Committee of Adjustment Minutes

Thursday, October 13, 2022 at 4:00 P.m. - 8:00 P.m.

Remote meeting live streamed on guelph.ca/live

Members Present

• D. Kendrick, Chair
• J. Smith, Vice Chair
• S. Dykstra
• K. Hamilton
• K. Meads

Members Absent

• M. Allison

Staff Present

• J. da Silva, Council and Committee Coordinator
• S. Daniel, Engineering Technologist
• T. Di Lullo, Secretary-Treasurer
• K. Patzer, Senior By-law Administrator/Zoning Inspector III
• A. Sandor, Council and Committee Assistant
• L. Sulatycki, Planner
• S. Wilson, Planner
• M. Witmer, 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: J. Smith
  Seconded by: K. Hamilton

  That the minutes from the September 8, 2022 Regular Hearing of the Committee of Adjustment, be approved as circulated.

  Carried

Requests for Withdrawal or Deferral

B-26/22 B-27/22 B-28/22 105 Victoria Road North

Owner: Gemini Homes C/O Zenon Alexander Maziarz

Agent: Emily Elliot and Dave Aston, MHBC Planning

Location: 105 Victoria Road North

In Attendance: D. Aston

D. Aston, agent, indicated that he did not agree with the recommendation to defer the applications. 

• Moved by: K. Meads
  Seconded by: S. Dykstra

  That consent applications B-26/22, B-27/22 and B-28/22 for 105 Victoria Road North, 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with the Committee’s policy on applications deferred sine die, that the applications will be considered to be withdrawn if not dealt with within 12 months of deferral and that the deferral fees be paid prior to reconsideration of the applications.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 at the request of staff to allow staff and the applicant to allow time to discuss an active rezoning application on the subject property.

  Carried

A-64/22 80 Woodlawn Road West

Owner: Carere and Bridge Ltd.

Agent: Birju Bhavsar, GDB Consultancy Inc.

Location: 80 Woodlawn Road West

In Attendance: B. Bhavsar

• Moved by: K. Meads
  Seconded by: K. Hamilton

  That minor variance application A-64/22 for 80 Woodlawn Road West, 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 the applicant time to discuss a possible parking variance for the subject property.

  Carried

Current Applications

B-19/22 B-20/22 B-21/22 7 and 9 Omar Street and 19 Alma Street North

Owner: Knight Lumber Ltd. 

Agent: Nancy Shoemaker, J.D. Barnes Ltd.

Location: 7 and 9 Omar Street and 19 Alma Street North

In Attendance: N. Shoemaker

Secretary-Treasurer T. Di Lullo indicated that comments were received after the comment deadline from CN Rail, and a revised application and site sketch were recently submitted by the applicant indicating the need for drainage easements on the subject properties, and altering the location of the retained and severed lots.

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 gave a brief explanation of the applications and outlined the revisions.

No members of the public spoke.

• Consent File B-19/22

  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: J. Smith

  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 easement over Lots 64 and 65 and Part Lots 62 and 63, Registered Plan 258, currently known as 7 and 9 Omar Street and 19 Alma Street North, substantially in accordance with a sketch prepared by J.D. Barnes Ltd., dated August 30, 2022, and revised October 11, 2022, reference number 16-14-075-02:

  1. the severance of a parcel of land with frontage along Omar Street of 14.14 metres and an area of 542 square metres; and
  2. the creation of a 542 square metre easement over the proposed severed parcel (proposed Part 1) for drainage in favour of the proposed retained parcel and proposed severed parcel (proposed Parts 2 and 3),

  be approved, subject to the following conditions:

