Committee of Adjustment Minutes

Thursday, June 09, 2022 at 4:00 P.m. - 8:00 P.m.

Council Chambers

Guelph City Hall, 1 Carden Street

Members Present

• D. Kendrick, Chair
• J. Smith, Vice-chair
• M. Allison
• K. Hamilton
• K. Meads

Members Absent

• S. Dykstra

Staff Present

• S. Daniel, Engineering Technologist
• T. Di Lullo, Secretary-Treasurer
• D. McMahon, Deputy City Clerk
• A. Sandor, Council and Committee Assistant
• P. Sheehy, Program Manager-Zoning
• L. Sulatycki, Planner
• S. Wilson, Planner

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Call to Order

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

Opening Remarks

Chair D. Kendrick explained the hearing procedures and Secretary-Treasurer T. Di Lullo conducted attendance by roll call and confirmed quorum.

Disclosure of Pecuniary Interest and General Nature Thereof

There were no disclosures.

Approval of Minutes

• Moved by: M. Allison
  Seconded by: K. Meads

  That the minutes from the May 12, 2022 Regular Hearing of the Committee of Adjustment, be approved as circulated.

  Carried

Requests for Withdrawal or Deferral

There were no requests.

Current Applications

A-20/22 155 Eramosa Road

Owner: Miles Hanscomb and Kory Ford

Agent: Colin Perry, Sequoia Woodworks

Location: 155 Eramosa Road

In Attendance: C. Perry, M. Kardoff.

Chair D. Kendrick questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. C. Perry, agent, responded that the sign was posted and comments were received.

M. Kardoff, registered delegate, of Ardmay Crescent, expressed concerns about privacy and safety issues and permits in relation to previous renovations. 

Member K. Meads raised a point of order for the registered delegate to mute their speakers while they were talking on the phone, to reduce audio feedback.  

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

  Moved by: J. Smith
  Seconded by: M. Allison

  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 5.1.2 Row 6, Section 5.1.2.7 i), Table 5.1.2 Row 7 and Table 4.7, Row 12 of Zoning By-law (1995)-14864, as amended, for 155 Eramosa Road, to permit:

  1. a minimum front yard setback of 2.78 metres for the proposed front addition when the B-law requires a minimum front yard setback of 6 metres or the average of the setbacks of the adjacent properties [being 3.96 metres];
  2. a minimum left side yard setback of 0.8 metres for the proposed attached garage when the By-law requires a minimum side yard of 1.5 metres; 
  3. a minimum right side yard setback of 0.81 metres for the proposed addition when the By-law requires a minimum side yard of 1.5 metres; and
  4. the proposed stairs to have a maximum projection of 1.65 metres into the required front yard when the By-law requires exterior stairs to project a maximum of 1.5 metres into the required front yard.

  be approved, subject to the following conditions:

  1. That the proposed 2.78 metre front yard setback apply only to the proposed enclosed front porch, in general accordance with the public notice sketch.
  2. That the proposed 0.8 metre left side yard setback apply only to the proposed garage and second storey addition, in general accordance with the public notice sketch.
  3. That the proposed 0.81 metre right side yard setback apply only to the proposed dwelling addition, in general accordance with the public notice sketch.
  4. That the proposed 1.65 metre exterior stair projection apply only to the proposed exterior front yard stairs, in general accordance with the public notice sketch.

  Reasons:

  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-12/22 37 Elizabeth Street

Owner: 2525271 Ontario Inc.

Agent: Nancy Shoemaker, J.D. Barnes Limited

Location: 37 Elizabeth Street

In Attendance: N. Shoemaker

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

No members of the public spoke.

• 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: K. Meads
  Seconded by: K. Hamilton

  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 of Lot 63, Registered Plan 161, currently known as 37 Elizabeth Street, a parcel with an area of 189 square metres, as a lot addition to Lots 79 to 82, Part Lots 64 to 67, 78, 83 to 85, South Elizabeth Street, Division F, RNG 1, Part Lot 3, currently known as 45 Elizabeth Street, substantially in accordance with a sketch prepared by J.D. Barnes Ltd. dated April 28, 2022, project number 22-14-699-00-A, 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.
  5. That the Owner shall consolidate the severed parcel with the abutting lands to which the severed parcel is to be added as a single parcel (“the consolidation”) and that the Owner’s solicitor shall provide a firm undertaking in writing to the Secretary-Treasurer of the Committee of Adjustment for the City of Guelph that the solicitor will attend to the consolidation and will provide within 30 days of the date of registration in the Land Registry Office for Wellington (No. 61), or prior to the issuance of a building permit [if applicable], whichever occurs first, a copy of the registered electronic Transfer document including the Certificate of Official and the registered application Consolidation Parcels document.
  6. That the Transferee take title of the severed lands in the same manner and capacity as he or she holds his or her abutting lands; and that Section 50(3) or Section 50(5) of the Planning Act, R.S.O. 1990, as amended, shall apply to any subsequent conveyance or any transaction involving the parcel of land that is subject of this consent.

  Reasons:

  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-31/22 41 Nottingham Street

Owner: Anansi's Holdings Inc. and Glen Cassar

Agent: N/A

Location: 41 Nottingham Street

In Attendance: G. Cassar

Chair D. Kendrick questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. G. Cassar, applicant, responded that the sign was posted and comments were received. G. Cassar 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, and

  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: M. Allison
  Seconded by: K. Meads

  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 at 41 Nottingham Street to permit the construction of an addition to the existing two-dwelling unit residential building, and

  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 5.1.2 Row 7, and Section 5.1.2.1 of of Zoning By-law (1995)-14864, as amended, for 41 Nottingham Street, to permit:

  1. a minimum left side yard setback of 0 metres for the proposed two-storey addition to the existing semi-detached dwelling unit when the By-law requires a left side yard setback of 1.5 metres;
  2. a minimum right side yard setback of 2.55 metres for the proposed two-storey addition to the existing semi-detached dwelling unit when the By-law requires that where a garage, carport or parking space is not provided in accordance with Section 4.13.2.1, one side yard shall have a minimum dimension of 3 metres; and
  3. permission to enlarge/extend the legal non-conforming use to permit the construction of a two-storey addition to the existing semi-detached dwelling unit.

  be approved, subject to the following condition:

  1. That the requested variances apply only to the proposed rear yard two-storey addition, in general accordance with the public notice sketch.

  Reasons:

  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-30/22 41 London Road West

Owner: Jason Fowler and Jaime Boutilier

Agent: N/A

Location: 41 London Road West

In Attendance: J. Fowler

Chair D. Kendrick questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. J. Fowler, applicant, 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. Smith
  Seconded by: K. Hamilton

  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 5.1.2 Row 7 of Zoning By-law (1995)-14864, as amended, for 41 London Road West, to permit  a minimum right side yard setback of 0.55 metres for the proposed addition to the existing detached dwelling and proposed rear yard balcony, when the By-law requires that a minimum side yard of 1.5 metres for 1 to 2 storey dwellings in a R.1B Zone, be approved, subject to the following conditions:

  1. That the side yard setback of 0.55 metres apply only to the proposed addition on the right side of the property as shown on the public notice sketch.
  2. That the addition be limited in height to one-storey.

  Reasons:

  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

Chair and Staff Announcements

There were no announcements.

Adjournment

• Moved by: K. Meads
  Seconded by: M. Allison

  That this hearing of the Committee of Adjustment be adjourned. (4:43 p.m.)

  Carried