Committee of Adjustment

That the minutes from the January 16, 2025 Regular Hearing of the Committee of Adjustment, be approved as circulated.

That consent application file B-1/25 for 68-76 Wyndham Street South, be

That minor variance application files A-2/25 and A-3/25 for 68-76 Wyndham Street South, be

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 5.9(a) and (b), and Table 6.3 of Zoning By-law (2023)-20790, as amended, for 39 Hayes Avenue, to permit: a. 0 electric vehicle parking spaces, when the By-law requires a minimum of 20% of the total required parking spaces for multi- unit buildings with 3 or more dwelling units and mixed use buildings on lots identified with a (PA) suffix shall be provided as electric vehicle parking spaces; b. 0 designed electric vehicle parking spaces, when the By-law requires a minimum of 80% of total required parking spaces for multi-unit buildings with 3 or more dwelling units, townhouse – cluster, stacked, stacked back-to-back, and mixed-use buildings shall be provided as designed electric vehicle parking spaces; c. a minimum interior yard setback of 1.2 metres for the proposed triplex, when the By-law requires a minimum interior yard setback of 1.2 metres; and d. a minimum exterior yard setback of 3 metres for the proposed triplex, when the By-law requires that for lots within the Older Built-Up Area Overlay, the minimum exterior side yard setback is 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 setback shall be 6 metres, be approved, subject to the following conditions: 1. That prior 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 Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 1), with frontage along Edinburgh Road South of 10.23 metres, a depth of 48.77 metres, and an area of 498 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer. 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

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 Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 3), with frontage along Edinburgh Road South of 8.33 metres, a depth of 48.77 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer. 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

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 Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 4), with frontage along Edinburgh Road South of 8.33 metres, a depth of 48.77 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer. 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

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 Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 5), with frontage along Edinburgh Road South of 8.33 metres, a depth of 48.77 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer. 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

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 Block A, Plan 620 and Part Lot 4, Concession 3, Division 'G', currently known as 302 and 306 Edinburgh Road South, a parcel of land (noted as Severed Parcel 6), with frontage along Edinburgh Road South of 8.33 metres, a depth of 48.77 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 24, 2025, project number 33820-24, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a 3.048m road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer. 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

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 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South, 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.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less; b. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi- detached dwelling, when the By-law requires a maximum residential driveway width for a semi-detached dwelling in a RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less; c. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres, 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 floo

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 5, South of Mitchell Street and North of Perth Street, Part lot 6, Northeast side of Perth Street and South Side of Mitchell Street, Plan 99, and Parts 2 and 3 of Plan 61R-2011, currently known as 8 Mitchell Street, a parcel of land with frontage along Mitchell Street of 7.9 metres and frontage along Arthur Street North of 8.4 metres, and an area of 448 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 9, 2025, project number 33222-24, 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/Ci

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 easements over Lot 5, South of Mitchell Street and North of Perth Street, Part lot 6, Northeast side of Perth Street and South Side of Mitchell Street, Plan 99, and Parts 2 and 3 of Plan 61R-2011 currently known as 8 Mitchell Street, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated January 9, 2025, project number 33222-24: a. severance of a parcel of land with frontage along Mitchell Street of 8.3 metres and frontage along Arthur Street North of 8.3 metres, and an area of 465 square metres; b. creation of a 27 square meter easement for parking and access over a portion of the proposed severed parcel in favour of proposed severed parcels 1, 3 and 4; and c. creation of a 27 square meter easement for a shared walkway over a portion of the proposed severed parcel in favour of proposed severed parcels 1, 3 and 4, 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 t

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 Table 10.3 and Section 5.4 of Zoning By- law (2023)-20790, as amended, for 25 Fair Road, to permit: a. a maximum front yard setback of 41.07 metres for the proposed addition to the existing industrial building, when the By-law requires a maximum front yard setback of 25 metres in the Industrial (B) zone; b. loading spaces to be located to the front of the front wall of the proposed addition to the existing industrial building, when the By-law requires that all loading spaces shall be located to the rear of the front wall of the building or the rear of an exterior side wall of a building facing a public street, 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.

That a full refund ($1,010) of the deferral fee for consent file A-90/24 (493 Victoria Road North) be refused.

That this hearing of the Committee of Adjustment be adjourned. (5:53 p.m.)