  1. That prior to the issuance of a building permit for the severed and retained lots, the Owner/Developer shall submit to the City, in accordance with Section 41 of the Planning Act, a fully detailed site plan, indicating the location of the building, design and elevations, landscaping, parking, traffic circulation, access, lighting, noise mitigation measures outlined in the accepted Noise and Vibration Feasibility Study, grading and drainage on the said lands to the satisfaction of the General Manager of Planning and Building Services and the General Manager/City Engineer, prior to any construction or grading on the lands.
  2. That prior to the issuance of the building permit, the owner shall submit to the City, in accordance with Section 41 of The Planning Act, a fully detailed site plan indicating the location of the building, building design, landscaping, parking, traffic circulation, access, lighting, grading and drainage on the said lands to the satisfaction of the General Manager of Planning and the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the Owner(s) shall construct the proposed storm sewer on Part 4 as shown on the site servicing plan prepared by GM BluePlan to the satisfaction of the General Manager/City Engineer.
  4. That prior to the issuance of the Certificate of Official, the Owner(s) shall pay the initial estimated cost for all construction works within the City’s right of way as approved in the cost estimate to the satisfaction of the General Manager/City Engineer.
  5. That the Owner(s) agree to pay the actual cost once the work for the proposed works within the Right of Way are completed, including the restoration costs to the satisfaction of the General Manager/City Engineer.
  6. That prior to issuance of building permits, the owner make satisfactory arrangements with the ICI and Layouts Department of Alectra Utilities for the servicing of the new lot(s). The servicing costs would be at the applicant’s expense.
  7. That prior to the issuance of building permits, the Owner(s) shall grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN.
  8. 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.
  9. 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.
  10. 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.
  11. 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 ().
  12. 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-20/22

  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: J. Smith

  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 easement over Lots 64 and 65 and Part Lots 62 and 63, Registered Plan 258, currently known as 7 and 9 Omar Street and 19 Alma Street North, substantially in accordance with a sketch prepared by J.D. Barnes Ltd., dated August 30, 2022, and revised October 11, 2022, reference number 16-14-075-02:

  1. the severance of a parcel of land with frontage along Alma Street North of 16.62 metres and an area of 1,031 square metres; and
  2. the creation of a 1,031 square metre easement over the proposed severed parcel (proposed Part 4) for drainage in favour of the proposed severed parcel (proposed Part 1),

  be approved, subject to the following conditions:

  1. That prior to the issuance of a building permit for the severed and retained lots, the Owner/Developer shall submit to the City, in accordance with Section 41 of the Planning Act, a fully detailed site plan, indicating the location of the building, design and elevations, landscaping, parking, traffic circulation, access, lighting, noise mitigation measures outlined in the accepted Noise and Vibration Feasibility Study, grading and drainage on the said lands to the satisfaction of the General Manager of Planning and Building Services and the General Manager/City Engineer, prior to any construction or grading on the lands.
  2. That prior to the issuance of the building permit, the owner shall submit to the City, in accordance with Section 41 of The Planning Act, a fully detailed site plan indicating the location of the building, building design, landscaping, parking, traffic circulation, access, lighting, grading and drainage on the said lands to the satisfaction of the General Manager of Planning and the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the Owner(s) shall construct the proposed storm sewer on Part 4 as shown on the site servicing plan prepared by GM BluePlan to the satisfaction of the General Manager/City Engineer.
  4. That prior to the issuance of the Certificate of Official, the Owner(s) shall pay the initial estimated cost for all construction works within the City’s right of way as approved in the cost estimate to the satisfaction of the General Manager/City Engineer.
  5. That the Owner(s) agree to pay the actual cost once the work for the proposed works within the Right of Way are completed, including the restoration costs to the satisfaction of the General Manager/City Engineer.
  6. That prior to issuance of building permits, the owner make satisfactory arrangements with the ICI and Layouts Department of Alectra Utilities for the servicing of the new lot(s). The servicing costs would be at the applicant’s expense.
  7. That prior to the issuance of building permits, the Owner(s) shall grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN.
  8. 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.
  9. 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.
  10. 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.
  11. 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 ().
  12. 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-21/22

