Committee of Adjustment Minutes

Thursday, April 08, 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
• S. Dykstra
• D. Gundrum
• K. Meads
• J. Smith

Staff Present

• B. Bond, Zoning Inspector
• J. da Silva, Acting Secretary-Treasurer
• S. Daniel, Engineering Technologist
• M. Mucignat, Planner
• K. Patzer, Planner
• L. Sulatycki, Planner
• D. Tremblay, Board and Committee Coordinator

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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 Acting Secretary-Treasurer J. da Silva 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. Gundrum

  That the minutes from the February 25, 2021 and March 11, 2021 Regular Hearings of the Committee of Adjustment, be approved as circulated.

  Carried

Requests for Withdrawal or Deferral

There were no requests.

Current Applications

A-23/21 17 Golfview Road

Owner: Brian Matcheski and Heather Steinhoff

Agent: Phill McFadden, Sutcliffe Homes Inc.

Location: 17 Golfview Road

In Attendance: P. McFadden

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

  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 Golfview Road, to permit a right side yard setback of 0.77 metres, when the By-law requires a minimum side yard setback of 1.5 metres for a one or two storey single detached dwelling in a R.1B Zone, be approved, subject to the following conditions:

  1. That the right side yard setback of 0.77 metres apply only to the proposed one storey garage and dwelling addition as shown on the public notice sketch.
  2. That prior to issuance of a Building Permit, the Owner(s) shall have a Professional Engineer or Ontario Land Surveyor design a grading and drainage plan for the site, to the satisfaction of the General Manager/City Engineer. Grading must demonstrate that existing drainage patterns are maintained, no run-off is entering adjacent properties and is contained on-site.
  3. That prior to issuance of a building permit, the applicant makes arrangements with the ICI & Layouts Department of Alectra Utilities for the possible relocation of the existing overhead hydro service. This would be at the applicant’s expense.

  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

A-24/21 144 Watson Road North

Owner: Watson Park Apartments Ltd.

Agent: Andrea Sinclair, MHBC Planning

Location: 144 Watson Road North

In Attendance: A. Sinclair

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

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 M. Gundrum
  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 Section 4.13.6 of Zoning By-law (1995)-14864, as amended, for 144 Watson Road North, to permit a minimum of 15 percent [24 parking spaces] of the calculated total required number of parking spaces [160 parking spaces] for the use of visitors to the existing residential building, when the By-law requires that, in an R.4 Zone, a minimum of 20 percent [32 parking spaces] of the calculated total required number of parking spaces [160 parking spaces] shall be provided for the use of visitors to a residential building and such parking spaces shall be located above grade and clearly identified as being reserved for the exclusive use of visitors, be approved, subject to the following condition:

  1. That the applicant submits a red-lined site plan for approved Site Plan file SP17-025 to the Site Plan Coordinator in the Planning Department within 3 months of the Committee’s final decision.

  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-25/21 150 Suffolk Street West

Owner: 2567789 Ontario Inc.

Agent: N/A

Location: 150 Suffolk Street West

In Attendance: C. Young

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. C. Young, owner, responded that the sign was posted and comments were received. She explained the intent of the application and the need for the requested variances. Chair K. Ash questioned if the applicant wished to withdraw the application as the requested variances for parking spaces were not required for the proposed additional residential dwelling unit. C. Young, owner, advised that she wished to proceed with 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. Gundrum
  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, a variances from the requirements of Sections 4.13.4.3, 4.13.7.2 ii), and 4.13.7.6 of Zoning By-law (1995)-14864, as amended, for 150 Suffolk Street West, to permit:

  1. a minimum of 1 off-street parking space for the primary dwelling unit and proposed additional residential dwelling unit in the existing semi-detached dwelling, when the by-law requires a minimum of 1 parking space per unit in a semi-detached/duplex dwelling;
  2. a maximum of 2 driveway accesses on the residential lot, when the by-law requires that only 1 driveway (Residential) access shall be created per residential property; and
  3. the required parking space in the rear yard to be located 0 metres from the property line, when the by-law requires that in R.1 Zones where the parking area is situated in the rear yard, the parking area shall not be within 1 metre of any lot line and is to be screened from adjacent properties with a minimum 1.5 metre high solid fence or suitable landscaping,

  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

Staff Announcements

Member J. Smith congratulated Acting Secretary-Treasurer, J. da Silva, on well run meeting.  

Adjournment

• Moved by K. Meads
  Seconded by D. Kendrick

  That this hearing of the Committee of Adjustment be adjourned. (4:33 p.m.)

  Carried