Committee of Adjustment Minutes

Thursday, December 12, 2024 at 3:00 P.m. - 8:00 P.m.

Council Chambers

Guelph City Hall, 1 Carden Street

Members Present

• J. Smith, Chair
• J. Goodfellow
• G. Sayer
• R. Speers
• A. Balaban
• P. Membreño

Staff Present

• T. Di Lullo, Secretary-Treasurer
• L. De Jong, Engineering Technologist
• 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, Planning Clerk

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Call to Order - 3:00 p.m.

Chair J. Smith called the meeting to order. (3:00 p.m.)

Disclosure of Pecuniary Interest and General Nature Thereof

There were no disclosures.

Approval of Minutes

• Moved J: Goodfellow
  Seconded: G. Sayer

  That the minutes from the November 14, 2024 Regular Hearing of the Committee of Adjustment, be approved as circulated.

  Carried

Advisory Committees of Council Framework Update

Dylan McMahon, Acting General Manager, City Clerk’s Office/City Clerk, provided a presentation on the Advisory Committees of Council Framework Update.

• Moved: J. Goodfellow
  Seconded: P. Membreño

  That the Committee of Adjustment recommends to City Council the creation of the Committee of Adjustment and Property Standards Committee.

  Carried

  The Committee recessed at 3:20 p.m. and reconvened at 4:00 p.m.

  
  

Opening Remarks - 4:00 p.m.

Chair J. Smith explained the hearing procedures.

Requests for Withdrawal or Deferral

Current Applications

B-51/24 A-92/24 A-93/24 39 Armstrong Avenue

Owner: John-David Sherman, Victoria Sherman, and Frederick Sherman Estate

Agent: Colin Vanderwoerd, Van Harten Surveying Inc.

Location: 39 Armstrong Avenue

• Consent File: B-51/24

  Moved by: R. Speers
  Seconded by: G. Sayer

  That consent application file B-51/24 for 39 Armstrong Avenue, 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accordance with the Committee’s policy on applications deferred sine die, that the application will be considered to be withdrawn if not dealt with within 12 months of deferral and that the deferral fee be paid prior to reconsideration of the application.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 demonstrate that the proposed severed parcel will have adequate and available servicing.

  Carried

• Minor Variance Files: A-92/24 and A-93/24

  Moved by: R. Speers
  Seconded by: G. Sayer

  That minor variance application files A-92/24 and A-93/24 for 39 Armstrong Avenue, 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 demonstrate that the proposed severed parcel will have adequate and available servicing.

  Carried

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

• Moved by: J. Goodfellow
  Seconded by: P. Membreño

  That minor variance application file A-90/24 for 493 Victoria Road North, 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 the application with staff and revise the application.

  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

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. J. Grossi explained the general nature of the application.

No members of the public spoke.

• Moved by: R. Speers
  Seconded by: G. Sayer

  That minor variance application file A-95/24 for 39 Hayes Avenue, 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 the application with staff and revise the application.

  Carried

Current Applications

B-50/24 436 Clair Road West 

Owner: Alectra Utilities Corporation c/o Tom Wasik

Agent: Oz Kemal, MHBC Planning

Location: 436 Clair Road West 

In Attendance: Oz Kemal

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

No members of the public spoke.

• Consent File B-50/24

  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: J. Goodfellow
  Seconded by: A. Balaban

  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 long-term lease in excess of 21 years for Part Lot 11, Concession 7, formerly Township of Puslinch, Part 1 of 61R-11333, currently known as 436 Clair Road West, over portion of the property comprising an area of 3,904.04 square metres, substantially in accordance with a sketch prepared by Kimley-Horn and Associates Inc., dated June 17, 2024, project number 161155000, be approved, subject to the following conditions:

  1. 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.
  2. 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.
  3. 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 ().
  4. 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-91/24 85 Cork Street West

Owner: Joshuah Reitzel and Hyunjin Lim

Agent: N/A

Location: 85 Cork Street West

In Attendance: Joshuah Reitzel

Chair J. Smith questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. J. Reitzel, owner, 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: G. Sayer

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Section 4.5.1(b)(ii) of Zoning By-law (2023)-20790, as amended, for 85 Cork Street West, to permit:

  1. a minimum left side yard setback of 0.45 metres for the existing accessory building (shed), when the By-law requires that an accessory building or structure is setback a minimum of 0.6 metres from any lot line; and
  2. a minimum rear yard setback of 0.3 metres for the existing accessory building (shed), when the By-law requires that an accessory building or structure is setback a minimum of 0.6 metres from any lot line,

  be approved, subject to the following condition:

  1. That the shed maintains general conformity with the submitted site plan.

  This application is approved, as it is the opinion of the Committee, with the above noted condition, 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-94/24 1030 Gordon Street

Owner: MAR-COT Investments c/o Mario Cotorneo

Agent: Claudio Balbinot, Agora Research Group Inc.

