Committee of Adjustment

That the minutes from the February 8, 2024 Regular Hearing of the Committee of Adjustment, be approved as circulated.

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 5.2.2(c), 5.3.2(a) and Table 5.2 Row 3, Table 6.19 and Table 5.10, Row 3 of Zoning By-law (2023)-20790, as amended, for 55 and 75 Cityview Drive North (Block 130) to permit: a. 100% of the residential parking spaces to be surface parking areas, when the By-law requires that on a lot 9,000 square metres and greater, a maximum of 75% of the residential parking spaces shall be permitted in surface parking areas; b. minimum parking space dimensions for the proposed townhouses to be 2.5 metres in width and 5.5 metres in length, when the By-law requires that minimum parking space dimensions for an apartment building (over 3 units), mixed-use building, stacked townhouse, stacked back-to-back townhouse and non-residential uses (interior or exterior parking spaces) be 2.75 metres in width and 5.5 metres in length; c. a minimum lot area per townhouse unit of 225 square metres, when the By-law requires a minimum lot area per dwelling unit of 270 square metres for a townhouse unit in the RL.4 Zone; d. a minimum exterior side yard of 2.5 metres from a private street, when the By-law requires a minimum exterior side yard from a private street, back of curb, sidewalk or lot line of 4.5 metres for a townhouse unit in the RL.4 Zone; e. a minimum rear yard of 4 metres from a private street, when the By-law requires a minimum rear yard from a

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 4.13.6, Table 5.4.2 Row 8, and Section 5.4.2.1 of Zoning By-law (1995)-14864, as amended, for 55 and 75 Cityview Drive North (Blocks 131 and 132) to permit: a. a minimum of 15% of the calculated total required parking spaces to be provided for the use of visitors, when the By-law requires a minimum of 20% of the calculated total required number of parking spaces shall be provided for the use of visitors to a residential building, and such parking spaces shall be located above grade and clearly identified as being reserved for the exclusive use of visitors; and b. a minimum side yard of 6.0 metres for the proposed townhouse buildings, when the By-law requires where windows of a habitable room face on a side yard, such side yard shall have a minimum width of not less than 7.5 metres in the R.4A Zone; and variances from the requirements of Sections 5.2.2(c), 5.3.2(a) and Table 5.2 Row 3, Table 5.7 Row 1, Table 6.18, and Table 6.19 of Zoning By-law (2023)-20790, as amended, for 55 and 75 Cityview Drive North (Blocks 131 and 132) to permit: a. 100% of the residential parking spaces to be surface parking areas, when the By-law requires that on a lot 9,000 square metres and greater, a maximum of 75% of the residential parking spaces shall be permitted in surface parking areas; b. minimum parking space dimensions for the proposed tow

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 5.2.2(c), 5.3.2(a) and Table 5.2 Row 3, 5.9(b), Table 6.19 and Table 5.10, Row 3 of Zoning By-law (2023)-20790, as amended, for 55 and 75 Cityview Drive North (Block 130) to permit: a. 100% of the residential parking spaces to be surface parking areas, when the By-law requires that on a lot 9,000 square metres and greater, a maximum of 75% of the residential parking spaces shall be permitted in surface parking areas; b. minimum parking space dimensions for the proposed townhouses to be 2.5 metres in width and 5.5 metres in length, when the By-law requires that minimum parking space Committee of Adjustment Minutes: March 14, 2024 - 7 dimensions for an apartment building (over 3 units), mixed-use building, stacked townhouse, stacked back-to-back townhouse and non-residential uses (interior or exterior parking spaces) be 2.75 metres in width and 5.5 metres in length; c. a minimum of 10% of the total required parking spaces on the subject property be provided as designed electric vehicle parking spaces, when the By-law requires that 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; d. a minimum lot area per townhouse unit of 225 square met