  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: J. Smith

  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 Lots 64 and 65 and Part Lots 62 and 63, Registered Plan 258, currently known as 7 and 9 Omar Street and 19 Alma Street North, a parcel with a frontage on Alma Street North of 12.63 metres, and an area of 353 square metres, substantially in accordance with a sketch prepared by J.D. Barnes Ltd., dated August 30, 2022, and revised October 11, 2022, reference number 16-14-075-02, be approved, subject to the following conditions:

  1. That prior to the issuance of a building permit for the severed and retained lots, the Owner/Developer shall submit to the City, in accordance with Section 41 of the Planning Act, a fully detailed site plan, indicating the location of the building, design and elevations, landscaping, parking, traffic circulation, access, lighting, noise mitigation measures outlined in the accepted Noise and Vibration Feasibility Study, grading and drainage on the said lands to the satisfaction of the General Manager of Planning and Building Services and the General Manager/City Engineer, prior to any construction or grading on the lands.
  2. That prior to the issuance of the building permit, the owner shall submit to the City, in accordance with Section 41 of The Planning Act, a fully detailed site plan indicating the location of the building, building design, landscaping, parking, traffic circulation, access, lighting, grading and drainage on the said lands to the satisfaction of the General Manager of Planning and the General Manager/City Engineer.
  3. That prior to the issuance of the Certificate of Official, the Owner(s) shall construct the proposed storm sewer on Part 4 as shown on the site servicing plan prepared by GM BluePlan to the satisfaction of the General Manager/City Engineer.
  4. That prior to the issuance of the Certificate of Official, the Owner(s) shall pay the initial estimated cost for all construction works within the City’s right of way as approved in the cost estimate to the satisfaction of the General Manager/City Engineer.
  5. That the Owner(s) agree to pay the actual cost once the work for the proposed works within the Right of Way are completed, including the restoration costs to the satisfaction of the General Manager/City Engineer.
  6. That prior to issuance of building permits, the owner make satisfactory arrangements with the ICI and Layouts Department of Alectra Utilities for the servicing of the new lot(s). The servicing costs would be at the applicant’s expense.
  7. That prior to the issuance of building permits, the Owner(s) shall grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN.
  8. 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.
  9. 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.
  10. 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.
  11. 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 ().
  12. 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-49/22 17 Edwin Place

Owner: Stuart McCook and Alicia Viloria-Petit

Agent: Mackenzie Carroll and Jim Gerrard, Gerrard's Design and Drafting Inc.

Location: 17 Edwin Place

In Attendance: M. Carroll

Chair D. Kendrick questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. M. Carroll, agent, responded that the sign was posted and comments were received. M. Carroll 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: K Meads
  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 17 Edwin Place, to permit a minimum left side yard setback of 1.0 metres for the proposed addition to the rear of the existing detached dwelling, when the By-Law requires a minimum side yard setback of 1.5 metres for 1 to 2 storey dwellings in an R.1B Zone, be approved subject to the following condition:

  1. That the left side yard setback of 1.0 metre apply only to the proposed addition, generally in accordance with the public notice sketch.

  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

B-22/22 33 Islington Avenue

Owner: Gloria Fae Dent

Agent: Nancy Shoemaker, J.D. Barnes Ltd.

Location: 33 Islington Avenue

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: J. Smith
  Seconded by: K. Meads

  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 Block D, Registered Plan 598, being Parts 2 and 3 according to Reference Plan 61-6854, currently known as 33 Islington Avenue, a parcel of land with an area of 273 square metres, as a lot addition to Part Block D, Registered Plan 598, Part 1 according to Reference Plan 61-R-6854, currently known as 37 Islington Avenue, substantially in accordance with a sketch prepared by J.D. Barnes Ltd. dated September 6, 2022, reference number 22-14-789-00-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.

  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

B-23/22 B-31/22 710 Woolwich Street

Owner: 2776563 Ontario Inc.

Agent: Dave Galbraith, IBI Group

Location: 710 Woolwich Street

In Attendance: D. Galbraith

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

No members of the public spoke.

