Committee of Adjustment

That the minutes from the August 10, 2023 Regular Hearing of the Committee of Adjustment, be approved as circulated.

That a full refund ($423.00) of the deferral fee for minor variance file A-34/23 (204 Alma Street North) be approved.

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 4.15.1.7.8 of Zoning By-law (1995)-14864, as amended, for 204 Alma Street North, to permit a minimum left side yard setback of 0.54 metres for the proposed additional residential dwelling unit within a separate building on the lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum side and rear yard setback consistent with the side yard setback for the primary dwelling [1.5 metres], and a variance from the requirements of Section 4.12.1(d)(vii) of Zoning By-law (2023)-20790, as amended, for 204 Alma Street North, to permit a minimum left side yard setback of 0.54 metres for the proposed additional residential dwelling unit within a separate building on the lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum interior side yard and rear yard setback consistent with the interior side yard setback for the primary dwelling unit [1.5 metres] in the RL.1 Zone, be approved, subject to the following conditions: 1. That the height of the ARDU not exceed the height of the existing main dwelling on the property. 2. That an Access and Maintenance Agreement be registered on title of the neighbouring property (202 Alma St N) to the satisfaction of the Chief Building Official. The agreement shal

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 4.15.1.7.8 of Zoning By-law (1995)-14864, as amended, for 239 Liverpool Street, to permit a minimum left side yard setback of 0.65 metres for the proposed additional residential dwelling unit (ARDU) within a separate building on the lot, when the By- law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum side and rear yard setback consistent with the setback requirements for the primary dwelling [1.5 metres], and a variance from the requirements of Section 4.12.1(d)(vii) of Zoning By-law (2023)-20790, as amended, for 239 Liverpool Street, to permit a minimum left side yard setback of 0.65 metres for the proposed additional residential dwelling unit (ARDU) within a separate building on the lot when the By-law requires that an additional residential dwelling unit, within a separate building on a lot shall have a minimum interior side yard and rear yard setback consistent with the required interior side yard setback Committee of Adjustment Minutes: September 14, 2023 - 4 for the primary dwelling unit [1.5 metres] in the RL.1 Zone, be approved, subject to the following condition: 1. That the owner directs all downspouts to discharge at least 0.3m from any adjacent property. Reason: This application is approved, as it is the opinion of the Committee that, with the above note

Committee of Adjustment Minutes: September 14, 2023 - 5 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 4.20.9 of Zoning By-law (1995)-14864, as amended, for 10 Eleanor Court, to permit a proposed fence with a maximum height of 1.9 metres in the front yard, located from the front face of the main building (not the midpoint) to the front lot line of the property, and located outside of the sight line triangle for the subject property, when the By-law requires that within a residential zone, a fence located in the front yard shall not exceed 0.8 metres in height, and a variance from the requirements of Section 4.16.3(a)(i) of Zoning By-law (2023)-20790, as amended, for 10 Eleanor Court, to permit a proposed fence with a maximum height of 1.9 metres in the front yard, located from the front face of the main building (not the midpoint) to the front lot line of the property, and located outside of the sight line triangle for the subject property, when the By-law requires that on a residential property located on a corner lot, and where the principal entrance of a single-detached or semi- detached dwelling faces the exterior side lot line, a fence located in the front yard shall not exceed 1.9 metres in height from the midpoint of the main building to the interior side lot line when located up to 0 metres of a front lot line, be approved, subject to the following condition: 1.

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 55 Menzie Avenue, to permit a minimum right side yard setback of 0.87 metres for the proposed second storey addition to the rear of the existing dwelling, when the By-law requires a minimum interior side yard of 1.2 metres for a 1 to 2 storey building located in the R.1C-3 Zone, and a variance from the requirements of Table 6.3 of Zoning By-law (2023)- 20790, as amended, for 55 Menzie Avenue, to permit a minimum right side yard setback of 0.87 metres for the proposed second storey addition to the rear of the existing dwelling, when the By-law requires a minimum interior side yard setback of 1.2 metres on one side of the dwelling unit, and 0.6 metres on the other side, for a property located in the RL.2 Zone, be approved, subject to the following condition: 1. That prior to issuance of a building permit, the applicant make arrangements with the ICI and Layouts Department of Alectra Utilities for the possible relocation of the existing overhead 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

