Committee of Adjustment

That in accordance with Section 44(7) of the Planning Act, R.S.O. 1990, c. P.13, D. Kendrick be elected the 2022 Chair for the City of Guelph Committee of Adjustment.

That in accordance with Section 44(7) of the Planning Act, R.S.O. 1990, c. P.13, J. Smith be elected the 2022 Vice Chair for the City of Guelph Committee of Adjustment.

That the minutes from the December 9, 2021 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 severance and easement over Registered Plan 131 Part of Lot 1, East of the Blind Line, and Part 2 of Plan 61R-21422, currently known as 745 Stone Road East, substantially in accordance with a sketch prepared by BSR&D Limited dated December 13, 2021, project number 21-14-373-00: 1. the severance of a parcel of land (shown as Parts 2 and 3 on the attached plan) at the rear of 745 Stone Road East with an area of Committee of Adjustment Minutes: January 13, 2022 - 3 1,375 square metres as a lot addition to the abutting property known as 755 Stone Road East (shown as Part 4 on the attached plan); and 2. the creation of a 792.5 square metre drainage easement (shown as Part 2 on the attached plan) in favour of 745 Stone Road East, 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 t

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 11.2.3.4 of Zoning By-law (1995)-14864, as amended, for 745 Stone Road East, to permit a minimum rear yard setback of 1.19 metres for the existing accessory buildings, when the By-law requires that no accessory building or structure shall be located closer to any lot line than one-half building height [the height of building 7 is 4.5 metres; the height of building 6 is 3 metres] or 7.5 metres, whichever is greater, be approved, subject to the following condition: Committee of Adjustment Minutes: January 13, 2022 - 5 1. That the variance only apply to the existing accessory buildings in accordance with the Public Notice sketch. Reasons: This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act. Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

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 Lot 6 and Part of Lot 5, Registered Plan 6, currently known as 70 Lowes Road, a parcel with frontage along Dawn Avenue of 20.1 metres, a depth of 35 metres, and an area of 702.7 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated July 23, 2021, project number 26784-19, be approved, subject to the following conditions: 1. That a plan shall be submitted to, and approved by the General Manager of Planning and Building Services, prior to the issuance of a building permit for the new dwellings on the “severed” and “retained” 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” and “retained” parcels shall be submitted to, and approved by the General Manager of Planning and Building Services. 3. That prior to the issuance of the Certificate of Official, the following requirement shall be included in a development agreement: all Committee of Adjustment Minutes: January 13, 2022 - 7 construction dewatering for the proposed new homes must be restricted to between August 1 and October 15 of any given year. 4. That prior to the issuance of the Certificate of Official, the existing house shall be demolished to the satisfaction of the Chief Building Official. 5. That prior to t

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 Lot 6 and Part of Lot 5, Registered Plan 6, currently known as 70 Lowes Road, a parcel with frontage along Dawn Avenue of 19.5 metres, a depth of 35 metres, and an area of 694.1 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated July 23, 2021, project number 26784-19, be approved, subject to the following conditions: 1. That a plan shall be submitted to, and approved by the General Manager of Planning and Building Services, prior to the issuance of a building permit for the new dwellings on the “severed” and “retained” parcels indicating the location and design of the new dwellings. Committee of Adjustment Minutes: January 13, 2022 - 11 2. That prior to the issuance of a building permit, elevation and design drawings for the new dwellings on the “severed” and “retained” parcels shall be submitted to, and approved by the General Manager of Planning and Building Services. 3. That prior to the issuance of the Certificate of Official, the following requirement shall be included in a development agreement: all construction dewatering for the proposed new homes must be restricted to between August 1 and October 15 of any given year. 4. That prior to the issuance of the Certificate of Official, the existing house shall be demolished to the satisfaction of the Chief Building Official. 5. That prior to

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 8 of Zoning By-law (1995)-14864, as amended, for 30 Brown Street, to permit a minimum rear yard setback of 5.1 metres for the proposed single-storey addition to the rear of the existing dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres or 20 percent of the lot depth [being 6.5 metres], whichever is less, be approved, subject to the following conditions: 1. That the requested variance applies only to the proposed one- storey building addition, in general accordance with the public notice sketch. 2. That wood privacy screening be required along the northerly and westerly side of the covered and uncovered deck. Not

