Committee of Adjustment

That the minutes from the October 12, 2023 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 for long-term lease in excess of 21 years for part of Block 'K', Registered Plan 649, currently known as 601 Scottsdale Drive, a parcel with an area of 10,000 square metres (Lands to be Leased 1), and consent Committee of Adjustment Minutes: November 9, 2023 - 2 for long-term lease in excess of 21 years for part of Block 'K', Registered Plan 649, currently known as 601 Scottsdale Drive, a parcel with an area of 12,000 square metres (Lands to be Leased 2), substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated April 28, 2023, project number 30034-21, 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, depo

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 4.20.12 of Zoning By-law (1995)-14864, as amended, for 385B Starwood Drive, to permit the existing fence located in the rear yard to have a maximum height of 3.7 metres, when the By-law requires that within any residential zone, any fence located in the rear yard shall not exceed 2.5 metres in height, and a variance from the requirements of Section 4.16.3 d) of Zoning By-law (2023)-20790, as amended, for 385B Starwood Drive, to permit the existing fence located in the rear yard to have a maximum height of 3.7 metres, when the By-law requires the maximum height of a fence located in the rear yard is 2.5 metres in height, be approved. Reason: Committee of Adjustment Minutes: November 9, 2023 - 4 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 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for the following permanent easement over Part of Lot 5, North Side of Paisley Street, Registered Plan 29, currently known as 225 Paisley Street, with a width of 0.6 metres and an area of 17.1 square metres for the purposes of access and parking, in favour of the adjacent property at 229 Paisley Street, substantially in accordance with reference plan 61-22258, deposited July 12, 2022, 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 Committee of Adjustment Minutes: November 9, 2023 - 5 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 parcels, any easements/rights-of-way and building l

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 5.2 Row 8 and Table 5.1.2 Row 7 of Zoning By-law (1995)-14864, as amended, for 31 Margaret Street, to permit: a. a minimum rear yard setback of 0.96 metres for the proposed addition to the existing single detached dwelling, when the By- law requires a minimum rear yard of 7.5 metres or 20% of the lot depth, whichever is less; and b. a minimum setback from the interior side lot line of 1.288 metres for the proposed second floor balcony, when the By-law requires a minimum side yard setback of 1.5 metres and variances from the requirements of Table 6.3 and Table 4.7.2 of Zoning By-law (2023)-20790, as amended, for 31 Margaret Street, to permit: a. a minimum rear yard setback of 0.96 metres for the proposed addition to the existing single detached dwelling, when the By- law requires a minimum rear yard of 7.5 metres or 20% of the lot depth, whichever is less; and b. a minimum setback from the interior side lot line of 1.288 metres for the proposed second floor balcony, when the By-law requires that a balcony (applicable to floors above main floor/entry level) has a minimum setback from a lot line of 2 metres, be approved. Committee of Adjustment Minutes: November 9, 2023 - 7 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.

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 4.5.2.1 of Zoning By-law (1995)-14864, as amended, for 45 Armstrong Avenue, to permit a maximum height of 3.99 metres for the proposed detached garage in the rear yard, Committee of Adjustment Minutes: November 9, 2023 - 8 when the By-Law requires that an accessory structure shall not exceed 3.6 metres in height in a residential zone, be approved, subject to the following condition: 1. That the height of the proposed accessory structure (detached garage) be limited to a maximum height of 4 metres. 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.