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 4.13.6, Table 5.4.2 Row 8, and Section 5.4.2.1 of Zoning By-law (1995)-14864, as amended, for 55 and 75 Cityview Drive North (Blocks 131 and 132) to permit: a. a minimum of 15% of the calculated total required parking spaces to be provided for the use of visitors, when the By-law requires a minimum of 20% of the calculated total required number of parking spaces shall be provided for the use of visitors to a residential building, and such parking spaces shall be located above grade and clearly identified as being reserved for the exclusive use of visitors; and b. a minimum side yard of 6.0 metres for the proposed townhouse buildings, when the By-law requires where windows of a habitable room face on a side yard, such side yard shall have a minimum width of not less than 7.5 metres in the R.4A Zone, and variances from the requirements of Sections 5.2.2(c), 5.3.2(a) and Table 5.2 Row 3, Table 5.7 Row 1, and Section 5.9(b), Table 6.18, and Table 6.19 of Zoning Committee of Adjustment Minutes: March 14, 2024 - 9 By-law (2023)-20790, as amended, for 55 and 75 Cityview Drive North (Blocks 131 and 132) to permit: a. 100% of the residential parking spaces to be surface parking areas, when the By-law requires that on a lot 9,000 square metres and greater, a maximum of 75% of the residential parking spaces shall be permitted in surface

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 6.3.2.8 Rows 1 and 3 of Zoning By-law (1995)-14864, as amended, for 22 Neeve Street, to permit: a. a minimum exterior side yard of 2.08 metres for the proposed residential addition, when the By-law requires that the minimum exterior side yard shall be the average of the setback of the adjacent properties but in no case shall be less than 3 metres, and where there is only one adjacent property or where the average of the setbacks of the adjacent properties cannot be determined, the minimum setback shall be 3 metres; and b. a minimum rear yard of 7.28 metres for the proposed residential addition, when the By-law requires a minimum rear yard of 10 metres for a property located in the D.2 Zone, and variances from the requirements of Table 9.6 of Zoning By-law (2023)-20790, as amended, for 22 Neeve Street, to permit: a. a minimum exterior side yard of 2.08 metres for the proposed residential addition, when the By-law requires that the minimum exterior side yard shall be the average of the setbacks of the adjacent property or where the average of the setbacks of the adjacent properties cannot be determined, the minimum setback shall be 3 metres; and b. a minimum rear yard of 7.28 metres for the proposed residential addition, when the By-law requires a minimum rear yard of 10 metres for a property located in the D.2 Zone be approved.

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 4.5.2(a) of Zoning By-law (2023)-20790, as amended, for 94 Maple Street, to permit a maximum total ground floor area of 170 square metres for the existing accessory buildings and structures on the subject property, when the By-law requires that the maximum total ground floor area of all accessory buildings or structures is 70 square metres be approved, subject to the following condition: 1. That the building permit to convert the existing shipping containers to an accessory structure be closed within one year Committee of Adjustment Minutes: March 14, 2024 - 13 after the final decision of the Committee of Adjustment, to the satisfaction of the Chief Building Official. Reason: This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, 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 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Lots 35 and 36, Registered Plan 42, currently known as 151 Bristol Street, a parcel with a frontage on Bristol Street of 9.5 metres, and an area of 379 square metres, substantially in accordance with a Committee of Adjustment Minutes: March 14, 2024 - 14 sketch prepared by Van Harten Surveying Inc., dated February 13, 2024, project number 28200-20, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, the Owner shall convey to the City at no expense, a 0.3m reserve along the entire Emslie Street frontage. 2. That prior to the issuance of a building permit, the Owner shall demonstrate to the satisfaction of the General Manager of Planning and Building Services a commitment to incorporate features into the development that will implement recommendations of the City’s Community Energy Initiative (CEI) and the overall goal of becoming a net zero carbon community by 2050. 3. That prior to the issuance of the Certificate of Official, the Owner shall complete a Tree Inventory and Preservation Plan (TIPP) of public trees which shall be developed and

