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Committee of Adjustment
May 14, 2026
What was decided (15 motions)
15 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That the minutes from the April 9, 2026 Regular Hearing of the Committee of Adjustment, be approved as circulated.
Moved by Member Mir, seconded by Member 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 6.3 Additional Regulation 2(a) and Table 6.3 of Zoning By-law (2023)-20790, as amended, for 60 Dufferin Street, to permit: a. a minimum front yard setback of 3.8 metres for the proposed second storey addition to the existing dwelling, when the By-law Committee of Adjustment Minutes: May 14, 2026 - 2 requires that for lots located 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 minimum right side yard setback of 0.6 metres for the proposed second storey addition to the existing dwelling when the By-law requires a minimum interior side yard setback of 1.5 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
Moved by Member Smith, seconded by Member 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, Section 4.5.1(b) and Section 4.5.4(a) of Zoning By-law (2023)-20790, as amended, for 128 Dufferin Street, to permit: a. a maximum front yard setback (from Dufferin Street) of 24.5 metres for the proposed detached dwelling, when the By-law requires a maximum front yard setback of 10 metres; b. an accessory building to be located in the front yard (Dufferin Street) of the through lot 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 c. a hot tub to be located in the front yard (Dufferin Street) of the through lot when the By-law requires that no outdoor swimming pool or hot tub shall be located in any part of a front yard or required exterior side yard, unless it is located behind the rear wall of the main building be approved, subject to the following condition: 1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory & 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
Moved by Member Mir, seconded by Member 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, a variance from Section 4.20(b) of Zoning By-law (2023)-20790, as amended, for 930 Woodlawn Road West, to permit complementary uses within a standalone building in combination with a primary permitted use on the same property, when the By-law requires that complementary uses be located within a multi-unit building in combination with a primary permitted 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 related to this application that were made at a public hearing, held under the Committee of Adjustment Minutes: May 14, 2026 - 5 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 Member Speers, seconded by Member 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 a technical severance of Lot 5 and 6, Registered Plan 435, currently known as 10 and 12 Mason Court, a parcel of land (noted as Part 2 and 8), with frontage along Mason Court of 8.3 metres, a depth of 39.8 metres and an area of 332 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated April 16, 2024, project number 31828-22, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, the applicant shall apply and obtain approval for cancellation certificates for the previous consent files (files B-4/24, B-5/24, B-6/24 and B-7/24). 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. Committee of Adjustment Minutes: May 14, 2026 - 6 3. 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. 4. That prior to the issuance of the Certif
Moved by Member Fitzpatrick, seconded by Member Ross
Carried
Consent File B-31/26 That in the matter of an application under Section 53(45) of the Planning Act, R.S.O. 1990, c.P13, as amended, a request for a Certificate of Cancellation for previous consent file B-5/24, for Part Lot 5, Plan 435, designated as Part 8, Reference Plan 61R-22726, for the property currently known as 10 Mason Court, be approved subject to the following conditions: 1. That the administration fee be paid, prior to the issuance of the Certificate of Cancellation. 2. That the applicant’s solicitor provide the Secretary-Treasurer with a registerable legal description for the Certificate of Cancellation to the satisfaction of the City Solicitor. 3. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, that he/she will provide a copy of the registered Certificate of Cancellation within 60 days of issuance of the Certificate of Cancellation. Reasons: 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 53(45) of the Planning Act to which all Certificates of cancellation 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 b
Moved by Member Mir, seconded by Member Fitzpatrick
Carried
Committee of Adjustment Minutes: May 14, 2026 - 8 Consent File B-32/26 That in the matter of an application under Section 53(45) of the Planning Act, R.S.O. 1990, c.P13, as amended, a request for a Certificate of Cancellation for previous consent file B-7/24, for Part Lot 6, Plan 435, designated as Part 2, Reference Plan 61R-22726, for the property currently known as 10 Mason Court, be approved subject to the following conditions: 1. That the administration fee be paid, prior to the issuance of the Certificate of Cancellation. 2. That the applicant’s solicitor provide the Secretary-Treasurer with a registerable legal description for the Certificate of Cancellation to the satisfaction of the City Solicitor. 3. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, that he/she will provide a copy of the registered Certificate of Cancellation within 60 days of issuance of the Certificate of Cancellation. Reasons: 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 53(45) of the Planning Act to which all Certificates of cancellation 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,
Moved by Member Mir, seconded by Member Fitzpatrick
Carried
Consent File B-33/26 That in the matter of an application under Section 53(45) of the Planning Act, R.S.O. 1990, c.P13, as amended, a request for a Certificate of Cancellation for previous consent file B-4/24, for Part Lot 5, Plan 435, designated as Part 7, Reference Plan 61R-22726, for the property currently known as 12 Mason Court, be approved subject to the following conditions: Committee of Adjustment Minutes: May 14, 2026 - 9 1. That the administration fee be paid, prior to the issuance of the Certificate of Cancellation. 2. That the applicant’s solicitor provide the Secretary-Treasurer with a registerable legal description for the Certificate of Cancellation to the satisfaction of the City Solicitor. 3. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, that he/she will provide a copy of the registered Certificate of Cancellation within 60 days of issuance of the Certificate of Cancellation. Reasons: 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 53(45) of the Planning Act to which all Certificates of cancellation 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,
Moved by Member Mir, seconded by Member Fitzpatrick
Carried
