Committee of Adjustment

1. That the minutes from the May 8, 2025 Regular Hearing of the Committee of Adjustment, be approved as circulated.

That consent application files B-41/25, B-42/25 and B-43/25 for 108 Fleming Road, 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 the requirements of Table 6.3 Additional Regulation 2a and Table 6.2 of Zoning By-law (2023)-20790, as amended, for 68- 76 Wyndham Street South (noted as Proposed Severed Parcel, Lot 2), to permit: Committee of Adjustment Minutes: June 12, 2025 - 9 a. a minimum front yard of 1.5 metres for the proposed multi-unit residential building, 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; and b. a 0 metre setback between the driveway and the nearest lot line, when the By-law requires a minimum setback of 0.5 metres between the driveway, residential and the nearest lot line must be maintained as landscaped space in the form of natural vegetation, such as grass, flowers, trees and shrubbery, be approved, subject to the following condition: 1. That consent application files B-1/25 and B-47/25 receive final certification of the Secretary-Treasurer and be registered on title. Reason: This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, this application meets all four tests under Section 45(1) of the Pl

Committee of Adjustment Minutes: June 12, 2025 - 10 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 Additional Regulation 2a, Table 6.3, Table 6.2, and Table 4.1 Row 7 of Zoning By-law (2023)- 20790, as amended, for 68-76 Wyndham Street South (noted as Proposed Retained Parcel, Lot 1), to permit: a. a minimum exterior side yard setback of 1.5 metres for the proposed multi-unit residential building, 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; b. a minimum rear yard of 5.06 metres for the proposed multi-unit residential building, when the By-law requires that a minimum rear yard of 7.5 metres, or 20 percent of the lot depth, whichever is less, for a multi-unit building in the RL.1 Zone; c. a 0 metre setback between the driveway and the nearest lot line, when the By-law requires that a minimum setback of 0.5 metres between the driveway, residential and the nearest lot line must be maintained as landscaped space in the form of natural vegetation, such as grass, flowers, trees and shrubbery; and d. a 0 metre exterior side yard setback for the proposed exterio

Committee of Adjustment Minutes: June 12, 2025 - 15 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 and Table 4.7.5A of Zoning By-law (2023)-20790, as amended, for 10 Ontario Street (noted as Proposed Severed Parcel), to permit: a. a minimum front yard setback of 1 metre for the proposed semi-detached dwelling on the proposed severed parcel, when the By-law requires that for lots within the Older Built-Up Area Overlay, a minimum front yard setback shall be the average of the established setbacks of the immediately adjacent lots [being 1.3 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; and b. a minimum front yard setback of 0 metres for the proposed open, roofed front porch and stairs on the proposed severed parcel, when the By-law requires a minimum front yard setback of 2 metres for an open, roofed porch not exceeding 1 storey in height and associated stairs, be approved, subject to the following condition: 1. That consent application file B-14/25 receive final certification of the Secretary-Treasurer and be registered on title. Reason: This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, this application meets all four tests under Section 45(1) of the Planning Act. Any

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 23, Registered Plan 462, currently known as 127 Cityview Drive North, a parcel of land with frontage along Cityview Drive North of 11.43 metres, a depth of 61.5 metres, and an area of 703.6 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated May 6, 2025, project number 18-14-705-01, be approved, subject to the following conditions: 1. Prior to the issuance of a building permit and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory and 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. Issuance of a Tree Injury or Removal Permit by the City may be required prior to any works taking place on the subject property. 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 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. Committee of Adjustment Minutes: June 12, 2025 - 17 3. That p

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 10.3 of Zoning By-law (2023)-20790, as amended, for 41 Massey Road, to permit a minimum landscaped open space of 10 percent (2,888 square metres) for the subject property, when the By-law requires a minimum landscaped open space of 15 percent, 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 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 easement over Lot 23 and Part of Lot 24, Registered Plan 420, currently known as 17 Vardon Drive, with a width of 3.3 metres narrowing to 2.5 metres and an area of 150 square metres over a portion of 17 Vardon Drive, for the purpose of servicing (sanitary and water laterals), in favour of the adjacent property at 1 Simpson Way, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated May 13, 2025, project number 33644-24, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official (if applicable) and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory and 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. Issuance of a Tree Injury or Removal Permit by the City may be required prior to any works taking place on the subject property. 2. 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. 3. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written under

