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Committee of Adjustment
November 14, 2024
What was decided (13 motions)
10 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.
That the minutes from the September 26, 2024 and October 10, 2024 Regular Hearings of the Committee of Adjustment, be approved as circulated.
Moved by R. Speers, seconded by G. Sayer
Carried
That consent application file B-46/24 for 47 and 87 Hyland Road, be
Moved by R. Speers, seconded by A. Balaban
Deferred
That minor variance application file A-89/24 for 5 Nicholas Way, be
Moved by A. Balaban, seconded by R. Speers
Deferred
That minor variance application file A-87/24 for 90 Tovell Drive, be
Moved by G. Sayer, seconded by P. Membreño
Deferred
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, Table 6.3 Additional Regulation 2a), Table 4.7.2, and Table 4.7.5A of Zoning By-law (2023)- 20790, as amended, for 76 Water Street, to permit: a. a minimum left side yard setback of 1.2 metres for the proposed additions to the existing dwelling, when the By-law requires a minimum interior side yard setback of 1.5 metres for a single detached dwelling; b. a minimum front yard setback of 2.72 metres for the proposed second storey addition to the existing dwelling, when the By-law requires that for lots within the Older Built-Up Area Overlay, the minimum front yard setback shall be the average of the established setbacks of the immediately adjacent lots [being 4.8 metres], 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 front yard setback shall be 6 metres; c. the proposed balcony located at the front of the dwelling to have a maximum projection of 3.6 metres into the required front yard, a minimum front yard setback of 1.7 metres, and a minimum left side yard setback of 1.2 metres, when the By-law requires that balconies above the main floor/entry level have a maximum projection into the required yard of 2.4 metres and a minimum setback from a lot line of 2 metres; d. the proposed open, roofed front porch to have a maximum projec
Moved by R. Speers, 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 Section 4.15.1(b), Section 4.15.1(e), and Section 4.15.3(b) of Zoning By-law (2023)-20790, as amended, for 63 Arkell Road, to permit: a. the home occupation (bicycle repair and sales) to occupy half of the attached garage, being 22.2 square metres in area, when the By-law requires a home occupation shall not obstruct or occupy the legal off-street parking space for a dwelling unit and shall not occupy any portion of an attached garage or carport, and home occupations are permitted in accessory buildings and structures and detached additional residential dwelling units; b. an outdoor display and sales area in the exterior side yard, being 49 square metres in area, when the By-law requires there shall be no outdoor display and sales area or outdoor storage area in conjunction with a home occupation; and c. the retail sales of bicycles to occupy more than 25 percent of the gross floor area of the home occupation, when the By-law requires, that a retail establishment is not permitted as a home occupation, and retail sales shall be limited to items that are prepared within the area associated with the home occupation or which are accessory to the home occupation and shall not occupy more than 25 percent of the gross floor area of the home occupation, be approved, subject to the following condition: 1. That the outdoor display area for the
Moved by J. Goodfellow, seconded by R. Speers
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 Sections 4.5.1(b), 4.5.3(a), and 5.12(a) of Zoning By-law (2023)-20790, as amended, for 546 Woolwich Street, to permit: a. an accessory structure (proposed canopy structure over the existing fuel pump island) to be located in the exterior side yard, when the By-law requires an accessory building or structure may be located in a yard other than a front yard or required exterior side yard; b. a maximum height of 5 metres for the proposed accessory (proposed canopy structure over the existing fuel pump island), when the By-law requires that the maximum height of an accessory structure is 4.5 metres; and c. a minimum setback of 10.4 metres from the proposed canopy structure over the existing fuel pump island to the lot line abutting a residential use, when the By-law requires that the minimum setback from a fuel pump island and a canopy structure of a vehicle service station to any lot line abutting a residential, institutional or park use shall be 15 metres, be approved, subject to the following conditions: 1. That building permit file 2020 6638 SS for the existing ground sign be issued to the satisfaction of the Chief Building Official. 2. That prior to issuance of a building permit, the applicant submits a letter and site plan including clearances to Alectra Utilities Distribution System, satisfactory to the Capital Relocations Department of Alectra Util
Moved by A. Balaban, 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 Lot 31, Plan 265, currently known as 137 Emma Street, a parcel of land with frontage along Emma Street of 13.5 metres, a depth of 30.5 metres, and an area of 410 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated October 9, 2024, project number 33663-24, 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 report for the severed and retained lands that has been designed 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. 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 a site servicing plan, showing all lateral service connections to the City’s infrastructure for the severed lands and retained lands, to the satisfaction of the General Manager/City Engineer. 4. That prior to the issuance of the Certificate of Official
Moved by R. Speers, seconded by G. Sayer
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 6.3, Table 5.9 Row 1, Table 5.10 Row 1, Table 5.2 Additional Regulation 1, and Section 5.11.2(a) of Zoning By-law (2023)-20790, as amended, for 137 Emma Street (proposed severed parcel), to permit: a. a minimum lot area of 410 square metres, when the By-law requires a minimum lot area of 460 square metres; b. a minimum lot frontage of 13.5 metres, when the By-law requires a minimum lot frontage of 9.0 metres for lots with a single detached dwelling located within the Older Built-up Area Overlay; c. a minimum interior side yard of 1.5 metres for the proposed single detached dwelling, when the By-law requires a minimum interior side yard of 1.5 metres; d. a maximum attached garage width of 6.5 metres for the proposed single detached dwelling, when the By-law requires a maximum attached garage width for a single detached dwelling in a RL.1 Zone to be 6.5 metres; e. a maximum residential driveway width of 6.5 metres for the proposed single detached dwelling, when the By-law requires a maximum residential driveway width for a single detached dwelling in a RL.1 Zone to be 6.5 metres; f. a minimum floor area of 20 square metres for the proposed attached garage, when the By-law requires that an attached garage for single detached dwellings shall have a minimum floor area of 20 square metres; and g. an attached garage to proj
Moved by R. Speers, seconded by G. Sayer
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 6, Plan 37, currently known as 33-35 James Street West, a parcel of land with frontage along James Street of 14.1 metres, a depth of 23.8 metres, and an area of 337 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated October 31, 2024, project number 33627-24, 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 report for the severed and retained lands that has been designed 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. 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 a site servicing plan, showing all lateral service connections to the City’s infrastructure for the severed lands and retained lands, to the satisfaction of the General Manager/City Engineer. 4. That prior to the issuance of the Certificate of
Moved by A. Balaban, 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 6.7 Additional Regulation 2(a), 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 33-35 James Street West (proposed severed parcel), to permit: a. a minimum front yard setback of 3.5 metres for the proposed semi-detached dwelling, when the By-law requires that for lots within the Older Built-Up Area Overlay, the minimum front 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; 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.1 Zone to be 50 percent of the lot frontage or 5 metres, whichever is less; c. 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; d. a minimum flo
Moved by A. Balaban, 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 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 112 Emma Street (proposed severed 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 RL.1 Zone to be 60 percent of the lot frontage or 5 metres, whichever is less; c. an 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 lot line abutting a street line, and where a roofed porch
Moved by J. Goodfellow, seconded by R. Speers
Carried
That this hearing of the Committee of Adjustment be adjourned. (7:10 p.m.)