Committee of Adjustment

That the Committee of Adjustment now hold a meeting that is closed to the public, pursuant to the Municipal Act, Section 239(2)(f) and 3.1(1) of the Municipal Act, Committee of Adjustment Minutes: June 27, 2024 - 1 advice that is subject to solicitor-client privilege, including communications necessary for that purpose; for the purpose of educating or training the members.

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 4.7.6B of Zoning By-law (2023)-20790, as amended, for 18 Atto Drive, to permit a minimum right side yard setback of 0.08 metres for the existing uncovered porch (deck) at the rear of the existing dwelling, when the By-law requires that an uncovered porch not more than 1.2 metres above finished grade have a minimum setback of 0.6 metres from an interior side yard lot line, be approved, subject to the following condition: 1. That the applicant shall obtain a building permit for the existing deck 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 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Sections 4.5.2.1, 4.13.7.1 and 5.3.2.5.1 of Zoning By-law (1995)-14864, as amended, for 180 Gordon Street, to permit: a. a maximum height of 3.67 metres for the proposed accessory (garage) building, when the By-law requires that in a residential zone, an accessory building or structure shall not exceed 3.6 metres in height; b. a minimum driveway and parking aisle width providing two way access of 5.5 metres throughout its length, when the By-law requires that in a R.3 zone, if access to required off-street parking spaces is by 1 driveway or parking aisle only, such driveway or parking aisle shall have a minimum width of 6 metres throughout its length, and; c. a minimum private amenity area of 20 square metres that may be non-contiguous and a minimum depth of a private amenity area from the wall of a dwelling unit of 2.8 metres, when the By-law requires that a private amenity area in a R.3A zone for cluster townhouses and ground level stacked townhouse units shall have a minimum area of 20 square metres and have a minimum depth from the wall of the dwelling unit of 4.5 metres, and variances from Section 4.5.2(b), Section 5.3.1(e), Table 6.18, Table 5.10 Row 3, Table 6.18, Table 6.19, Section 18.6.18(viii)(B), and Section 18.6.18(ix)(A) of Zoning By-law (2023)-20790, as amended, for 180 Gordon Street, to permit: a. a maximum height of

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 Plan 28, Lot 173, Part Lane and Part 4 of Plan 61R-3025, currently known as 8 St. Arnaud Street, a parcel of land with frontage along St. Arnaud Street of 10 metres, a depth of 40.5 metres, and an area of 406 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated May 13, 2024, project number 33173-24, be approved, subject to the following conditions: 1. That prior to the issuance of a building permit, a plan shall 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 dwelling. 2. That 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. Committee of Adjustment Minutes: June 27, 2024 - 9 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 and functional servicing report for the severed and r

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 8 St. Arnaud Street, to permit: a. a maximum garage width of 5 metres 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% of the lot frontage or 5 metres, whichever is less; b. a maximum driveway width of 5 metres 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. 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, as 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 is provided, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres; d. a minimum floor area of 20 sq

That minor variance application file A-35/24 for 2 Pipe 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, a variance from the requirements of Section 4.13.4.2 of Zoning By-law (1995) – 14864, as amended, for 122 Harris Street to permit a minimum of 0 parking spaces for the proposed day care centre, when the By-law requires that the minimum required parking spaces for a day care centre be 1 per 10 children, plus 1 for the facility, and variances from Table 5.3 Row 32 and Table 6.1 of Zoning By-law (2023)-20790, as amended, to permit: a. a minimum of 0 parking spaces for the proposed day care centre, when the By-law requires that the minimum required parking spaces for a day care center be 3 spaces per 100 square metres of gross floor area; and b. a day care centre as a permitted use on the subject property, when the By-law permits a variety of uses in the RL.2 Zone, but does not permit a day car centre use, 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 Committee of Adjustment Minutes: June 27, 2024 - 18 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 deli

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, Registered Plan 435, currently known as 35 Janefield Avenue, a parcel of land with frontage along Janefield Avenue of 0.62 metres, and an area of 35 square metres as a lot addition to the right side of the abutting property at 41 Janefield Avenue, created via file B- 30/24, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated May 29, 2024, project number 32565-23, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy Committee of Adjustment Minutes: June 27, 2024 - 28 private trees, the applicant shall submit a Tree 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. 2. That prior to the issuance of a building permit on the proposed severed lands, 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 building permit, the owner(s) shall provide to the City, to the sat

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 4, Registered Plan 435, currently known as 41 Janefield Avenue, a parcel of land with frontage along Janefield Avenue of 8.3 metres, a depth of 56 metres, and an area of 431 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated May 29, 2024, project number 32565-23, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree 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. 2. That prior to the issuance of a building permit on the proposed severed lands, 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 Committee of Adjustment Minutes: June 27, 2024 - 31 grading/drainage plan must be designed in accordance with the City of Guelph’s Development Engineering Manual. 3. That prior to the issuance of building permit, the owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a servicing plan for the severed and retained

That Section 4.13 (a) and (b) of the Procedural By-Law be invoked to allow the Committee to continue to 11:30 p.m.

That consent application files B-32/24, B-33/24, and B-34/24 for 10 Orchard Crescent, be

That minor variance application files A-40/24, A-41/24, A-42/24 and A-43/24 for 10 Orchard Street, be

That this hearing of the Committee of Adjustment be adjourned. (11:01 p.m.)