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 8 of Zoning By-law (1995)-14864, as amended, for 30 Brown Street, to permit a minimum rear yard setback of 5.1 metres for the proposed single-storey addition to the rear of the existing dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres or 20 percent of the lot depth [being 6.5 metres], whichever is less, be approved, subject to the following condition: Committee of Adjustment Minutes: January 13, 2022 - 16 1. That the requested variance applies only to the proposed one- storey building addition, in general accordance with the public notice sketch. Reasons: This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act. Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

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 6.4.3.1.27.1 of Zoning By-law (1995)-14864, as amended, for 727 Woolwich Street, to permit a personal service establishment (aesthetic services) as an additional permitted use Committee of Adjustment Minutes: January 13, 2022 - 17 on the subject property, when the By-law permits a variety of uses in the SC.1-27 Zone, but does not permit a personal service establishment, 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.

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 216 Elizabeth Street, to permit a minimum 0.74 metre right side yard setback for the proposed one-storey building addition, when the By-law requires minimum side yard setback of 1.5 metres for 1 to 2 storey dwellings in a R.1B Zone, be approved, subject to the following conditions: 1. That the right side yard setback of 0.74 metres applies only to the proposed one-storey building addition, in general accordance with the public notice sketch. 2. That prior to the issuance of a building permit, the Owner(s) shall enter into an Infill Adjacent Development Agreement with Metrolinx. 3. That prior to the issuance of a building permit, the Owner(s) shall grant Metrolinx an environmental easement for operational emissions, and this easement shall be registered on title of the subject property. 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 int

That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consents for long-term leases in excess of 21 years for over Part of Lot 1, Division E, Concession 1, currently known as 715 Wellington Street West, substantially in accordance with a sketch prepared by BSR&D Limited dated December 9, 2021, project number 21-14-622-00: 1. consent for a long-term lease in excess of 21 years for the existing Tim Horton’s building and drive through (shown as Part 2 on the attached sketch) comprising an area of 509.6 square metres; and 2. consent for a long-term lease in excess of 21 years for the existing Pioneer gas bar with canopy and kiosk (shown as Part 1 on the attached sketch) comprising an area of 1,339.5 square metres, 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. Committee of Adjustment Mi

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 6.4.3.2.4.1 of Zoning By-law (1995)-14864, as amended, for 192 Nicklin Road, to permit a commercial school (dance studio) as an additional permitted use, when the By-law permits a variety of uses in the SC.2-4 Zone, but does not permit a commercial school, be approved, subject to the following condition: 1. That prior to the issuance of any building permit(s) or business license, the applicant shall demarcate a minimum of 7 off-street parking spaces, including one (1) signed barrier-free parking space, to the satisfaction of the General Manager of Planning and Building Services. 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.

That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Sections 8.1.1 and 4.13.1 of Zoning By-law (1995)-14864, as amended, for 180 Clair Road West, 1. to permit the use of a temporary parking area on the subject property until the recreational centre has completed construction and parking for Bishop MacDonell Catholic High School is no longer required, when the By-law permits a variety of uses in the I.1 Zone, but does not permit a parking area as a stand-alone use; and 2. to permit an off-street parking area to be located on a different lot as the use requiring the parking, when they By-law requires that every off-street parking area shall be located on the same lot as the use requiring the parking and shall not infringe on or obstruct any required loading spaces, be approved, subject to the following conditions: 1. That a site plan application for the paved parking area be submitted to the City and approved. 2. That the temporary paved parking lot be permitted for a maximum of four (4) years from the date of execution of an off-site parking agreement. 3. That the owner (The Roman Catholic Episcopal Corporation of the Diocese of Hamilton in Ontario), school board (Wellington Catholic District School Board), and City enter into an off-site parking agreement, registered on title of the property, including provisions Committee of Adjustment Minutes: January 13, 2022 - 23 for, but not limi

