Committee of Adjustment

That the minutes from the May 9, 2024 Regular Hearing of the Committee of Adjustment, be approved as circulated.

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 Lot 3, Plan 61M-242, currently known as 6 Nicholas Way, with a width of 0.7 metres and an area of 7 square metres, for the purpose of maintenance of eaves in favour of Committee of Adjustment Minutes: June 13, 2024 - 2 the adjacent property at 8 Nicholas Way, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated May 8, 2024, project number 29015- 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 subm

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 2, 3, 7, 8 and 9, Plan 467; and Part Lots 7 and 8, Plan 74, currently known as 42 Lowes Road West, a parcel with a frontage on Dawn Avenue of 10.0 metres, and an area of 320 square metres, substantially in accordance with a sketch prepared by MHBC Planning, dated January 10, 2024, file number Y509BQ, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory and Preservation Plan (TIPP) and Compensation Plan (CP) which shall be developed and

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 2, 3, 7, 8 and 9, Plan 467; Committee of Adjustment Minutes: June 13, 2024 - 12 and Part Lots 7 and 8, Plan 74, currently known as 42 Lowes Road West, a parcel with a frontage on Dawn Avenue of 10.0 metres, and an area of 320 square metres, substantially in accordance with a sketch prepared by MHBC Planning, dated January 10, 2024, file number Y509BQ, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory and Preservation Plan (TIPP) and Compensation Plan (CP) which shall be developed and

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 2, 3, 7, 8 and 9, Plan 467; and Part Lots 7 and 8, Plan 74, currently known as 42 Lowes Road West, a parcel with a frontage on Dawn Avenue of 11.52 metres, and an area of 366.2 square metres, substantially in accordance with a sketch prepared by MHBC Planning, dated January 10, 2024, file number Y509BQ, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory and Preservation Plan (TIPP) and Compensation Plan (CP) which shall be developed and

That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Section 4.16.5 (a) and (b) of Zoning By-law (2023)-20790, as amended, for 47-75 Willow Road West, to permit a fence with a maximum height of 1.5 metres to be located a minimum of 3 metres from the exterior side property line on Dawson Road, when the By-law requires that the maximum height of a fence located in a front yard, interior side yard or exterior side yard is 0.8 metres, and that the maximum height of a fence located in a front yard, interior side yard or exterior side yard, setback 4 metres from a street line, is 1.6 metres in height, 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 Committee of Adjustment Minutes: June 13, 2024 - 39 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.

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 7.3.3 of Zoning By-law (1995)-14864, as amended, for 160 Southgate Drive, to permit a loading space that is partially visible from a public street, when the By-law requires a landscaped strip consisting of trees, shrubbery and/or berms to screen the loading space so that it is not visible from any public street, and a variance from the requirements of Section 5.4(b) of Zoning By-law (2023)-20790, as amended, for 160 Southgate Drive, to permit a loading space that is partially visible from a public street, when the By-law requires all loading spaces facing a public street be screened with a minimum 3 metre wide buffer strip, 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. Committee of Adjustment Minutes: June 13, 2024 - 40

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 6.3 of Zoning By-law (2023)-20790, as amended, for 1 Edgehill Drive, to permit a minimum front yard setback of 4.39 metres for the existing dwelling and proposed second storey addition, when the By-law requires that for lots within the Older Built-Up Area Overlay, a minimum front yard setback shall be the average of the established setbacks of the immediately adjacent lots, and where there is only one immediately adjacent lot or where the average of the setbacks of the adjacent lots cannot be determined, the minimum front yard or exterior side yard setback shall be 6 metres, be approved, subject to the following condition: 1. That prior to issuance of a building permit, the applicant makes arrangements with the ICI and Layouts Department of Alectra Utilities for the relocation of the existing hydro service. This would be at the applicant’s expense. 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 Committee of Adjustment Minutes: June 13, 2

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 96 and 97, Plan 274, currently known as 61 Hearn Avenue, a parcel with a frontage on Hearn Avenue of 17.3 metres, and an area of 528.2 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated April 10, 2024, project number 32194-23, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, the existing shed on the “retained” parcel shall be removed in its entirety or moved to be in compliance with the Zoning By-law to the satisfaction of the Chief Building Official. Committee of Adjustment Minutes: June 13, 2024 - 42 2. That the dwelling built on the “severed” parcel be in general conformity with the sketch provided on the Tree Inventory and Preservation Plan (TIPP) to the satisfaction of the General Manager of Parks. 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 stormwater management report for the severed and retained lots that has been 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) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading and drainage plan for the severed and retai