Location: 1030 Gordon 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.

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 the requirements of Table 7.1 of Zoning Bylaw (2023)-20790, as amended, for 1030 Gordon Street, to permit a medical clinic use to a maximum of 1,682 square metres within the existing building, 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

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 explained the general nature of the application.

The following delegates spoke:

Tim Dewhirs

Andrew Arklie

• Consent Files B-52/24, B-53/24, B-54/24, B-55/24, B-56/24, B-57/24 and 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: R. Speers
  Seconded by: A. Balaban

  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; Part of Lot 4, Concession 3, Division G and Part of Lot 4, Concession 3, Division G, currently known as 302 and 306 Edinburgh Road South, parcels of land (noted as Severed Parcels 1 to 7) with various frontage along Edinburgh Road South, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated October 24, 2024, 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 the designated stone markers be relocated off of the site to the satisfaction of heritage planning staff prior to the issuance of the certificate of official.
  3. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer.
  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 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.
  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 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. That prior to issuance of the Certificate of Official, the existing dwelling and accessory structure(s) be demolished to the satisfaction of the Chief Building Official.
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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 ().
  20. 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.

  Defeated

• Minor Variance Files A-96/24, A-97/24, A-98/24, A-99/24, A-100/24, A-101/24, A-102/24 and 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: 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 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 (severed parcels one to eight), 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;
  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;
  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;
  4. a minimum floor area of 20 square metres for the proposed attached garage;
  5. 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

  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, 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.

  Defeated

• Consent Files B-52/24, B-53/24, B-54/24, B-55/24, B-56/24, B-57/24 and B-58/24

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

  That consent application files B-52/24, B-53/24, B-54/24, B-55/24, B-56/24, B-57/24 and B-58/24 for 302 and 306 Edinburgh Road 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 the applications with staff and address concerns raised by the Committee.

  Carried

• Minor Variance Files A-96/24, A-97/24, A-98/24, A-99/24, A-100/24, A-101/24, A-102/24 and A-103/24 

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

  That minor variance application files A-96/24, A-97/24, A-98/24, A-99/24, A-100/24, A-101/24, A-102/24, and A-103/24 for 302 and 306 Edinburgh Road 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 the applications with staff and address concerns raised by the Committee.

  Carried

A-104/24 41 Stuart Street

• 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, a variance from the requirements of Table 6.3 of Zoning By-law (2023)-20790, as amended, for 41 Stuart Street, to permit a minimum left side yard setback of 1.2 metres for the proposed attached garage to the existing dwelling, when the By-law requires a minimum interior side yard setback of 1.5 metres,

  be approved, subject to the following conditions:

  1. That the proposed structure maintains general conformity with the submitted site plan.
  2. That construction will proceed in consultation with an Arborist.

  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

Requests

Consent Application Fee Waiver Request (51, 53 and 55 Manitoba Street)

In Attendance: Kevin Thomson

K. Thompson explained the general nature of the fee waiver request.

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

  That a waiver of 100 percent ($4,170) of the application fee and 100% of the administration fee ($630) for a future consent application at 51, 53 and 55 Manitoba Street be refused. 

   

  Defeated

• Mover: G. Sayer
  Seconder: A. Balaban

  That the validation certificate fee ($1,200) be applied, and that a waiver of 100 percent ($4,170) of the consent application fee and a waiver of 100% of the administration fee ($630) for a future consent application at 51, 53 and 55 Manitoba Street be approved. 

  Carried

Minor Variance Application Fee Refund Request (63 Arkell Road)

In Attendance: Jake Branch

J. Branch explained the general nature of the fee refund request.

• Moved by: A. Balaban
  Seconded by: G. Sayers

  That a full refund ($1900.00) of the application fee for minor variance file A-83/24 for (63 Arkell Road) be approved.

  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 34 Ridgeway Avenue (files B-26/24 to B-28/24 and files A-36/24 to A-39/24. 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.

Secretary-Treasurer T. Di Lullo noted that Chair and Vice-chair elections will be conducted at the next hearing on January 16, 2025.

Secretary-Treasurer T. Di Lullo noted that today is Member Sayer’s last hearing with the Committee as he has submitted his resignation. Chair J. Smith provided Member Sayer with a certificate or recognition.

Chair Smith made remarks about the Ontario Land Tribunal decisions and on the upcoming Chair and Vice-chair elections.

Adjournment

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

  That this hearing of the Committee of Adjustment be adjourned (5:49 p.m.).

  Carried