The Guelph Record

Committee of Adjustment

May 12, 2022

What was decided (12 motions)

9 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

That the minutes from the April 14, 2022, Regular Hearing of the Committee of Adjustment, be approved as circulated.
Moved by J. Smith, seconded by K. Meads
Carried
That minor variance application A-18/22 for 27-39 Macdonnell Street and 26-40 Carden Street, be
Moved by M. Allison, seconded by K. Meads
Deferred
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 45, Registered Plan 544, currently known as 43 Ridgeway Avenue, a parcel with frontage along Malvern Crescent of 25.3 metres, a depth of 24.7 metres, and an area of 614 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated March 7, 2022, project number 29642-22, 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 dwelling on the "severed" parcel indicating the location and design of the new dwelling. 2. That prior to the issuance of a building permit, elevation and design drawings for the new dwelling on the “severed” parcel shall be submitted to, and approved by the General Manager of Planning and Building Services. 3. That prior to the issuance of a building permit, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) for City owned trees to the satisfaction of the General Manager of Parks. The applicant shall provide compensation either in the form of Cash in Lieu or Replacement Trees, or a combination of the two at the discretion of City staff for any City trees that are removed to accommodate the development. The applicant should contact Forestry staff to confirm requirements prior to prep
Moved by K. Meads, seconded by M. Allison
Carried
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 35 and 36, Registered Plan 42, currently known as 151 Bristol Street, a parcel with frontage along Bristol Street of 12.65 metres, and an area of 509 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated March 29, 2022, project number 28200-20, 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 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 existing detached garage and existing dwelling shall be removed to the satisfaction of the Chief Building Official. 4. That prior to the issuance of a building permit, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) for City trees to the satisfaction of the General Manager of Parks. The applicant shall provide compensation either in the form of Cash in Lieu or Replacement Trees, or a combination o
Moved by J. Smith, seconded by K. Meads
Withdrawn
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 35 and 36, Registered Plan 42, currently known as 151 Bristol Street, a parcel with frontage along Bristol Street of 12.65 metres, and an area of 528 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated March 29, 2022, project number 28200-20, 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 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 existing detached garage and existing dwelling shall be removed to the satisfaction of the Chief Building Official. 4. That prior to the issuance of a building permit, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) for City trees to the satisfaction of the General Manager of Parks. The applicant shall provide compensation either in the form of Cash in Lieu or Replacement Trees, or a combination o
Moved by J. Smith, seconded by K. Meads
Withdrawn
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 4 and Section 5.1.2.6 of Zoning By-law (1995)-14864, as amended, for 151 Bristol Street, to permit a minimum lot frontage of 12.65 metres for the proposed severed parcel, when the By-law requires that a minimum lot frontage of the average lot frontage established by the existing lots within the same City block face [being 24.2 metres], but not greater than the minimum lot frontage established in Table 5.1.2 [being 15 metres], 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.
Moved by J. Smith, seconded by K. Meads
Carried
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 4 and Section 5.1.2.6 of Zoning By-law (1995)-14864, as amended, for 151 Bristol Street, to permit a minimum lot frontage of 12.5 metres for the proposed retained parcel, when the By-law requires that a minimum lot frontage of the average lot frontage established by the existing lots within the same City block face [being 24.2 metres], but not greater than the minimum lot frontage established in Table 5.1.2 [being 15 metres], 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.
Moved by J. Smith, seconded by K. Meads
Carried
That in the matter of an application under Section 45(2)(a)(i) of the Planning Act, R.S.O. 1990, c.P13, as amended, permission to enlarge/extend the legal non- conforming use at 431 Woolwich Street to permit the construction of a 12 square metre addition to the existing 4-dwelling unit residential building, and 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 6.5.2 Row 6 and Section 6.5.2.1 of Zoning By-law (1995)-14864, as amended, for 431 Woolwich Street, to permit a minimum side yard setback of 1.26 metres for the proposed addition, when the By-law requires that a minimum side yard of 3 metres on the abutting side of the property if the property abuts a residential zone, be approved, subject to the following condition: 1. That the requested variance applies only to the proposed front porch enclosure, in general accordance with the public notice sketch and submitted elevation plans. 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 consid
Moved by K. Meads, seconded by S. Dykstra
Carried
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 4.15.1.6.3 of Zoning By-law (1995)-14864, as amended, for 10 Ontario Street, to permit no interior access between the existing additional residential dwelling unit and the primary dwelling unit, when the By-law requires interior access between floor levels and between the additional residential dwelling unit and the primary dwelling unit, be approved, subject to the follow condition: 1. That the variance applies for a maximum time period of 3 years. Not
Moved by S. Dykstra, seconded by K. Meads
Carried
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 4.15.1.6.3 of Zoning By-law (1995)-14864, as amended, for 10 Ontario Street, to permit no interior access between the existing additional residential dwelling unit and the primary dwelling unit, when the By-law requires interior access between floor levels and between the additional residential dwelling unit and the primary dwelling unit, be approved, subject to the follow condition: 1. That the owner obtains a Building permit for the Additional Residential Dwelling Unit, and register the Additional Residential Dwelling Unit as per the Two-unit Registration By-law. 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.
Moved by J. Smith, seconded by S. Dykstra
Carried
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 Lots 21 and 22, South West Side of King Street, Part of Lot 28, and Lot 29 North East Side of Perth Street, Registered Plan 40, currently known as 273 Arthur Street North, a parcel with frontage along Arthur Street North of 15.4 metres, a depth of 34 metres, and an area of 799 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated April 7, 2022, project number 30307-21, 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 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 existing dwelling shall be removed to the satisfaction of the Chief Building Official. 4. That prior to the issuance of a building permit, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) for City trees to the satisfaction of the General Manager of Parks. The applicant shall
Moved by K. Meads, seconded by M. Allison
Carried
That this hearing of the Committee of Adjustment be adjourned. (5:11 p.m.)
Moved by J. Smith, seconded by K. Meads
Carried

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