Committee of Adjustment Minutes: January 13, 2022 - 24 That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 5.1.2 Row 6a, Section 5.1.2.7 i) and Table 4.7 Row 3 of Zoning By-law (1995)-14864, as amended, for 37 Margaret Street, to permit: 1. a minimum exterior side yard setback of 1.97 metres for the proposed two storey addition to the rear of the existing dwelling, when the By-law requires that for dwellings located with Defined Area Map Number 66 of Schedule “A’ ofthe Zoning By-law, a minimum exterior side yard setback of 6 metres or the average of the setbacks of the adjacent properties; and 2. a minimum exterior side yard setback of 1.43 metres for the proposed covered rear porch, when the By-law requires that an open, roof porch not exceeding 1 storey in height to have a minimum exterior side yard setback of 2 metres, be approved, subject to the following condition: 1. That the requested variances apply only to the proposed two- storey dwelling with open roofed porch addition, in general accordance with the public notice sketch. Reasons: This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act. Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all ora

That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Sections 6.1.1 and 4.13.4.2 of Zoning By-law (1995)-14864, as amended, for 563 Woolwich Street, to permit: 1. an office as an additional permitted use on the subject property, when the By-law permits a variety of uses in the C.1 Zone, but does not permit an office use; and 2. a minimum of 3 off-street parking spaces for the office use, when the By-law requires 1 parking space per 33 square metres of gross Committee of Adjustment Minutes: January 13, 2022 - 26 floor area for an office and 1 parking space per apartment unit [total of 7 parking spaces required], be refused. Reasons: This minor variance application is refused, as it is the opinion of the Committee that this application does not meet all four tests under Section 45(1) of the Planning Act, specifically being that the requested variance does not conform to the general intent and purpose of the Official Plan, and does not meet the general intent and purpose of the Zoning By-law, as outlined in the staff comments document. 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 deliberation

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 Lot 8, Registered Plan 593, currently known as 85 Willow Road, a parcel with an area of 1,325 square metres, as a lot addition to be merged with the severed parcel created via file B-3/22 in order to create a new residential lot with a frontage along Parkwood Road of 67.1 metres and an area of 2,720 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated December 17, 2021, project number 28904-20, be approved, subject to the following conditions: 1. That prior to issuance of a building permit, the owner make satisfactory arrangements with the ICI & Layouts Department of Alectra Utilities for the servicing of the three newly created lots. This condition is included to ensure adequate arrangements have been made to service the severed parcels and appropriate financial securities are in place. Please contact ICI & Layouts Department to remove existing service servicing the existing lot. 2. 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. 3. 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

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 Lot 8, Registered Plan 593, currently known as 89 Willow Road, a parcel with an area of 1,395 square metres, as a lot addition to be merged with the severed parcel created via file B-2/22 in order to create a new residential lot with a frontage along Parkwood Road of 67.1 metres and an area of 2,720 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated December 17, 2021, project number 28904-20, be approved, subject to the following conditions: 1. That prior to issuance of a building permit, the owner make satisfactory arrangements with the ICI & Layouts Department of Alectra Utilities for the servicing of the three newly created lots. This condition is included to ensure adequate arrangements have Committee of Adjustment Minutes: January 13, 2022 - 29 been made to service the severed parcels and appropriate financial securities are in place. Please contact ICI & Layouts Department to remove existing service servicing the existing lot. 2. 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. 3. 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

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 easements over Lots 8 and 9, Registered Plan 556, and Parts 3, 4, 5, 6, and 7, Reference Plan 61R-8663, currently known as 20 Shelldale Crescent, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated December 17, 2021, project number 28904-20: 1. Creation of a 1,388.22 square metre easement (proposed Parts 4, 5, 6, 7, 8 and 13) over a portion of 20 Shelldale Crescent for vehicular access, pedestrian access, sanitary and domestic water servicing in favour of the proposed severed parcels created via files B-2/22 and B-3/22 (proposed Parts 14 and 17); and 2. Creation of a 45.92 square metre easement (proposed Parts 1, 2 and 3) over a portion of 20 Shelldale Crescent for a storm sewer in favour of the proposed severed parcels created via files B-2/22 and B-3/22 (proposed Parts 14 and 17), be approved, subject to the following conditions: 1. That prior to issuance of a building permit, the owner make satisfactory arrangements with the ICI & Layouts Department of Alectra Utilities for the servicing of the three newly created lots. This condition is included to ensure adequate arrangements have been made to service the severed parcels and appropriate financial securities are in place. Please contact ICI & Layouts Department to remove existing service servicing the existing lot. 2. That all required fees and char