• Consent File B-23/22

  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: J. Smith

  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 19, Division A, Part 2 of Reference Plan 61-R-22032, currently known as 710 Woolwich Street, a parcel with a frontage on Woolwich Street of 49.7 metres, and an area of 3000 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 17, 2022, project number 28990-20, 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

• Consent File B-31/22

  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: J. Smith

  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 easement over Part Lot 19, Division A, Part 2 of Reference Plan 61R-22032, currently known as 710 Woolwich Street, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 17, 2022, project number 28990-20, the creation of a 1,300 square metre easement over a portion of the retained parcel for access and stormwater servicing in favour of the severed parcel, 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

B-24/22 B-25/22 300 Grange Road

Owner: 2538003 Ontario Inc.

Agent: Daniel Doherty, Fusion Homes

Location: 300 Grange Road

In Attendance: D. Doherty

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

No members of the public spoke.

• Consent File B-24/22

  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: S. Dykstra
  Seconded by: K. Meads

  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 6, Division C, Registered Plan 53, Part 1 of Reference Plan 61-R-10871, currently known as 300 Grange Road, a parcel with a frontage on Grange Road of 9.0 metres, and an area of 288 square metres, substantially in accordance with a sketch prepared by J.D. Barnes Ltd., dated September 8, 2022, reference number 22-14-656-00-8, be approved, subject to the following conditions:

  1. That prior to the issuance of a building permit, a plan shall be submitted to, and approved by the General Manager of Planning and Building Services, for the new dwellings on the "severed" parcels indicating the location and design of the new dwellings.
  2. That prior to the issuance of a building permit, elevation and design drawings for the new dwellings on the “severed” parcels shall be submitted to, and approved by the General Manager of Planning and Building Services.
  3. That prior to the issuance of a building permit, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, the following studies, plans and reports:
     1. a stormwater management report (Brief) and plans certified by a Professional Engineer in accordance with the City’s Guidelines and the latest edition of the Ministry of the Environment’s "Stormwater Management Practices Planning and Design Manual," which addresses the quantity and quality of stormwater discharge from the Site together with a monitoring and maintenance program for the stormwater management facility to be submitted;
     2. Grading / Servicing Plan
     3. Erosion and Sediment Control Plan
     4. A cost estimate for the work within the City right-of-way is to be prepared by the consulting Engineer using the City’s cost estimate Excel spreadsheet.
  4. That prior to the issuance of a building permit, the Owner(s) pays the cost of constructing of new service laterals to the lands, including the cost of any curb cuts or curb fills required, and all restoration works with the estimated cost of the works as determined necessary by the General Manager/City Engineer being paid.
  5. 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 lands.
  6. Prior to the issuance of any building permit, the owner shall construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, according to a plan submitted to and approved by the General Manager/City Engineer.
  7. That prior to issuance of building permits, the owner make satisfactory arrangements with the ICI and Layouts Department of Alectra Utilities for the servicing of the new lot(s). The servicing costs would be at the applicant’s expense.
  8. 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.
  9. 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.
  10. 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.
  11. 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 ().
  12. 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-25/22

  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: S. Dykstra
  Seconded by: K. Meads

  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 6, Division C, Registered Plan 53, Part 1 of Reference Plan 61-R-10871, currently known as 300 Grange Road, a parcel with a frontage on Grange Road of 9.0 metres, and an area of 288 square metres, substantially in accordance with a sketch prepared by J.D. Barnes Ltd., dated September 8, 2022, reference number 22-14-656-00-8, be approved, subject to the following conditions:

