The Guelph Record

Committee of Adjustment

April 10, 2025

What was decided (17 motions)

17 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

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 33, Registered Plan 42, currently known as 73 Yorkshire Street South, with a width of 3 metres and an area of 21.3 square metres, for the purpose of sanitary servicing in favour of the adjacent property at 71 Yorkshire Street South, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated December 9, 2024, project number 31912-22, be approved, subject to the following conditions: 1. Prior to undertaking activities which may injure or destroy City Owned Trees, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) as per the requirements of the City’s Tree Technical Manual for approval to the General Manager of Parks. Please contact Timea Filer, Forestry Technologist at 519 822 1260 x3352. 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 servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. 3. That prior to the issuance of a building permit, the Owner agrees to pay the estimated cost of all proposed works within the city’s right-of-way to the severed and retained lands to the satisfaction of the General Manager/City Engineer. The Owner further agrees to
Moved by J. Goodfellow, seconded by P. Membreño
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 Section 5.2.1(a)(i), Table 5.2 Row 1, Table 6.7, Table 5.9 Row 2, and Table 4.7.7A of Zoning By-law (2023)-20790, as amended, for 73 Yorkshire Street South, to permit: a. that one required parking space to be located a minimum distance of 0.8 metres from the street line, and to the rear of the front wall of the main building, when the By-law requires that one required parking space shall be located a minimum distance of 6 metres from the street line, and to the rear of the front wall of the main building; b. a residential interior parking space located within a garage to be a minimum of 3 metres wide and 5.9 metres in length, when the By-law requires residential interior parking spaces (located within a garage) be 3 metres wide and 6 metres in length, for a property located in the RL.1 Zone; c. a minimum exterior side yard setback of 0.8 metres for the proposed addition, when the By-law requires that for lots within the Older Built-Up Area Overlay, a minimum exterior side 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 exterior yard setback shall be 6 metres; d. a minimum exterior side yard setback of 0.8 metres for the proposed attached garage, when the By-law re
Moved by J. Goodfellow, seconded by P. Membreño
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 Table 6.3 of Zoning By-law (2023)- 20790, as amended, for 530 Whitelaw Road to permit a minimum front yard setback of 5.05 metres for the proposed addition to the front of the existing dwelling, when the By-law requires a minimum front yard setback of 6 metres, 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.
Moved by J. Goodfellow, seconded by N. Segal
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 Lots 25, 26 and 27, Registered Plan 358, currently known as 22 Prospect Avenue, a parcel of land, with frontage along Prospect Avenue of 14.4 metres, a depth of 30.1 metres, and an area of 433 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated March 7, 2025, project number 34025-24, 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 stormwater management and functional servicing report 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 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. 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 for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. 4. That p
Moved by N. Segal, seconded by J. Goodfellow
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 6.2, Table 5.9 Row 1, Section 5.11.2(a), and Table 6.3 of Zoning By-law (2023)-20790, as amended, for 22 Prospect Avenue (noted as Lands to be Severed), to permit: a. a minimum lot area of 433 square metres, when the By-law requires a minimum lot area of 460 square metres in the RL.1 Zone; b. a minimum lot frontage of 14.4 metres, when the By-law requires that for lots located with the Older Built-Up Area Overlay, the minimum lot frontage is the average of the lots within the same city block face, and nothing shall require the minimum lot frontage to be greater than the minimum lot frontage established in Table 6.2, being 15 metres; c. a maximum attached garage width of 6.5 metres for the proposed detached dwelling, when the By-law requires a maximum attached garage width for a detached dwelling in a RL.1 Zone of 6.5 metres; and d. the proposed attached garage to project a maximum of 2 metres beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, if a roofed porch is proposed, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented to-wards the front lot line or exterior side lot line abutting a street line, and where a ro
Moved by N. Segal, seconded by J. Goodfellow
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 6.3 of Zoning By-law (2023)-20790, as amended, for 22 Prospect Avenue (noted as Lands to be Retained), to permit a minimum exterior side yard setback of 3 metres for the existing detached dwelling, when the By-law requires that for lots located within the Older Built-Up Area Overlay, the minimum exterior side 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 cannot be determined, the minimum exterior side yard setback shall be 6 metres, be approved, subject to the following conditions: 1. Prior to undertaking activities which may injure or destroy City Owned Trees, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) as per the requirements of the City’s Tree Technical Manual for approval to the General Manager of Parks. Please contact Timea Filer, Forestry Technologist at 519 822 1260 x3352. 2. That consent application file B-16/25 receive 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 appli