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 Unnumbered Lot, Registered Plan 244, currently known as 25 Alice Street, a parcel with a frontage on Committee of Adjustment Minutes: November 9, 2023 - 9 Alice Street of 8.88 metres, and an area of 275 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated May 23, 2023, project number 31092-22, be approved, subject to the following conditions: 1. 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 that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. 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 brief for the severed and retained lands that has been prepared in accordance with the zone change conditions and 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 servicing plan that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to issua

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 4.7 Row 2 of Zoning By-law (1995)-14864, as amended, for 127 Glasgow Street North, to permit: Committee of Adjustment Minutes: November 9, 2023 - 12 a. a maximum projection into the front yard of 4 metres for the proposed front porch addition and exterior stairs, when the By- Law requires a maximum projection into the front yard of 3 metres for an uncovered porch above 1.2 metres to a maximum height not exceeding the main floor/entry level; and b. a minimum setback from the front lot line of 0.3 metres for the proposed front porch addition and exterior stairs, when the By- Law requires a minimum setback from the front yard lot line of 0.8 metres for an uncovered porch above 1.2 metres to a maximum height not exceeding the main floor/entry level, and variances from the requirements of Table 4.7.6 of Zoning By-law (2023)- 20790, as amended, for 127 Glasgow Street North, to permit: a. a maximum projection into the front yard of 4 metres for the proposed front porch addition and exterior stairs, when the By- Law requires a maximum projection into the front yard of 3 metres for an uncovered porch not more than 1.2 metres above finished grade; and b. a minimum setback from the front lot line of 0.3 metres for the proposed front porch addition and exterior stairs, when the By- Law requires a 0.8 metre setback from the front lot line f

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 4.13.7.2.1 of Zoning By-law (1995)-14864, as amended, for 27 Vardon Drive, to permit a maximum driveway width of 11 metres for the proposed driveway, when the By- Law requires that a driveway have a maximum width of 7.5 metres in the R.1A Zone, and variances from the requirements of Table 5.10 and Table 6.3 of Zoning By-law (2023)-20790, as amended, for 27 Vardon Street, to permit: a. a maximum driveway width of 11 metres for the proposed driveway, when the By-Law requires that the maximum driveway width for a single detached dwelling be 6.5 metres in the RL.1 Zone; and b. a maximum front yard of 16.6 metres for the proposed new residential dwelling, when the By-Law requires that the maximum front yard be 10 metres for a single detached dwelling in the RL.1 Zone, be approved, subject to the following conditions: 1. That the driveway be constructed in general accordance with the public notice sketch. 2. That prior to issuance of a building permit, the applicant makes arrangement for provision of hydro servicing to the parcel, satisfactory to the ICI and Layouts Department of Alectra Committee of Adjustment Minutes: November 9, 2023 - 14 Utilities. The servicing costs 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 conditions of approva

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 of Lot 385 , Registered Plan 8, currently known as 59 Essex Street, with a width of 3.1 Committee of Adjustment Minutes: November 9, 2023 - 15 metres and an area of 7.5 square metres, for access in favour of the adjacent property at 61 Essex Street, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated October 5, 2023, project number 32778-23, 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 parcels, any easements/rights-of-way and building locations. The submi

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 4.15.1.7.4.1 of Zoning By-law (1995)-14864, as amended, for 37 Manor Park Crescent, to permit a maximum height for the proposed accessory building (detached garage and second story additional residential dwelling unit) of 6.1 metres and to exceed the overall height of the primary dwelling, when the By-Law requires that, when an additional residential dwelling unit is located above a detached garage, the maximum total building height shall be 6.1 metres, and shall not exceed the overall building height of the primary dwelling [5.97 metres], and variances from the requirements of Table 6.3 and Table 4.7.2 of Zoning By-law (2023)-20790, as amended, for 37 Manor Park Crescent, to permit: a. a maximum height for the proposed accessory building (detached garage and second story additional residential dwelling unit) of 6.1 metres and to exceed the overall height of the primary dwelling, when the By-Law requires that when an additional residential dwelling unit is located above a detached Committee of Adjustment Minutes: November 9, 2023 - 17 garage containing a vehicle parking space, the maximum total building height is 6.1 metres, and shall not exceed the building height of the primary dwelling unit [5.97 metres]; and b. a balcony located above the main floor/entry level to have a minimum right side yard setback of 1.5 metres, whe