  1. That prior to the issuance of a building permit, a plan shall be submitted to, and approved by the General Manager of Planning and Building Services, for the new dwellings on the "severed" parcels indicating the location and design of the new dwellings.
  2. That prior to the issuance of a building permit, elevation and design drawings for the new dwellings on the “severed” parcels shall be submitted to, and approved by the General Manager of Planning and Building Services.
  3. That prior to the issuance of a building permit, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, the following studies, plans and reports:
     1. a stormwater management report (Brief) and plans certified by a Professional Engineer in accordance with the City’s Guidelines and the latest edition of the Ministry of the Environment’s "Stormwater Management Practices Planning and Design Manual," which addresses the quantity and quality of stormwater discharge from the Site together with a monitoring and maintenance program for the stormwater management facility to be submitted;
     2. Grading / Servicing Plan
     3. Erosion and Sediment Control Plan
     4. A cost estimate for the work within the City right-of-way is to be prepared by the consulting Engineer using the City’s cost estimate Excel spreadsheet.
  4. That prior to the issuance of a building permit, the Owner(s) pays the cost of constructing of new service laterals to the lands, including the cost of any curb cuts or curb fills required, and all restoration works with the estimated cost of the works as determined necessary by the General Manager/City Engineer being paid.
  5. 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 lands.
  6. Prior to the issuance of any building permit, the owner shall construct, install, and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, according to a plan submitted to and approved by the General Manager/City Engineer.
  7. That prior to issuance of building permits, the owner make satisfactory arrangements with the ICI and Layouts Department of Alectra Utilities for the servicing of the new lot(s). The servicing costs would be at the applicant’s expense.
  8. 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.
  9. 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.
  10. 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.
  11. 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 ().
  12. 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

B-29/22 B-30/22 A-51/22 64 and 70 Forest Street

Owner: Peter John Gill and Beverley Jill Gill

Agent: Jeff Buisman, Van Harten Surveying Inc.

Location: 64 and 70 Forest Street

In Attendance: J. Buisman 

Chair D. Kendrick 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.

• Consent File B-29/22

  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: S. Dykstra
  Seconded by: K. Meads

  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 44, Registered Plan 50, Part 2 of Reference Plan 61R-3037 and Part 2 of Reference Plan 61R-3234, currently known as 64 Forest Street, a parcel of land with frontage on Forest Street of 1.5 metres, and an area of 65 square metres, as a lot addition to Part Lot 44, Registered Plan 50, Part 1 of WGR132 and Part 1 of Reference Plan 61R-3234, currently known as 70 Forest Street, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated September 13, 2022, project number 30033-21, 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 ().
  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.

  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-30/22

  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: S. Dykstra
  Seconded by: K. Meads

  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 44, Registered Plan 50, Part 1 of WGR132 and Part 1 of Reference Plan 61R-3234, currently known as 70 Forest Street, a parcel of land including the lot addition created via file B-29/22 with frontage on Forest Street of 12.7 metres, and an area of 551 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated September 13, 2022, project number 30033-21, be approved subject to the following conditions:

