Committee of Adjustment Minutes

Thursday, March 27, 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

• T. Di Lullo, Secretary-Treasurer
• A. Laranjeiro, Planner
• K. Patzer, Senior By-law Administrator/Zoning Inspector III
• E. Rempel, Planner
• J. Robinson, Engineering Technologist
• 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.

Requests for Withdrawal or Deferral

There were no requests.

Current Applications

A-14/25 10 Industrial Street

Owner: Glen Miller, Talia Goodliffe, Mary Goodliffe and Robert Goodliffe

Agent: N/A

Location: 10 Industrial Street

In Attendance: Bob Goodliffe

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

No members of the public spoke.

• Having considered a change or extension in a use of property which is lawfully non-conforming under the By-law as to whether or not this application has met the requirements of Section 45(2) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

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

  That in the matter of an application under Section 45(2)(a)(i) of the Planning Act, R.S.O. 1990, c.P13, as amended, permission to enlarge/extend the legal non-conforming use to permit the construction of an additional residential dwelling unit within the existing dwelling, at 10 Industrial Street, be approved.

  Reason: 

  This application is approved, as it is the opinion of the Committee that this application meets the requirements under Section 45(2) 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-29/25 93-97 Surrey Street East

Owner: 93-97 Surrey St Inc.

Agent: Jeff Buisman, Van Harten Surveying Inc.

Location: 93-97 Surrey Street East

In Attendance: Jeff Buisman 

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

No members of the public spoke.

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

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

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from Table 9.6, Table 9.7, Section 9.3c), Table 9.7, Table 5.8 Additional Regulation 1, Table 5.2 Row 3, Section 5.2.2a), Section 5.2.2b), and Section 5.2.2d) of Zoning By-law (2023)-20790, as amended, for 93-97 Surrey Street East, to permit:

  1. the minimum front yard or exterior side yard to be the average of the setbacks of the adjacent property or where the average of the setbacks of the adjacent properties cannot be determined, the minimum setback be 3 metres, when the By-law requires that the minimum front yard or exterior side yard shall be the average of the setbacks of the adjacent property or where the average of the setbacks of the adjacent properties cannot be determined, the minimum setback shall be 3 metres;
  2. a minimum interior side yard setback of 1.5 metres, when the By-law requires a minimum interior side yard setback of 1.5 metres;
  3. a minimum rear yard setback of 8.3 metres, when the By-law requires a minimum rear yard setback of 10 metres;
  4. a minimum building height of 3 storeys to a maximum building height of 6 storeys, when the By-law requires a minimum building height of 3 storeys to a maximum building height of 6 storeys;
  5. a minimum floor space index of 0.9, when the By-law requires a minimum floor space index of 1.5;
  6. that for buildings having less that 10 dwelling units, no bicycle parking spaces are required for the residential component, when the By-law requires that for buildings having less that 10 dwelling units, no bicycle parking spaces are required for the residential component;
  7. the proposed apartment building over 3 units to have minimum parking space dimensions of 2.75 metre width and 5.5 metre length, excluding any obstructions, when the By-law requires apartment buildings over 3 units to have minimum parking space dimensions of 2.75 metre width and 5.5 metre length, excluding any obstructions;
  8. parking areas and parking spaces to have a minimum setback of 0.5 metres from any lot line, when the By-law requires for any apartment buildings, every parking space shall be located in the interior side yard or rear yard, and any parking area or parking space shall be setback 3 metres from any lot line;
  9. any surface driveway or surface parking area to have a minimum setback of 1.2 metres from a building wall, entrance or any window of a habitable room, when the By-law requires for any apartment buildings, any surface driveway or surface parking area shall be setback 3 metres from a building wall, entrance or any window of a habitable room; and
  10. the proposed apartment building to have a minimum clearance of 1.5 metres provided from an access driveway to any above ground utility structure and/or city-owned street tree, when the By-law requires for any apartment buildings, a minimum clearance of 1.5 metres shall be provided from an access driveway to any above ground utility structure and/or city-owned street tree,

  be approved, subject to the following condition:

  1. That the applicant satisfy the Special Policy Area policies and criteria to the satisfaction of the General Manager of the Planning and Building Department and the GRCA.