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 4.13.2.1 of Zoning By-law (1995)-14864, as amended, for 32 Norwich Street West, to permit a parking space to be located a minimum of 1.4 metres from the street line, and to the front of the front wall of the main dwelling, when the By-law requires that every required parking space be located a minimum distance of 6 metres from the street line, and to the rear of the front wall of the main building, in the R.1B Zone, and a variance from the requirements of Section 5.2.1(a)(i) of Zoning By-law (2023)- 20790, as amended, for 32 Norwich Street West, to permit a parking space to be located a minimum of 1.4 metres from the street line, and to the front of the front wall of the main dwelling, when the By-law requires that for a semi-detached dwelling, one required parking space shall be located a minimum distance of 6 Committee of Adjustment Minutes: September 14, 2023 - 8 metres from the street line, and to the rear of the front wall of the main building, be approved, subject to the following conditions: 1. That prior to start of any work on site, the Owner(s) obtain an entrance permit for the new proposed driveway, to the satisfaction of the General Manager/City Engineer. 2. That prior to issuance of Entrance Permit, the Owner(s) obtain a Licensing Agreement from the City’s Realty Services department, to the satisfaction of 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, a variance from the requirements of Table 5.1.2 Row 8 of Zoning By-law (1995)-14864, as amended, for 10 Graham Street, to permit a minimum rear yard setback of 3.24 metres for the proposed attached garage, when the By-law requires that the minimum rear yard setback be 7.5 metres, or 20% of the lot depth [6.09 metres], whichever is less, for a property located in the R.1B Zone, and a variance from the requirements of Table 6.3 of Zoning By-law (2023)- 20790, as amended, for 10 Graham Street, to permit a minimum rear yard setback of 3.24 metres for the proposed attached garage, when the By-law requires that the minimum rear yard setback be 7.5 metres, or 20% of the lot depth [6.09 metres], whichever is less, for a property located in the RL.1 Zone, be approved, subject to the following conditions: 1. That the variance only apply to the rear yard as shown in the public notice sketch. 2. That prior to the issuance of a building permit, a Stormwater Management Brief be prepared and submitted, to the satisfaction of the General Manager/City Engineer, to ensure Committee of Adjustment Minutes: September 14, 2023 - 10 that stormwater is maintained and does not impact adjacent properties. Reason: This application is approved, as it is the opinion of the Committee that, subject to the above noted conditions, this application meets all four tests under Section 45(1) of the Plann

Committee of Adjustment Minutes: September 14, 2023 - 11 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 4.13.4.3 of Zoning By-law (1995)-14864, as amended, for 236 Gordon Street, to permit a minimum of 29 parking spaces for the existing apartment building located on the subject property, when the By-law requires that for the first 20 dwelling units, a minimum of 1.5 parking spaces per dwelling unit is required, and for each dwelling unit in excess of 20, a minimum of 1.25 spaces per dwelling unit is required, and a variance from the requirements of Table 5.3 of Zoning By-law (2023)-20790, as amended, for 236 Gordon Street, to permit a minimum of 29 parking spaces for the existing apartment building located on the subject property, when the By-law requires a minimum of 1.5 parking spaces per dwelling unit, for the first 20 dwelling units, and for each dwelling unit in excess of 20, a minimum of 1.25 spaces per dwelling unit is required, and a minimum of 20 percent of the required parking spaces shall be for the use of visitor parking, and as the existing parking is legal non-complying and no changes are being made to the site, the additional unit will require an additional 2 parking spaces [total of 31 parking spaces required], be approved. Reason: This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section