  1. That Consent application B-29/22 is approved.
  2. That Minor Variance application A-51/22 is approved.
  3. That prior to the issuance of a building permit, a plan shall be submitted to, and approved by the General Manager of Planning and Building Services, for the new dwelling on the "severed" parcel indicating the location and design of the new dwelling.
  4. That prior to the issuance of a building permit, elevation and design drawings for the new dwelling on the “severed” parcel shall be submitted to and approved by the General Manager of Planning and Building Services.
  5. That prior to the issuance of a building permit, or removal of the City boundary tree (whichever occurs first), the applicant shall provide compensation either in the form of Cash in Lieu or Replacement Trees, or a combination of the two at the discretion of City staff for the City boundary tree that is to be removed to accommodate the development.
  6. 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.
  7. That prior to the issuance of the Certificate of Official, the Owner(s), shall remove the stairs encroaching on parcel 2 from parcel 3 as shown in the provided sketch.
  8. 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, the following studies, plans and reports:
     1. a stormwater management report and plans certified by a Professional Engineer in accordance with the City’s Guidelines and the latest edition of the Ministry of the Environment’s "Stormwater Management Practices Planning and Design Manual," which addresses the quantity and quality of stormwater discharge from the Site together with a monitoring and maintenance program for the stormwater management facility to be submitted;
     2. Grading / Servicing Plan
     3. Erosion & Sediment Control Plan
     4. A composite utility plan (within right-of-way frontage) showing all utilities and proposed servicing to the site will be required for formal submission.
     5. Site Screening Questionnaire in accordance with the City’s environmental guidelines.
     6. A cost estimate for the work within the City’s right-of-way is to be prepared by the consulting Engineer using the City’s cost estimate Excel spreadsheet.
  9. That prior to the issuance of the Certificate of Official, the Owner(s) agrees to obtain approval from the City’s engineering department on the above-listed plans and reports.
  10. That prior to issuance of any building permit or grading on the lands, the Owner shall construct, install and maintain erosion and sediment control facilities satisfactory to the General Manager/City Engineer, in accordance with a plan that has been submitted to and approved by the General Manager/City Engineer.
  11. That prior to the issuance of building permit, the Owner(s) shall pay the initial estimated cost for all construction works within the City’s right of way as approved in the cost estimate to the satisfaction of the General Manager/City Engineer.
  12. That the Owner(s) agree to pay the actual cost once the work for the proposed works within the Right of Way are completed, including the restoration costs to the satisfaction of the General Manager/City Engineer.
  13. That prior to the issuance of building permit, the Owner(s) shall construct and service the new proposed dwelling with water/sanitary service to the satisfaction of the General Manager/City Engineer.
  14. That the Owner(s) agrees to design and construct the new dwelling at such an elevation that the building's lowest level can be serviced with a gravity connection to the City's 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.
  15. That prior to the issuance of a building permit, provide a lot grading plan for the new proposed dwellings.
  16. That prior to issuance of building permits, the owner make satisfactory arrangements with the ICI and Layouts Department of Alectra Utilities for the servicing of the new lot(s). The servicing costs would be at the applicant’s expense.
  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.

  Carried

• Minor Variance File A-51/22

  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: S. Dykstra
  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 Table 5.1.2 Row 4 of Zoning By-law (1995)-14864, as amended, for 70 Forest Street, to permit a minimum lot frontage of 12.7 metres for the proposed severed parcel, when the By-Law requires a minimum lot frontage of 15.0 metres for properties located in a R.1B Zone, be approved subject to the following conditions:

  1. That the driveway width be limited to a maximum of 6 metres.
  2. That consent applications B-29/22 and B-30/22 receives 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

A-50/22 43 Everton Drive

Owner: Fusion Homes

Agent: Phil Ha, Fusion Homes

Location: 43 Everton Drive

In Attendance: P. Ha

Chair D. Kendrick questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. P. Ha, agent, responded that the sign was posted and comments were received. P. Ha 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: K. Meads
  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 Section 4.13.2.1 of Zoning By-law (1995)-14864, as amended, for 43 Everton Drive, to permit the required parking space to be located 0.8 metres from the street line (within the driveway) and be located in front of the front wall of the dwelling, when the By-Law requires that in a R.1 Zone, every required parking space shall be located a minimum distance of 6 metres from the street line and to the rear of the front wall of the main building, be approved subject to the following conditions:

  1. That the Owner enters into an Agreement registered on title of the property prior to the lapsing of the original variance application A-94/19, requiring the temporary sales office at 43 Everton Drive, be removed from within the garage and the garage restored to accommodate a 3 metre by 6 metre parking space for the dwelling prior to the transfer of lease/title to a subsequent owner(s) or within 3 years of Committee’s final decision, whichever occurs first.
  2. That the temporary sales office be permitted for a maximum of three (3) years from the date of Committee’s final decision.
  3. That the existing agreement registered January 15, 2020, as Instrument No. WC589989 be released off title once the new agreement is registered at the sole cost of the Owner.

  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

Cityview Subdivision

A-53/22 A-54/22 6 and 8 Breesegarden Lane

Owner: 1266304 Ontario Inc.