  Reason: 

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

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

  Carried

A-30/25 42 Bristol Street

Owner: Katelyn Evans and Naveen Sivakumar 

Agent: N/A

Location: 42 Bristol Street

In Attendance: Naveen Sivakumar

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

No members of the public spoke.

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

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

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from Table 4.7.6A of Zoning By-law (2023)-20790, as amended, for 42 Bristol Street, to permit:

  1. a minimum setback from the front lot line of 0 metres for the proposed uncovered front porch and exterior stairs, when the By-law requires a minimum setback from the front lot line of 0.8 metres for an uncovered front porch not more than 1.2 metres above finished grade and exterior stairs; and
  2. a maximum projection of 4.2 metres into the required front yard for the proposed uncovered front porch and exterior stairs, when the By-law requires a maximum projection of 3 metres into the required front yard for an uncovered front porch not more than 1.2 metres above finished grade.

  be approved, subject to the following condition:

  1. That prior to the issuance of any building permit the owner(s) shall enter into, or amend any existing, encroachment agreement(s) in accordance with City Lands Encroachments By-law (2009)-18799 as may be amended from time to time, or any successor By-law(s) thereto, at the discretion of the City and to the satisfaction of the City Solicitor, for any and all actual or proposed encroachments within the City’s right of way.

  Reason: 

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

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

  Carried

A-31/25 71 Ferndale Avenue

Owner: Christopher Pegelo and Lindsay Schaefer

Agent: N/A

Location: 71 Ferndale Avenue

In Attendance: Christopher Pegelo and Lindsay Schaefer

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

No members of the public spoke.  

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

  Moved by: 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 Section 4.5.1 b) (i) and Section 4.5.2 b) of Zoning By-law (2023)-20790, as amended, for 71 Ferndale Avenue, to permit:

  1. the proposed accessory building (detached garage) to occupy a maximum of 34.5 percent of the rear yard, when the By-law requires that an accessory building may be located in a yard other than a front yard or required exterior side yard on a lot provided that not more than 30 percent of the yard is occupied; and
  2. the proposed accessory building (detached garage) to have a maximum height of 4.68 metres, when the By-law requires that the maximum height of an accessory building is 4 metres,

  be approved.

  Reason:

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

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

  Carried

A-32/25 and A-33/25 25 and 27 Alice Street

Owner: Anthony Cotroneo (25 Alice Street); Daniel Cotroneo (27 Alice Street) 

Agent: Claudio Balbinot, Agora Research Group Inc.

Location: 25 and 27 Alice Street

In Attendance: Claudio Balbinot

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

The following delegate spoke:

Kathleen Vanessa Hyland

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

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

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 4.7.5 and Table 4.7.7 of Zoning By-law (2023)-20790, as amended, for 25 and 27 Alice Street, to permit:

  1. the proposed open, roofed front porch exceeding 1 storey in height to be located on the second storey of the proposed semi-detached dwelling, when the By-law requires a minimum front yard setback of 2 metres and a maximum projection of 2.4 metres into the required yard for an open, roofed porch not exceeding 1 storey in height; and
  2. the proposed rear uncovered porch above 1.2 metres with stairs to be located on the second storey of the proposed semi-detached dwelling, when the By-law requires a minimum rear yard setback of 0.6 metres for an uncovered porch above 1.2 metres to a maximum height not exceeding the main floor/entry level,

  be approved.

  Reason:

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

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

   

  Carried

Chair and Staff Announcements

Secretary-Treasurer T. Di Lullo noted that the Redesigning Advisory Committees of Council project was recently approved by City Council. As the Committee of Adjustment will be merging with Property Standards, current members are encouraged to reapply for a position on the new Committee of Adjustment and Property Standards Committee. She noted that recruitment opens for a 3 week period on March 31, 2025, and members of the public are also welcome to apply.

Adjournment

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

  That this hearing of the Committee of Adjustment be adjourned. (5:02 p.m.)

  Carried