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 35 and 36, Registered Plan 42, currently known as 151 Bristol Street, a parcel with a frontage on Bristol Street of 9.5 metres, and an area of 389 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated February 13, 2024, project number 28200-20, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, the Owner shall convey to the City at no expense, a 0.3m reserve along the entire Emslie Street frontage. 2. That prior to the issuance of a building permit, the Owner shall demonstrate to the satisfaction of the General Manager of Planning and Building Services a commitment to incorporate features into the development that will implement recommendations of the City’s Community Energy Initiative (CEI) and the overall goal of becoming a net zero carbon community by 2050. 3. That prior to the issuance of the Certificate of Official, the Owner shall complete a Tree Inventory and Preservation Plan (TIPP) of public trees which shall be developed and

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 35 and 36, Registered Plan 42, currently known as 151 Bristol Street, a parcel with a frontage on Bristol Street of 9.5 metres, and an area of 400 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated February 13, 2024, project number 28200-20, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, the Owner shall convey to the City at no expense, a 0.3m reserve along the entire Emslie Street frontage. 2. That prior to the issuance of a building permit, the Owner shall demonstrate to the satisfaction of the General Manager of Planning and Building Services a commitment to incorporate features into the development that will implement recommendations of the City’s Community Energy Initiative (CEI) and the overall goal of becoming a net zero carbon community by 2050. 3. That prior to the issuance of the Certificate of Official, the Owner shall complete a Tree Inventory and Preservation Plan (TIPP) of public trees which shall be developed and

Committee of Adjustment Minutes: March 14, 2024 - 24 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, Registered Plan 435, currently known as 35 Janefield Avenue, a parcel with a width of 8.3 metres and an area of 128 square metres, as a lot addition to the rear of Lot 6, Registered Plan 435, currently known as 27 Janefield Avenue, created via file B-6/24, noted as Severed Parcel (1) on and substantially in accordance with the sketch prepared by Van Harten Surveying Inc., dated February 22, 2024, project number 31828-22, 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 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. 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 report 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 functional servicing report 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 Lot 5, Registered Plan 435, currently known as 35 Janefield Avenue, a parcel with a width of 8.3 metres and an area of 128 square metres, as a lot addition to the rear of Lot 6, Registered Plan 435, currently known as 27 Janefield Avenue, created via file B-7/24, noted as Severed Parcel (2) on and substantially in accordance with the sketch prepared by Van Harten Surveying Inc., dated February 22, 2024, project number 31828-22, 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 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. 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 report 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 functional servicing report Committee of Adjustment Minutes: March 14, 2024 - 28 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 Lot 6, Registered Plan 435, currently known as 27 Janefield Avenue, a parcel of land with frontage along Mason Court of 8.3 metres, and an area of 203 square metres, to be merged with lot addition file B-4/24, noted as Lands to be Added To and Severed (3) on and Committee of Adjustment Minutes: March 14, 2024 - 31 substantially in accordance with the sketch prepared by Van Harten Surveying Inc., dated February 22, 2024, project number 31828-22, be approved, subject to the following conditions: 1. That a Tree Inventory & Preservation Plan, undertaken by a qualified arborist, in accordance with the requirements of the City’s Tree Technical Manual will be required prior to the issuance of the Certificate of Official. Issuance of a Tree Permit by the City will be required prior to any works taking place on the subject property. Please be aware that where preservation is not possible, as agreed to by the City, compensation is required either in the form of Cash in lieu or Replacement Trees, or a combination of the two at the discretion of City staff. Cash in Lieu rates are set out in the Private Tree Bylaw, while Replacement Tree rates are set out in the Tree Technical Manual (TTM). 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 gradin

