Committee of Adjustment Minutes

Thursday, December 09, 2021 at 4:00 P.m. - 8:00 P.m.

Remote meeting live streamed on guelph.ca/live

Members Present

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

Members Absent

• S. Dykstra

Staff Present

• J. da Silva, Council and Committee Assistant
• S. Daniel, Engineering Technologist
• T. Di Lullo, Secretary-Treasurer
• G. Meades, Council and Committee Coordinator
• K. Patzer, Planner
• P. Sheehy, Program Manager-Zoning
• S. Wilson, Planner

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Call to Order

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

Opening Remarks

Chair K. Ash 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 J. Smith

  Seconded by D. Kendrick

  That the minutes from the November 10, 2021 Regular Hearing of the Committee of Adjustment, be approved as circulated.

  Carried

Requests for Withdrawal or Deferral

A-55/21 14 O'Connor Lane

Owner: Courtney Ferguson and Brent Butler
Agent: N/A
Location: 14 O'Connor Lane

In Attendance: B. Butler, C. Ferguson

Secretary-Treasurer T. Di Lullo noted that the owner of the application submitted a request for deferral as per the staff recommendation in order to include additional variances.

• Moved by J. Smith

  Seconded by K. Meads

  That minor variance application A-55/21 for 14 O' Connor Lane, 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accordance with the Committee’s policy on applications deferred sine die, that the application will be considered to be withdrawn if not dealt with within 12 months of deferral and that the deferral fee be paid prior to reconsideration of the application.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 at the request of the applicant to allow for additional time to revise the application.

  Carried

Current Applications

A-52/21 143 London Road West

Owner: Keiran Graf and Peter Barkman
Agent: Bobby Randhawa
Location: 143 London Road West

In Attendance: K. Graf

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. K. Graf, owner, responded that the sign was posted and comments were received.

After a brief break to allow members of the public to express interest in speaking to the application, no members of the public spoke via electronic participation.

• 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 D. Kendrick

  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, a variance from the requirements of Table 5.1.2 Row 7 of Zoning By-law (1995)-14864, as amended, for 143 London Road West, to permit a minimum 0.9 metre right side yard setback for the proposed second-storey building addition, when the By-law requires a minimum side yard setback of 1.5 metres for single-detached dwellings between one to two storeys located in the R.1B Zone, be approved, subject to the following condition:

  1. That the right side yard setback of 0.90 metres applies only to the proposed two-storey building 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-53/21 221-223 Woodlawn Road West

Owner: Heffner Development Group Limited
Agent: Sadia Hasan, G. L. Smith Planning & Design Inc.
Location: 221-223 Woodlawn Road West

In Attendance: G. Smith

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. G. Smith, representative for the agent, responded that the sign was posted and comments were received.

After a brief break to allow members of the public to express interest in speaking to the application, no members of the public spoke via electronic participation.

• 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 D. Kendrick

  Seconded by K. Meads

  That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Section 4.13.4.1 of Zoning By-law (1995)-14864, as amended, for 221-223 Woodlawn Road West, to permit a minimum of 194 off-street parking spaces for 221-223 Woodlawn Road West, when the By-law requires 1 parking space per 16.5 square metres of gross floor area for a service commercial mall [total of 203 parking spaces required], be approved.

  Reasons:

  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-56/21 160 Research Lane

Owner: University of Guelph
Agent: Vladyslav Perstok, Lighthouse Montessori Canada Inc. and Mike Balnar, Ranlab Properties 160 Inc.
Location: 160 Research Lane

In Attendance: V. Perstok, M. Balnar.

Secretary-Treasurer T. Di Lullo noted that correspondence was received after the comment deadline from The Ontario Agri Business Association, tenant at 160 Research Lane, with concerns about the application.

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. V. Perstok, agent, responded that the sign was posted and comments were received.

After a brief break to allow members of the public to express interest in speaking to the application, no members of the public spoke via electronic participation.

• 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 K. Meads

  Seconded by J. Smith

  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 Sections 8.3.2.1.1 and 8.3.2.1.2.8 of Zoning By-law (1995)-14864, as amended, for 160 Research Lane, to permit:

  1. a day care centre establishment as an additional permitted use on the subject property, when the By-law permits a variety of uses in the I.2-1 Zone, but does not permit a day care centre; and
  2. a maximum outdoor amenity area of 101 square metres associated with the day care centre use outside of the existing enclosed building, when the By-law requires that all uses, with the exception of parking, loading, garbage storage, outdoor patio cafes, outdoor sportsfield facilities, operations or use directly related to the University of Guelph, or government uses in accordance with Section 4.2 of the By-law, are conducted within an enclosed building,

  be approved, subject to the following condition:

  1. That the day care centre and the location of the associated outdoor amenity area be 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-57/21 204 Liverpool Street

Owner: Melissa and Konstantinos Paliouras
Agent: Kelly Wilson, Volumes of Space
Location: 204 Liverpool Street

In Attendance: K. Wilson

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. K. Wilson, agent, responded that the sign was posted and comments were received. She explained the general purpose of the application.

After a brief break to allow members of the public to express interest in speaking to the application, no members of the public spoke via electronic participation.

• 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 D. Kendrick

  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, variances from the requirements of Table 5.1.2 Row 6 and Section 5.1.2.7 i), and Table 5.1.2 Row 7 of Zoning By-law (1995)-14864, as amended, for 204 Liverpool Street, to permit:

  1. a minimum front yard setback of 3.36 metres for the proposed addition to the front of the existing two-storey detached dwelling, when the By-law requires that for dwellings located within Defined Area Map Number 66 of Schedule ‘A’ of the Zoning By-law, a minimum front yard setback of 6 metres or the average of the setbacks of the adjacent properties [being 4.8 metres]; and
  2. a minimum side yard setback of 0.73 metres for the proposed addition to the rear of the existing two-storey detached dwelling, when the By-law requires a minimum side yard setback 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 proposed 3.36 metre front yard setback apply only to the one-storey enclosed front porch as shown on the public notice sketch; and
  2. That the right (west) side yard setback of 0.73 metres apply only to the proposed one-storey rear dwelling addition as shown on 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-25/21 14 and 18 Cambridge Street

Owner: Paul Hettinga
Agent: Jeff Buisman, Van Harten Surveying Inc.
Location: 14 and 18 Cambridge Street

In Attendance: J. Buisman

Chair K. Ash 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.

After a brief break to allow members of the public to express interest in speaking to the application, no members of the public spoke via electronic participation.

• 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. Smith

  Seconded by M. Allison

  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 970, Registered Plan 8, currently known as 18 Cambridge Street, a parcel with frontage along Cambridge Street of 16.5 metres, a depth of 32 metres, and an area of 536 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated November 5, 2021, project number 30164-21, 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 ([e-mail]).
  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.

  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

Chair and Staff Announcements

Member Vacancy Update

Secretary-Treasurer T. Di Lullo announced that Guelph City Council appointed Keith Hamilton as a new member to the Committee of Adjustment to fill a vacant position due to the resignation of a past member. 

Upcoming Election of 2022 Chair and Vice Chair

Secretary-Treasurer T. Di Lullo reminded members that the annual election of the Chair and Vice-chair positions will take place at the next hearing on January 13, 2022.