Moved by N. Segal, seconded by J. Goodfellow
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 Lot 48 and Part of Lot 49, S/W Side of Duke Street; and Part of Allowance for Drain; Plan 161, currently known as 91 Duke Street, a parcel of land (noted as Proposed Severed Parcel 1), with frontage along Duke Street of 7.3 metres, a depth of 40.4 metres, and an area of 296 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated March 7, 2025, project number 32544-24, be approved, subject to the following conditions: 1. That the applicant satisfy the Special Policy Area policies and criteria to the satisfaction of the General Manager of Planning and Building and the GRCA. 2. Prior to undertaking activities which may injure or destroy City Owned Trees, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) as per the requirements of the City’s Tree Technical Manual for approval to the General Manager of Parks. Please contact Timea Filer, Forestry Technologist at 519 822 1260 x3352. 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 and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to the issuance of the Certificate
Moved by N. Segal, seconded by P. Membreño
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 6.6, Table 5.9 Row 2, and Section 5.11.2(a) of Zoning By-law (2023)-20790, as amended, for 91 Duke Street (noted as Proposed Severed Parcel 1), to permit: a. a minimum lot frontage of 7.3 metres, when the By-law requires a minimum lot frontage of 7.5 metres for each semi- detached unit in the RL.2 Zone; b. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi- detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.2 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less; and c. the proposed attached garage to project a maximum of 2 metres beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, if a roofed porch is proposed, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented to-wards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, be approved, subject to the following condition: 1. That consent application files B-17/25, B
Moved by N. Segal, seconded by P. Membreño
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 5.9 Row 2, and Section 5.11.2(a) of Zoning By-law (2023)-20790, as amended, for 91 Duke Street (noted as Proposed Severed Parcel 2), to permit: a. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi- detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.2 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less; and b. the proposed attached garage to project a maximum of 2 metres beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, if a roofed porch is proposed, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented to-wards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, be approved, subject to the following condition: 1. That consent application files B-17/25, B-18/25, B-19/25, B- 20/25 and B-21/25 receive final certification of the Secretary- Treasurer and be registered on title. Reason: This application is approved, a
Moved by N. Segal, seconded by P. Membreño
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 5.9 Row 2, and Section 5.11.2(a) of Zoning By-law (2023)-20790, as amended, for 91 Duke Street (noted as Proposed Severed Parcel 4), to permit: a. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi- detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.2 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less; and b. the proposed attached garage to project a maximum of 2 metres beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, if a roofed porch is proposed, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented to-wards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, be approved, subject to the following condition: 1. That consent application files B-17/25, B-18/25, B-19/25, B- 20/25 and B-21/25 receive final certification of the Secretary- Treasurer and be registered on title. Reason: This application is approved, a
Moved by N. Segal, seconded by P. Membreño
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 5.9 Row 2, and Section 5.11.2(a) of Zoning By-law (2023)-20790, as amended, for 91 Duke Street (noted as Proposed Severed Parcel 5), to permit: a. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi- detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.2 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less; and b. the proposed attached garage to project a maximum of 2 metres beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, if a roofed porch is proposed, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented to-wards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, be approved, subject to the following condition: 1. That consent application files B-17/25, B-18/25, B-19/25, B- 20/25 and B-21/25 receive final certification of the Secretary- Treasurer and be registered on title. Reason: This application is approved, a
Moved by N. Segal, seconded by P. Membreño