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 6.3of Zoning By-law (2023)-20790, as amended, for 1 Chadwick Avenue, to permit: a. a minimum front yard setback of 5.17 metres, when the Bylaw requires a minimum front yard setback of 6 metres for a property located in the RL.1 Zone; and b. a minimum left side yard setback of 0.6 metres, when the Bylaw requires a minimum interior side yard setback of 1.5 metres for a property located in the RL.1 Zone, be approved, subject to the following condition: 1. That the proposed addition maintain the general size and location shown in the revised submitted site plan sketch and elevation drawings to the satisfaction of the General Manager of Planning and Building Services. Reason: This application is approved, as it is the opinion of the Committee that, subject to the above noted condition, 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 Part of Lots 6 and 7, Registered Plan 317, currently known as 80 St. Arnaud Street, a parcel of land with frontage along St. Arnaud Street of 7.6 metres, a depth of 48.8 metres, and an area of 363 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated May 13, 2025, project number 34340-25, be refused. Reason: Committee of Adjustment Minutes: June 12, 2025 - 25 This consent application is refused, as it is the opinion of the Committee that this application does not meet the criteria under section 51(24) of the Planning Act to which all consent applications must adhere, specifically being that the proposed severance does not meet the Consent policies of the Official Plan or subdivision criteria as outlined in Section 51(24) of the Planning Act, as outlined in the staff comments document. 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 minor variance file A-65/25 for 80 St. Arnaud Street, 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 the requirements of Section 15.3, of Zoning By-law (2023)-20790, as amended, for 10 Kilkenny Place, to permit a maximum of 31 percent of the existing gross floor area of the existing dwelling, when the By-law requires that minor additions to buildings or structures legally existing on the effective date of the By-law shall be permitted to a maximum of 25 percent of the existing gross floor area of the building or structure, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official (if applicable) and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory and 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. Issuance of a Tree Injury or Removal Permit by the City may be required prior to any works taking place on the subject property. 2. The proposed addition is in close proximity to the Natural Heritage System (NHS) zone. The limit of the NHS zone is to be surveyed to ensure that no development or site alteration occurs within it to the satisfaction of the General Manager of Planning and Building Services. Once the line is surveyed, Erosion and Sediment Control (ESC) fencing 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 Victoria School Grounds, Registered Plan 328, currently known as 27 Forbes Avenue, a parcel of land (noted as Proposed Severed Lot 1) with frontage along James Street West of 17.2 metres, a depth of 55 metres, and an area of 950 square metres, substantially in Committee of Adjustment Minutes: June 12, 2025 - 28 accordance with a sketch prepared by Van Harten Surveying Inc., dated May 14, 2025, project number 34296-25, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official (if applicable) and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory and 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. Issuance of a Tree Injury or Removal Permit by the City may be required prior to any works taking place on the subject property. 2. That prior to the issuance of the Certificate of Official, approval of a heritage permit has been obtained, satisfactory to the General Manager of Planning and Building Services, that includes the design of the two proposed dwellings and that provides a plan to conserve the two historic rows of trees as shared heritage attributes of the lot

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 All of Victoria School Grounds, Registered Plan 328, currently known as 27 Forbes Avenue, a parcel of land (noted as Proposed Severed Lot 2) with frontage along James Street West of 17.2 metres, a depth of 55 metres, and an area of 950 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated May 14, 2025, project number 34296-25, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official (if applicable) and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory and 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. Issuance of a Tree Injury or Removal Permit by the City may be required prior to any works taking place on the subject property. 2. That prior to the issuance of the Certificate of Official, approval of a heritage permit has been obtained, satisfactory to the General Manager of Planning and Building Services, that includes the design of the two proposed dwellings and that provides a plan to conserve the two historic rows of trees as shared heritage attributes of the lot to be retained and the two proposed new lots

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 29, Registered Plan 500, currently known as 258 Water Street, a parcel of land with frontage along Water Street of 8.84 metres, a depth of 30.09 metres, and an area of 256.94 square metres, substantially in accordance with a sketch prepared by Lejan Land Surveying Inc., dated November 12, 2024, job number 24-171S, be approved, subject to the following conditions: Committee of Adjustment Minutes: June 12, 2025 - 35 1. Prior to the issuance of the Certificate of Official (if applicable) and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory and 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. Issuance of a Tree Injury or Removal Permit by the City may be required prior to any works taking place on the subject property. 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 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. 3

That this hearing of the Committee of Adjustment be adjourned (6:23 p.m.).