The Guelph Record

Committee of Adjustment

October 9, 2025

What was decided (11 motions)

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

That the minutes from the September 4, 2025 and the September 11, 2025 Regular Hearings of the Committee of Adjustment, be approved as circulated.
Moved by N. Mir, seconded by P. Fitzpatrick
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 Table 6.3 of Zoning By-law (2023)-20790, as amended, for 83 Fife Road, to permit a minimum left side yard setback of 0.914 metres for the proposed attached garage, when the By-law requires a minimum interior side yard setback of 1.5 metres be approved, subject to the following conditions: Committee of Adjustment Minutes: October 9, 2025 - 2 1. That the attached garage addition does not exceed the general dimensions as shown in the submitted site plan, and does not exceed a maximum height of 3.7 metres to the satisfaction of the General Manager of Building and Planning. 2. That the 3 unit building be registered as per the Small Multi- Unit Residential registration By-law to the satisfaction of the Chief Building Official. 3. That the left side driveway meet the maximum permitted width of 6.5m to the satisfaction of the Chief Building Official. 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 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 consideratio
Moved by R. Speers, seconded by P. Fitzpatrick
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 4.7.5C and Table 4.7.6B of Zoning By-law (2023)-20790, as amended, for 11 Norton Drive, to permit: a. the existing open, roofed rear porch (deck) to have a minimum left side yard setback of 0.09 metres, when the By-law requires that an open, roofed porch not exceeding 1 storey in height in the interior side yard have a maximum projection into the required yard of 1.2 metres, and a minimum setback from a lot line of 0.6 metres; and b. the existing uncovered porch (exterior stairs) not more than 1.2 metres above finished grade to have a minimum left side yard setback of 0.09 metres, when the By-law requires that an uncovered porch not more than 1.2 metres above finished grade in an interior side yard or rear yard have a minimum setback from a lot line of 0.6 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 R. Speers, seconded by P. Fitzpatrick
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 Sections 4.5.1(b) and 4.16.3(b)(iii) of Zoning By-law (2023)-20790, as amended, for 180 Farley Drive, to permit: a. the existing accessory structures (sheds) to be located in the required exterior side yard, with a minimum exterior side yard setback of 1.2 metres, when the By-law requires that an accessory building or structure may be located in a yard, other than a front yard or required exterior side yard; and b. the existing fence with a maximum fence height of 1.9 metres in the exterior side yard, located in front of the midpoint of the existing dwelling, when the By-law requires that a fence located in the exterior side yard shall not exceed 0.8 metres in height in the remaining exterior side yard, located from the midpoint of the main building towards the front lot line. be approved, with the following conditions: 1. That the accessory structures labelled as “shed” not be used for human habitation, and that the accessory structure variance only apply to the existing structures as shown on the site plan sketch included in the public notice. 2. That the height increase for the fence only apply to the existing fence as shown in the submitted site plan sketch included in the public notice. Committee of Adjustment Minutes: October 9, 2025 - 5 3. That the existing fence shall not be within the driveway sight line triangle of 135 Pine
Moved by P. Membreño, seconded by N. Mir
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 66 Mary Street, to permit a minimum left side yard setback of 0.65 metres for the proposed two-storey addition to the existing dwelling, when Committee of Adjustment Minutes: October 9, 2025 - 6 the By-law requires a minimum interior side yard setback of 1.5 metres for a single detached dwelling, 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 P. Membreño, seconded by N. Mir
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 Lot 5, Concession 1, Division 'B', Formerly Township of Guelph-Eramosa, Part 1 of Plan 61R-22257, currently known as 361 Whitelaw Road, a parcel of land, with frontage along Whitelaw Road of 259.67 metres, a depth of 86.02 metres, and an area of 29,700 Committee of Adjustment Minutes: October 9, 2025 - 7 square metres, substantially in accordance with a sketch prepared by J.D Barnes Limited., dated August 20, 2025, project number 22-14-666-02, be approved, subject to the following conditions: 1. 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, Part 27 of Reference Plan 61R-20091 or equivalent, as a road widening in accordance with the Official Plan. 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, Part 4 of Reference Plan 61R-21408 or equivalent, as a daylight triangle. 3. 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, Part 5 of Reference Plan 61R-21408 or equivalent, as a reserve along the ultimate Paisley Road frontage. 4. That all required fees and charges in respect of the reg
Moved by R. Speers, seconded by P. Fitzpatrick
Carried
Committee of Adjustment Minutes: October 9, 2025 - 9 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 44, Registered Plan 50, currently known as 81 Dean Avenue, a parcel of land, (noted as Proposed Severed Parcel 1), with frontage along Dean Avenue of 8.9 metres, a depth of 45.7 metres, and an area of 407 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated September 9, 2025, project number 34324-25, 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 functional servicing and stormwater management report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. All properties shall be independently serviced. 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 lots. The grading/drainage plan must be 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 servi
Moved by P. Fitzpatrick, seconded by J. Ross
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 Lot 44, Registered Plan 50, currently known as 81 Dean Avenue, a parcel of land, (noted as Proposed Severed Parcel 2), with frontage along Dean Avenue of 7.1 metres, a depth of 45.7 metres, and an area of 324 square metres, substantially in accordance with a Committee of Adjustment Minutes: October 9, 2025 - 12 sketch prepared by Van Harten Surveying Inc., dated September 9, 2025, project number 34324-25, 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 functional servicing and stormwater management report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. All properties shall be independently serviced. 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 lots. The grading/drainage plan must be 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 serv
Moved by P. Fitzpatrick, seconded by J. Ross
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 4.7.2 of Zoning By-law (2023)- 20790, as amended, for 35 Charles Street, to permit the proposed second-storey balcony to have a minimum side yard setback of 0.3 metres, when the By-law requires that a balcony (applicable to floors above main floor/entry level) have a maximum projection into the required yard of 2.4 metres, and minimum setback from a lot line of 2 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 N. Mir, seconded by P. Membreño
Carried
Committee of Adjustment Minutes: October 9, 2025 - 16 That in the matter of an application under Section 57(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a request for a Validation Certificate for Part of Lot 12, Concession 7, Formerly Township of Puslinch, Parts 9 to 16 of Plan 61R-11891, currently known as 935 Southgate Drive, be approved, subject to the following conditions: 1. That the administration fee be paid, prior to the issuance of the Validation Certificate. 2. That the applicant’s solicitor provide the Secretary-Treasurer with a registerable legal description for the Validation Certificate to the satisfaction of the City Solicitor. 3. That the Secretary-Treasurer be provided with a written undertaking from the applicant's solicitor, that he/she will provide a copy of the registered Validation Certificate within 60 days of issuance of the Validation Certificate. Reason: This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of Section 57(1) of the Planning Act to which all applications for Validation Certificates must adhere. 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 pa
Moved by J. Ross, seconded by P. Membreño
Carried
That this hearing of the Committee of Adjustment be adjourned (5:25 p.m.).
Moved by P. Fitzpatrick, seconded by R. Speers
Carried

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