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 bakery use at 535 Woolwich Street into the 40 square metre neighbouring unit within the existing 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 Section 4.13.4.2 of Zoning By-law (1995)-14864, as amended, for 535 Woolwich Street, to permit a minimum of 5 parking spaces on the subject property, when the By-law requires 1 parking space per 16.5 square metres of gross floor area for the legal non- complying bakery use [total of 12 spaces required], 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 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Part of Lot 17 and Lot 18, Plan 399, currently known as 37 McCrae Avenue, a parcel with frontage on James Street West of 17.7 metres, and an area of 461 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 11, 2023, project number 32650-23, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official or removal/injury of any City-owned trees (whichever occurs first), the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) for any City-owned trees that may be impacted by the proposed development to the satisfaction of the General Manager of Parks. If any City-owned trees are to be removed/injured to accommodate the development, 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. The applicant must contact Forestry staff to confirm requirements prior to preparing the TIPP. Committee of Adjustment Minutes: September 14, 2023 - 14 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 grading and drainage plan for the severed and retained lands. The grading/drainage plan must be designed in accordance wit

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 37 McCrae Boulevard, to permit a minimum rear yard setback of 2.0 metres for the existing residential dwelling located on the proposed retained lot, when the By-law requires that the minimum rear yard setback be 7.5 metres, or 20% of the lot depth [5.2 metres], whichever is less, for a property located in the R.1B Zone, and a variance from the requirements of Table 6.3 of Zoning By-law (2023)-20790, as amended, for 37 McCrae Boulevard, to permit a minimum rear yard setback of 2.0 metres for the existing residential dwelling located on the proposed retained lot, when the By-law requires the Committee of Adjustment Minutes: September 14, 2023 - 18 minimum rear yard setback be 7.5 metres, or 20% of the lot depth [5.2 metres], whichever is less, for a property located in the RL.1 Zone be approved, subject to the following condition: 1. That consent application file B-12/23 receives final certification of the Secretary-Treasurer and be registered on title. 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 decisi

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 1, Concession 4, Division 'G', currently known as 300 Water Street, a parcel with frontage on Water Street of 24.5 metres, and an area of 412 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 29, 2023, project number 32675-23, labelled as Lands to be Severed 1, be approved, subject to the following conditions: 1. That prior to issuance of building permit, the Owner/Developer shall demonstrate to the satisfaction of the General Manager of Planning and Building Services a commitment to incorporate features into the development that will implement recommendations of the City’s Community Energy Initiative (CEI) and the overall goal of becoming a net zero carbon community by 2050. 2. That prior the issuance of the Certificate of Official, and prior to any grading, tree removal or construction on the site, the Owner/Developer shall obtain a valid Permit to Destroy or Injure Tree(s) and/or complete an updated Tree Inventory and Preservation Plan and Vegetation Compensation Plan, satisfactory to the General Manager of Planning Services and in accordance with the City of Guelph Private Tree Protection By- law (2010)- 19058. 3. That prior to issuance of building permit, the Owner/Developer shall provide details with respect to: a. verification and confirmation of high groundwater lev

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 1, Concession 4, Division 'G', currently known as 300 Water Street, a parcel with frontage on Water Street of 6.9 metres, and an area of 191 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 29, 2023, project number 32675-23, labelled as Lands to be Severed 2, be approved, subject to the following conditions: 1. That prior to issuance of building permit, the Owner/Developer shall demonstrate to the satisfaction of the General Manager of Planning and Building Services a commitment to incorporate features into the development that will implement recommendations of the City’s Community Energy Initiative (CEI) and the overall goal of becoming a net zero carbon community by 2050. Committee of Adjustment Minutes: September 14, 2023 - 26 2. That prior the issuance of the Certificate of Official, and prior to any grading, tree removal or construction on the site, the Owner/Developer shall obtain a valid Permit to Destroy or Injure Tree(s) and/or complete an updated Tree Inventory and Preservation Plan and Vegetation Compensation Plan, satisfactory to the General Manager of Planning Services and in accordance with the City of Guelph Private Tree Protection By- law (2010)- 19058. 3. That prior to issuance of building permit, the Owner/Developer shall provide details with respect to:

