Committee of Adjustment

That the minutes from the June 27, 2024 and August 8, 2024 Regular Hearings 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 severance of Part of Lot 11, Plan 403, currently known as 10 Newstead Street, a parcel of land with frontage along Committee of Adjustment Minutes: September 26, 2024 - 2 Newstead Street of 13.5 metres, and an area of 954 square metres substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 14, 2024, project number 33006-23, 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 report signed and stamped by a professional engineering that demonstrates adequate and available servicing 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 stormwater management report for the severed and retained lots that has been designed in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to the issuance of the Certificate of Official, t

That minor variance application file A-61/24 for 73 Yorkshire Street South, be

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 permission to enlarge/extend the legal non-conforming use to permit an additional residential dwelling unit located in the basement of the existing dwelling, at 1859 Victoria Road South, be approved. Committee of Adjustment Minutes: September 26, 2024 - 8 Reasons: This application is approved, as it is the opinion of the Committee that this application meets the requirements under Section 45(2) 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 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 to permit the expansion of the recreation facility use into the remainder of the existing building located at 346 Edinburgh Road North, be approved. Reasons: This application is approved, as it is the opinion of the Committee that this Committee of Adjustment Minutes: September 26, 2024 - 9 application meets the requirements under Section 45(2) 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 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Section 6.3 of Zoning By-law (2023)-20790, as amended, for 20 Green Street, to permit a minimum right side yard setback of 0.7 metres for the proposed addition to the rear of the existing dwelling, when the By-law requires 1.5 metres, be approved. Committee of Adjustment Minutes: September 26, 2024 - 10 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 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 11.3, Section 4.13.1(b), Section 4.13.1(e), Section 4.13.1(f), and Table 5.3 Row 70 of Zoning By- law (2023)-20790, as amended, for 135 Ferguson Street, to permit: a. a minimum interior side yard setback of 5.5 metres for the outdoor patio, when the By-law requires 6 metres, or one-half the building height, whichever is greater; b. a minimum rear yard setback of 2.8 metres for the outdoor patio, when the By-law requires 7.5 metres, or one-half the building height, whichever is greater; c. the outdoor patio to be located in the rear yard of the subject property, when the By-law requires that where only the rear lot line adjoins a residential zone, an outdoor patio of a restaurant or licensed establishment is permitted in the front yard or exterior side yard provided it is a minimum of 3 metres away from the street; d. the outdoor patio to be located within a parking area, when the By-law requires 1 metre from any loading space, parking space, parking aisle or driveway; e. the outdoor patio to have a minimum interior side yard setback of 5.5 metres and a proposed rear yard setback of 2.8 metres, when the By-law requires that an outdoor patio shall comply with the building setbacks in the zone; f. a total of 0 parking spaces on the subject property, when the By-law requires a minimum of 3 parking spaces per 100 square metres of gr

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 99, Plan 23, currently known as 301 Suffolk Street West, a parcel of land with frontage along Suffolk Street West of 10.1 metres, and an area of 411 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 13, 2024, project number 32837-23, 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 City owned trees, the applicant shall submit a Tree Preservation Plan (TIPP) prepared by a Certified Arborist for approval and to the satisfaction of the General Manager of Parks. Any City owned tree(s) approved for removal or injury may be subject to compensation to the satisfaction of the General Manager of Parks. 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 Committee of Adjustment Minutes: September 26, 2024 - 14 report for the severed and retained lots that has been designed 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 grading and drainage plan for the seve

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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Table 5.2 Additional Regulation 1, and Table 5.3 Row 15 of Zoning By-law (2023)-20790, as amended, for 301 Suffolk Street West (proposed 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.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 Committee of Adjustment Minutes: September 26, 2024 - 19 RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less; 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 towards the front lot line or exterior side lo

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 26, Plan 231, currently known as 123 Elizabeth Street, Guelph, a parcel of land with frontage along Elizabeth Street of 9 metres, and an area of 547 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 13, 2024, project number 22197-14, be approved, subject to the following conditions: 1. That prior to the issuance of Certificate of Official, the proposed driveway for the retained lot be constructed to the satisfaction of the General Manager of Planning to ensure that the dwelling on the retained lot maintains the minimum off-street parking requirements. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall convey to the City at no charge, to the satisfaction of the General Manager/City Engineer, a road widening in accordance with the Official Plan along the frontage of the severed and retained lands. 3. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the Committee of Adjustment Minutes: September 26, 2024 - 21 General Manager/City Engineer, a stormwater management report for the severed and retained lands that has been designed in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to the issuance of the Certificate of Official, the Owner(s) shall provid

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 6.3, Table 5.9 Row 2, Table 5.10 Row 2, Section 5.11.2(a), and Table 5.2 Additional Regulation 1 of Zoning By-law (2023)-20790, as amended, for 123 Elizabeth Street (proposed severed parcel), to permit: a. 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, when the By-law requires in the RL.2 Zone, a minimum interior side yard setback of 1.2 metres on oneside of a dwelling unit and 0.6 metres on the other side; b. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed single detached dwelling, when the By-law a maximum attached Committee of Adjustment Minutes: September 26, 2024 - 25 garage width for a single detached dwelling in a RL.2 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less; c. a maximum residential driveway width of 50 percent of the lot frontage or 5 metres, whichever is greater, for the proposed single detached dwelling, when the By-law requires a maximum residential driveway width for a single detached dwelling in a RL.2 Zone to be 50 percent of the lot frontage or 5 metres, whichever is greater; 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

That a waiver of 100 percent ($1,900.00) of the application fee for a future minor variance application at 85 Cork Street West be refused.

That this hearing of the Committee of Adjustment be adjourned. (5:43 p.m.)