.
  11. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above noted conditions and to develop the site in accordance with the approved plans.
  12. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
  13. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
  14. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email ().
  15. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

  Reason: 

  This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

  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-12/25 25 Fair Road

Owner: TJL Transport Ltd.

Agent: John Donato, CRD Construction Ltd.

Location: 25 Fair Road

In Attendance: John Donato

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

No members of the public spoke.

• Minor Variance File A-12/25

  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: R. Speers

  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 Table 10.3 and Section 5.4 of Zoning By-law (2023)-20790, as amended, for 25 Fair Road, to permit:

  1. a maximum front yard setback of 41.07 metres for the proposed addition to the existing industrial building, when the By-law requires a maximum front yard setback of 25 metres in the Industrial (B) zone;
  2. loading spaces to be located to the front of the front wall of the proposed addition to the existing industrial building, when the By-law requires that all loading spaces shall be located to the rear of the front wall of the building or the rear of an exterior side wall of a building facing a public street,

  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

Requests

Deferral Fee Refund Request (439 Victoria Road North)

• In Attendance: Robert Russell

  R. Russell explained the general nature of the fee refund request.

  Moved by: A. Balaban
  Seconded by: R. Speers

  That a full refund ($1,010) of the deferral fee for consent file A-90/24 (493 Victoria Road North) be refused.

  Carried

Chair and Staff Announcements

Secretary-Treasurer T. Di Lullo noted that the Ontario Land Tribunal had issued a decision regarding the appeal of consent and minor variance files for 10 Orchard Crescent (files B-32/24, B-33/24, B-34/24, A-40/24, A-41/24, A-42/24, and A-43/24). The Tribunal allowed the appeal and authorized the consent and minor variance applications subject to conditions. A copy of the Tribunal's decision was forwarded to the Committee members.

Chair Smith made remarks and thanked staff for recent improvements to the hearing process. 

Adjournment

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

  That this hearing of the Committee of Adjustment be adjourned. (5:53 p.m.)

  Carried