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 6, Registered Plan 435, currently known as 27 Janefield Avenue, a parcel of land with frontage on Mason Court of 8.3 metres, and an area of 192 square metres, noted as Severed Parcel (5) on and substantially in accordance with the sketch prepared by Van Harten Surveying Inc., dated February 22, 2024, project number 31828-22, be approved, subject to the following conditions: 1. That a Tree Inventory & Preservation Plan, undertaken by a qualified arborist, in accordance with the requirements of the City’s Tree Technical Manual will be required prior to the issuance of the Certificate of Official. Issuance of a Tree Permit by the City will be required prior to any works taking place on the subject property. Please be aware that where preservation is not possible, as agreed to by the City, compensation is required either in the form of Cash in lieu or Replacement Trees, or a combination of the two at the discretion of City staff. Cash in Lieu rates are set out in the Private Tree Bylaw, while Replacement Tree rates are set out in the Tree Technical Manual (TTM). 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

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 6, Registered Plan 435, currently known as 27 Janefield Avenue, a parcel of land with a frontage of 1.2 metres and an area of 48 square metres, as a lot addition to the right side of Lot 5, Registered Plan 435, currently known as 35 Janefield Avenue, created via file B- 11/24, noted as Severed Parcel (7) on and substantially in accordance with the sketch prepared by Van Harten Surveying Inc., dated February 22, 2024, project number 31828-22, 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 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. 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 report 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 functional servicing report that has been prepared in accordance

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, Registered Plan 435, currently known as 35 Janefield Avenue, a parcel of land with frontage on Janefield Avenue of 7.1 metres, and an area of 279 square metres, to be merged with lot addition file B-10/24, noted as Lands to be Added To and Severed (8) on and substantially in accordance with the sketch prepared by Van Harten Surveying Inc., dated February 22, 2024, project number 31828-22, be approved, subject to the following conditions: 1. That a Tree Inventory & Preservation Plan, undertaken by a qualified arborist, in accordance with the requirements of the City’s Tree Technical Manual will be required prior to the issuance of the Certificate of Official. Issuance of a Tree Permit by the City will be required prior to any works taking place on Committee of Adjustment Minutes: March 14, 2024 - 49 the subject property. Please be aware that where preservation is not possible, as agreed to by the City, compensation is required either in the form of Cash in lieu or Replacement Trees, or a combination of the two at the discretion of City staff. Cash in Lieu rates are set out in the Private Tree Bylaw, while Replacement Tree rates are set out in the Tree Technical Manual (TTM). 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 gra

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, Registered Plan 435, currently known as 35 Janefield Avenue, a parcel of land with frontage on Janefield of 8.3 metres, and an area of 328 square metres, noted as Severed Parcel (9) on Committee of Adjustment Minutes: March 14, 2024 - 52 and substantially in accordance with the sketch prepared by Van Harten Surveying Inc., dated February 22, 2024, project number 31828-22, be approved, subject to the following conditions: 1. That a Tree Inventory & Preservation Plan, undertaken by a qualified arborist, in accordance with the requirements of the City’s Tree Technical Manual will be required prior to the issuance of the Certificate of Official. Issuance of a Tree Permit by the City will be required prior to any works taking place on the subject property. Please be aware that where preservation is not possible, as agreed to by the City, compensation is required either in the form of Cash in lieu or Replacement Trees, or a combination of the two at the discretion of City staff. Cash in Lieu rates are set out in the Private Tree Bylaw, while Replacement Tree rates are set out in the Tree Technical Manual (TTM). 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 bee

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 the following easement over Part Lots 42, 43, 45 and 46 and E, Registered Plan 161, RP 61R-11955 Parts 3 to 10, currently known as 92 Arthur Street South, with a width of 0.88 metres and an area of 5.14 square metres, for the purposes of access, in favour of the adjacent property at 94 Arthur Street South, substantially in accordance the sketch prepared by Van Harten Surveying Inc., dated February 12, 2024, project number 31705-22, be approved subject to the following conditions: 1. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official. 2. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first. Committee of Adjustment Minutes: March 14, 2024 - 56 3. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed

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 construction of a two-storey detached garage with an additional residential dwelling unit located above, at 1859 Victoria Road South, be approved. 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.