Consent File B-34/26 That in the matter of an application under Section 53(45) of the Planning Act, R.S.O. 1990, c.P13, as amended, a request for a Certificate of Cancellation for previous consent file B-6/24, for Part Lot 6, Plan 435, designated as Part 1, Reference Plan 61R-22726, for the property currently known as 12 Mason Court, be approved subject to the following conditions: 1. That the administration fee be paid, prior to the issuance of the Certificate of Cancellation. 2. That the applicant’s solicitor provide the Secretary-Treasurer with a registerable legal description for the Certificate of Cancellation to the satisfaction of the City Solicitor. 3. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's Committee of Adjustment Minutes: May 14, 2026 - 10 solicitor, that he/she will provide a copy of the registered Certificate of Cancellation within 60 days of issuance of the Certificate of Cancellation. Reasons: 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 53(45) of the Planning Act to which all Certificates of cancellation 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
Moved by Member Mir, seconded by Member Fitzpatrick
Carried
Committee of Adjustment Minutes: May 14, 2026 - 11 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 Section 5.13(a) and Table 7.8 of Zoning By-law (2023)-20790, as amended, for 265 Eramosa Road, to permit: a. a minimum setback of 12.81 metres from the proposed standalone restaurant with drive-through to a lot line abutting an institutional use, when the By-law requires that the minimum setback from any lot line abutting a residential, institutional or park use for any building or structure associated with a drive- through facility shall be 15 metres; b. a minimum of 31 percent of the surface area of the first storey of the proposed standalone restaurant with drive-through to be comprised of transparent windows when the By-law requires that a minimum of 40 percent of the surface area of the first storey of a building, up to 4.5 metres from the ground, shall be comprised of transparent windows and/or active entrances when a building is within 15 metres of an existing and proposed arterial and/or collector road; and c. a minimum building height of 5.38 metres for the proposed standalone restaurant with drive-through when the By-law requires a minimum building heigh of 7.5 metres for buildings within 15 metres of an existing and propose arterial and/or collector road be approved. Reason: This application is approved, as it is the opinion of the Committee that this application meets all four tests under Se
Moved by Member Ross, seconded by Member Speers
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 a severance of Lot 2, Registered Plan 405, currently known as 116 Lemon Street, a parcel of land with frontage along Lemon Street of 15.2 metres, a depth of 30.48 metres and an area of 462.18 square metres, substantially in accordance with a sketch prepared by J.D. Barnes Limited, dated April 15, 2026, reference number 26-14-382-00, 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 & 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 (Development Committee of Adjustment Minutes: May 14, 2026 - 13 Engineering Manual October 2023). All
Moved by Member Mir, seconded by Member Speers
Carried
Consent File B-35/26 (68 Preston Street) That in the matter of an application under Section 53(45) of the Planning Act, R.S.O. 1990, c.P13, as amended, a request for a Certificate of Cancellation for previous consent files B-35/24, B-36/24, and B-37/24 (retained parcel), for Part Lot 32, Plan 27, designated as Part 4, Reference Plan 61R-22814, for the property currently known as 68 Preston Street, be approved, subject to the following conditions: 1. That the administration fee be paid, prior to the issuance of the Certificate of Cancellation. Committee of Adjustment Minutes: May 14, 2026 - 16 2. That the applicant’s solicitor provide the Secretary-Treasurer with a registerable legal description for the Certificate of Cancellation to the satisfaction of the City Solicitor. 3. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, that he/she will provide a copy of the registered Certificate of Cancellation within 60 days of issuance of the Certificate of Cancellation. Reasons: 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 53(45) of the Planning Act to which all Certificates of cancellation 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 applicati
Moved by Member Fitzpatrick, seconded by Member Smith
Carried
Consent File B-36/26 (70 Preston Street) That in the matter of an application under Section 53(45) of the Planning Act, R.S.O. 1990, c.P13, as amended, a request for Certificate of Cancellation for previous consent file B-37/24, for Part Lots 31 and 32, Plan 27, designated as Part 3, Reference Plan 61R-22814, for the property currently known as 70 Preston Street, be approved, subject to the following conditions: 1. That the administration fee be paid, prior to the issuance of the Certificate of Cancellation. 2. That the applicant’s solicitor provide the Secretary-Treasurer with a registerable legal description for the Certificate of Cancellation to the satisfaction of the City Solicitor. 3. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, that he/she will provide a copy of the registered Committee of Adjustment Minutes: May 14, 2026 - 17 Certificate of Cancellation within 60 days of issuance of the Certificate of Cancellation. Reasons: 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 53(45) of the Planning Act to which all Certificates of cancellation 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 heari
Moved by Member Fitzpatrick, seconded by Member Smith
Carried
Consent File B-37/26 (72 Preston Street) That in the matter of an application under Section 53(45) of the Planning Act, R.S.O. 1990, c.P13, as amended, a request for Certificate of Cancellation for previous consent file B-36/24, for Part Lot 31, Plan 27, designated as Part 2, Reference Plan 61R-22814, for the property currently known as 72 Preston Street, be approved, subject to the following conditions: 1. That the administration fee be paid, prior to the issuance of the Certificate of Cancellation. 2. That the applicant’s solicitor provide the Secretary-Treasurer with a registerable legal description for the Certificate of Cancellation to the satisfaction of the City Solicitor. 3. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, that he/she will provide a copy of the registered Certificate of Cancellation within 60 days of issuance of the Certificate of Cancellation. Reasons: 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 53(45) of the Planning Act to which all Certificates of cancellation must adhere. Committee of Adjustment Minutes: May 14, 2026 - 18 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
Moved by Member Fitzpatrick, seconded by Member Smith
Carried
1. That this hearing of the Committee of Adjustment be adjourned. (6:08 p.m.)