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 5.9 Row 2, and Section 5.11.2(a) of Zoning By-law (2023)-20790, as amended, for 91 Duke Street (noted as Retained Parcel), to permit: a. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi- detached dwelling, when the By-law requires a maximum attached garage width for a semi-detached dwelling in a RL.2 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less; and b. the proposed attached garage to project a maximum of 2 metres beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, if a roofed porch is proposed, when the By-law requires that within residential zones, attached garages shall not project beyond the main front wall of the first storey containing habitable floor space oriented to-wards the front lot line or exterior side lot line abutting a street line, and where a roofed porch is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, be approved, subject to the following condition: 1. That consent application files B-17/25, B-18/25, B-19/25, B- 20/25 and B-21/25 receive final certification of the Secretary- Treasurer and be registered on title. Reason: This application is approved, as it is th
Moved by N. Segal, seconded by P. Membreño
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 156 and 157, Plan 293, Parts 1, 2 and 3, Plan 61R-21877, currently known as 165, 165A and 167 Alice Street, a parcel of land (noted as Proposed Severed Parcel 1), with frontage along Alice Street of 8.6 metres, a depth of 30.5 metres, and an area of 268 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated March 11, 2025, project number 33793-24, 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 stormwater management and functional servicing report 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 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. 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 for the severed and retained lands that has been prepared in acc
Moved by P. Membreño, seconded by J. Goodfellow
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 6.11, Table 6.12, Table 6.13, Table 5.3 Row 18 and Table 5.10 Row 3 of Zoning By-law (2023)- 20790, as amended, for 165, 165A and 167 Alice Street (noted as Lands to be Severed 1), to permit: a. a minimum front yard setback of 6 metres for the proposed on- street townhouse, when the By-law requires a minimum front yard setback of 6 metres for an on-street townhouse; b. a minimum exterior side yard setback of 4.5 metres for the proposed on-street townhouse, when the By-law requires a minimum exterior side yard setback of 4.5 metres for an on- street townhouse; c. a maximum building height of 3 storeys, when the By-law requires a maximum building height of 3 storeys; d. a maximum of 8 dwelling units in a row, when the By-law requires a maximum of 8 dwelling units in a row; e. a maximum elevation of the principle entrance to be 1.5 metres measured from the front lot line elevation, when the By-law requires a maximum elevation of principle entrance to be 1.5 metres measured from the front lot line elevation; f. a minimum of 1 parking space per dwelling unit for the proposed on-street townhouse, when the By-law requires a minimum of 1 parking space per dwelling unit for an on-street townhouse; and g. a maximum driveway width of 65 percent of the lot frontage or 5 metres, whichever is less, for the proposed on-street townhouse, when
Moved by P. Membreño, seconded by J. Goodfellow
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 Lot 36, Plan 61M-236, currently known as 18 Ryder Avenue, a parcel of land, with frontage along Ryder Avenue of 12.4 metres, a depth of 32 metres, and an area of 397 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated March 10, 2025, project number 21126-12, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, a plan must be submitted to, and approved by the General Manager of Planning and Building Services for the new dwellings indicating the location and design of the new dwellings. 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 that has been prepared in accordance with the approved subdivision plan and 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 for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to issuance of a building permit, the owner(s) designs the new dwelling at such an elevation that
Moved by J. Goodfellow, seconded by P. Membreño
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 Lot 54, Plan 61M-236, currently known as 27 Lovett Lane, a parcel of land, with frontage along Lovett Lane of 9 metres, a depth of 32 metres, and an area of 288 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated March 10, 2025, project number 21126-12, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, a plan must be submitted to, and approved by the General Manager of Planning and Building Services for the new dwellings indicating the location and design of the new dwellings. 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 that has been prepared in accordance with the approved subdivision plan and 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 for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to issuance of a building permit, the owner(s) designs the new dwelling at such an elevation that the
Moved by J. Goodfellow, seconded by N. Segal
Carried
That this hearing of the Committee of Adjustment be adjourned (5:16 p.m.).
Moved by J. Goodfellow, seconded by P. Membreño
Carried

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