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 1, Concession 4, Division 'G', currently known as 300 Water Street, a parcel with frontage on Water Street of 6.9 metres, and an area of 193 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 29, 2023, project number 32675-23, labelled as Lands to be Severed 3, be approved, subject to the following conditions: 1. That prior to issuance of building permit, the Owner/Developer shall demonstrate to the satisfaction of the General Manager of Planning and Building Services a commitment to incorporate features into the development that will implement recommendations of the City’s Community Energy Initiative (CEI) and the overall goal of becoming a net zero carbon community by 2050. 2. That prior the issuance of the Certificate of Official, and prior to any grading, tree removal or construction on the site, the Owner/Developer shall obtain a valid Permit to Destroy or Injure Tree(s) and/or complete an updated Tree Inventory and Preservation Plan and Vegetation Compensation Plan, satisfactory to the General Manager of Planning Services and in accordance with the City of Guelph Private Tree Protection By- law (2010)- 19058. 3. That prior to issuance of building permit, the Owner/Developer shall provide details with respect to: a. verification and confirmation of high groundwater leve

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 1, Concession 4, Division 'G', currently known as 300 Water Street, a parcel with frontage on Water Street of 11.4 metres, and an area of 331 square metres, and consent to create an easement over Part of Lot 1, Concession 4, Division 'G', currently known as 300 Water Street, with a revised width of 4.5 metres and a revised area of 126 square metres over a portion of the severed parcel for sanitary servicing, in favour of the retained lands, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 29, 2023, project number 32675-23, labelled as Lands to be Severed 6, be approved, subject to the following conditions: 1. That prior to issuance of building permit, the Owner/Developer shall demonstrate to the satisfaction of the General Manager of Planning and Building Services a commitment to incorporate features into the development that will implement Committee of Adjustment Minutes: September 14, 2023 - 52 recommendations of the City’s Community Energy Initiative (CEI) and the overall goal of becoming a net zero carbon community by 2050. 2. That prior the issuance of the Certificate of Official, and prior to any grading, tree removal or construction on the site, the Owner/Developer shall obtain a valid Permit to Destroy or Injure Tree(s) and/or complete an updated Tree Inventory and Preservation P

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 3(1)(d)(i) and Section 5(2) of Township of Puslinch Zoning By-law Number 19/85, as amended, for 549 Watson Parkway South, to permit: a. an additional residential dwelling unit to be located in the front yard, when the By-law requires any building or structure accessory to a single dwelling to be located in an interior side yard or rear yard, provided the accessory structure is not located closer than 2 metres to any lot line; and b. an additional residential dwelling unit to be located in the Agriculture (A) Zone, when the By-law permits a variety of uses in the Agriculture (A) Zone, but does not permit an accessory building or structure for the purposes of residential habitation Committee of Adjustment Minutes: September 14, 2023 - 59 and variances from the requirements of Section 4.12.1(d)(vi) and 4.12.1(d)(vii) of Zoning By-law (2023)-20790, as amended, for 549 Watson Parkway South, to permit: a. an additional residential dwelling unit located in a separate building on the subject property to be located in the front yard, when the By-law requires that an additional residential dwelling unit (ARDU) in a separate building on a lot may occupy a yard other than a front or required exterior side yard; and b. a minimum distance of 2.9 metres between the primary dwelling unit and the proposed accessory residential dwelling unit,

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 and Sections 4.20.9 of Zoning By-law (1995)-14864, as amended, for 7 Brighton Street, to permit: a. a minimum rear yard setback of 4.27 metres for the proposed attached carport, when the By-law requires a minimum rear yard setback of 7.5 metres or 20% of the lot depth [6.0 metres], whichever is less, for a property located in the R.1B Zone; b. a proposed fence with a maximum height of 1.9 metres in the front yard, located from the front face of the main building (not the midpoint) to the front lot line of the property, and located outside of the sight line triangle for the subject property, when the By-law requires that a fence located in a front yard shall not exceed 0.8 metres in height; and c. a proposed fence with a maximum height of 2.5 metres in the interior side yard of the property, when the By-law requires that the maximum height of a fence located in the interior side yard be 1.9 metres in height, and a variance from the requirements of Table 6.3 and Sections 4.16.3(a)(i) and 4.16.3(c) of Zoning By-law (2023)-20790, as amended, for 7 Brighton Street, to permit: a. a minimum rear yard setback of 4.27 metres for the proposed attached carport, when the By-law requires a rear yard setback of 7.5 metres or 20% of the lot depth [6.0 metres] whichever is less, for a property located in the RL.1 Zone; b. a propos

That this hearing of the Committee of Adjustment be adjourned. (6:41 p.m.)