Committee of Adjustment

That the minutes from the June 13, 2024 Regular Hearing of the Committee of Adjustment, be approved as circulated.

That consent files B-38/24, B-39/24, B-40/24, B-41/24, and B-42/24 and minor variance files A-52/24, A-53/24, A-54/24, A-55/24, A-56/24, and A-57/24 for 67 and 71 College Avenue West and 94 University Avenue West, be

That minor variance application file A-73/22 for 191 Kortright Road West, be

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 8, Plan 403, currently known as 7 Newstead Street, a parcel of land with frontage along Newstead Street of 14.4 metres, a depth of 76 metres, and an area of 1,095 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 14, 2024, project number 32903-23, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management report for the severed and retained lots that has been designed in accordance with the City of Guelph’s Development Engineering Manual. 3. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands. The grading/drainage plan must be designed in accordance with the C

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 6.2 and Table 6.3 of Zoning By-law (2023)-20790, as amended, for 7 Newstead Street, to permit: a. a minimum lot frontage of 14.4 metres for the proposed retained lot, when the By-law requries a minimum lot frontage of 15 metres; b. a minimum interior side yard setback of 1.5 metres, when the By-law requires a minimum interior side yard setback of 1.5 metres be approved, subject to the following condition: 1. That consent application file B-14/24 receives final certification of the Secretary-Treasurer and be registered on title. Committee of Adjustment Minutes: July 11, 2024 - 7 Reason: This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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 matte

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 4.5.2(b) of Zoning By-law (2023)-20790, as amended, for 210 King Street, to permit a maximum height of 5.15 metres for the proposed accessory building in the rear yard (artist’s studio with storage loft), when the By-law requires a maximum height of 4 metres for an accessory building or structure, be approved, subject to the following conditions: 1. That the proposed accessory structure be constructed in general accordance with the submitted site plan sketch to the satisfaction of the General Manager of Planning and Building Services. Committee of Adjustment Minutes: July 11, 2024 - 9 2. That the proposed accessory structure be constructed to not contain any habitable floor space to the satisfaction of the General Manager of Planning and Building Services. 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 de

Committee of Adjustment Minutes: July 11, 2024 - 10 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 Lots 31 and 32, Plan 27, currently known as 70 Preston Street, a parcel of land with frontage along Preston Street of 9.2 metres, and an area of 347 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 5, 2024, project number 29216-21, 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 indicating the location and design of the new dwelling. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management report for the severed and retained lots that has been designed in accordance with the City of Guelph’s Development Engineering Manual. 3. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands. The grading/drainage plan must be designed in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to the issuance of the Certificate of Official, the Owner(s) sha

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 Lots 31 and 32, Plan 27, currently known as 70 Preston Street, a parcel of land with frontage along Preston Street of 9.9 metres, and an area of 353 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 5, 2024, project number 29216-21, 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 indicating the location and design of the new dwelling. Committee of Adjustment Minutes: July 11, 2024 - 15 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management report for the severed and retained lots that has been designed in accordance with the City of Guelph’s Development Engineering Manual. 3. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands. The grading/drainage plan must be designed in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to the issuance of the Certificate of Official, the Owner(s) sh

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 Lots 31 and 32, Plan 27, currently known as 70 Preston Street, a parcel of land with frontage along Preston Street of 8.2 metres, and an area of 281 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 5, 2024, project number 29216-21, 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 indicating the location and design of the new dwelling. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management report for the severed and retained lots that has been designed in accordance with the City of Guelph’s Development Engineering Manual. 3. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retained lands. The grading/drainage plan must Committee of Adjustment Minutes: July 11, 2024 - 20 be designed in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to the issuance of the Certificate of Official, the Owner(s) sha

That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2 (a), Table 5.2 Additional Regulation 1, and Table 5.3 Row 15 of Zoning By-law (2023)-20790, as amended, for 70 Preston Street, to permit: a. a maximum garage width of 4.6 metres for the proposed semi- detached dwelling, when the By-law requires that a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50% of the lot frontage or 5 metres, whichever is less b. a maximum driveway width of 5 metres for the proposed semi- detached dwelling, when the By-law requires that a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less; c. the proposed attached garage to project a maximum of 2 metres beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, as a roofed porch is proposed, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres d. a minimum floor area

That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2 (a), Table 5.2 Additional Regulation 1, and Table 5.3 Row 15 of Zoning By-law (2023)-20790,, as amended, for 70 Preston Street, to permit: a. a maximum garage width of 4.1 metres for the proposed semi- detached dwelling, when the By-law requires that a maximum attached garage width for a semi-detached dwelling in a RL.1 Zone to be 50% of the lot frontage or 5 metres, whichever is less b. a maximum driveway width of 4.9 metres for the proposed semi-detached dwelling, when the By-law requires that a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less; c. the proposed attached garage to project a maximum of 2 metres beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, as a roofed porch is proposed, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres d. a minimum floor are

That this hearing of the Committee of Adjustment be adjourned. (4:30p.m.)