Agent: Charlotte Balluch, GSP Group

Location: 6 and 8 Breesegarden Lane

In Attendance: C. Balluch

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

No members of the public spoke.

• Minor Variance Application A-53/22

  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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 6 Breesegarden Lane, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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

• Minor Variance File A-54/22

  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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 8 Breesegarden Lane, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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-55/22 179 Cityview Drive North

Owner: 1266304 Ontario Inc.

Agent: Charlotte Balluch, GSP Group

Location: 179 Cityview Drive North

In Attendance: C. Balluch

Chair D. Kendrick questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. C. Balluch, 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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 179 Cityview Drive North, to permit a maximum driveway width of 5 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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-56/22 A-57/22 A-58/22 A-59/22 17, 19, 21 and 23 Harrington Road

Owner: 1266304 Ontario Inc.

Agent: Charlotte Balluch, GSP Group

Location: 17, 19, 21, and 23 Harrington Road

In Attendance: C. Balluch

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

No members of the public spoke.

• Minor Variance File A-56/22

  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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 17 Harrington Road, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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

• Minor Variance File A-57/22

  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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 19 Harrington Road, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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

• Minor Variance File A-58/22

  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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 21 Harrington Road, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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

• Minor Variance File A-59/22

  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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 23 Harrington Road, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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-60/22 A-61/22 A-62/22 87, 89, 91 Silurian Drive

Owner: 1266304 Ontario Inc.

Agent: Charlotte Balluch, GSP Group

Location: 87, 89, and 91 Silurian Drive

In Attendance: C. Balluch

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

No members of the public spoke.

• Minor Variance File A-60/22

  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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 87 Silurian Drive, to permit a maximum driveway width of 5 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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

• Minor Variance File A-61/22

  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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 89 Silurian Drive, to permit a maximum driveway width of 5 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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

• Minor Variance File A-62/22

  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: S. Dykstra
  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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 91 Silurian Drive, to permit a maximum driveway width of 5 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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-63/22 Lots 103-111 Phase 2, Cityview Subdivision

Owner: Debrob Investments Ltd.

Agent: Charlotte Balluch, GSP Group

Location: 87, 89, 91 Silurian Drive

In Attendance: C. Balluch

Chair D. Kendrick questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. C. Balluch, 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: K. Hamilton
  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, variances from the requirements of Table 5.1.2 Rows 4 and 7 of Zoning By-law (1995)-14864, as amended, for Lots 103-111 Phase 2, Cityview Subdivision, currently a portion of 55 Cityview Drive North, to permit:

  1. a minimum lot frontage of 9.0 metres for each lot, when the By-Law requires that the minimum lot frontage be 12 metres in an R.1C Zone; and
  2. a minimum side yard of 0.6 metres for each lot, when the By-Law requires that the minimum side yard for a 1-2 storey dwelling be 1.2 metres in an R.1C Zone,

  be approved subject to the following conditions:

  1. That the maximum driveway width for each lot shall be 5 metres.
  2. Prior to issuance of building permits, the owner makes satisfactory arrangements with the Subdivisions Department of Alectra Utilities for the servicing of the new lot(s). The servicing costs would be at the applicant’s expense.
  Not Carried

  Chair Kendrick ruled that the motion was superseded by the following motion to defer. 

  
  

• Moved by: J. Smith
  Seconded: K. Meads

  That minor variance application A-63/22 for Lots 103-111 Phase 2, Cityview Subdivision, 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 Committee of Adjustment to allow time to address concerns received from Alectra Utilities.

  Carried

Chair and Staff Announcements

Member K. Meads commented that including within a staff report an applicant's response to a staff recommendation to defer their application would help save time at a Committee of Adjustment hearing. 

Adjournment

• Moved by: K. Meads
  Seconded by: J. Smith

  That this hearing of the Committee of Adjustment be adjourned. (5:36 p.m.)

  Carried