Committee of Adjustment

That the minutes from the May 11, 2023 Regular Hearing of the Committee of Adjustment, be approved as circulated.

That minor variance application A-37/23 for 5 Nicholas Way, 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 7.3.3 of Zoning By-law (1995)-14864, as amended, for 111 Watson Road South, to permit an off-street loading space that is partially visible from a public street, when the By-law requires a landscaped strip consisting of trees, shrubbery, and/or berms to screen an off-street loading space so that it is not visible from any public street, and a variance from the requirements of Section 5.4(b) of Zoning By-law (2023)- 20790, as amended, for 111 Watson Road South, to permit an off-street loading space that is partially visible from a public street when the By-law requires all loading spaces facing a public street be screened with a minimum 3 metre wide buffer strip, be approved, subject to the following condition: 1. That revised landscape plans showing partial screening of the off-street loading space in accordance with the Public Notice sketch shall be submitted through the site plan application process and be approved by the General Manager of Planning and Building Services. 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 subm

That in the matter of an application under Section 45(2)(a)(ii) of the Planning Act, R.S.O. 1990, c.P13, as amended, permission to change a legal non-conforming use to a similar or more compatible use at 265 Edinburgh Road South to permit the following uses on the subject property: medical office, medical clinic, office, and rental outlet, be approved, subject to the following condition: 1. That a rear yard fence be constructed on the subject property, outside the sight line triangle for the rear neighbouring property. This motion was

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 7.1.3 of Zoning By-law (1995)-14864, as amended, for 80 Regal Road, to permit an agriculture, vegetation based use as an additional permitted use on the subject property, when the By-law permits a variety of uses in the B.4 Zone, including a temporary agriculture vegetation based use, but does not permit an agriculture, vegetation based use as a permanent 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 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 application A-32/23 for 60 Ontario 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 Table 6.1.2 Row 6 Zoning By-law (1995)-14864, as amended, for 59 Division Street, to permit a minimum rear yard setback of 2 metres for the proposed second-storey addition to the existing building, when the By-law requires a minimum rear yard setback of 6 metres for properties located in the C.1 Zone, and a variance from the requirements of Table 8.3 of Zoning By-law (2023)-20790, as amended, for 59 Division Street, to permit a minimum rear yard setback of 2 metres for the proposed second-storey addition to the existing building, when the By-law requires a minimum rear yard setback of 20% of the lot depth to a maximum of 7.5 metres for properties located in the CC Zone, 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 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Sections 4.15.1.7.8 and 4.15.1.7.4 of Zoning By-law (1995)-14864, as amended, for 204 Alma Street North, to permit: a. a minimum left side yard setback of 0.54 metres for the proposed additional residential dwelling unit within a separate building on the lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum side and rear yard setback consistent with the side yard setback for the primary dwelling [1.5 metres]; and b. a maximum building height of 5 metres for the proposed additional residential dwelling unit within a separate building on the lot, when the By-law requires that the maximum building height of an additional residential dwelling unit within a separate building on the same lot shall be 5 metres, and shall not exceed an overall building height of primary dwelling [4.775 metres] and variances from the requirements of Section 4.12.1(d)(vii) and 4.12.1(d)(iii) of Zoning By-law (2023)-20790, as amended, for 204 Alma Street North, to permit: a. a minimum left side yard setback of 0.54 metres for the proposed additional residential dwelling unit within a separate building on the lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum interior side yard and rear yard setback consistent wit

That minor variance application A-34/23 for 204 Alma Street North, be

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 15, Concession 5, formerly Township of Puslinch, currently known as 51 Hazelwood Drive, a parcel with a frontage on Hazelwood Drive of 17.78 metres, and an area of 956.9 square metres, substantially in accordance with a sketch prepared by J.D. Barnes Ltd., dated April 26, 2023, reference number 23-14-888-01, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, a portion of the existing garage shall be removed to ensure that a minimum 1.5 metre setback for the existing dwelling is met to the satisfaction of the Chief Building Official. 2. That prior to the issuance of the Certificate of Official or prior to undertaking activities which may injure or destroy regulated trees (whichever occurs first), the applicant shall submit a Tree Inventory and Preservation Plan (TIPP) as per the requirements of the City’s Tree Technical Manual for review and approval by the General Manager of Planning and Building Services. 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 brief for the severed and retained lots that has been designed in accordance with the City of Guelph’s Development Engineering Manual. 4. That prior to the issuance of the Certificate of O

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 5.1.2 Row 7 and Section 5.1.2.1 of Zoning By-law (1995)-14864, as amended, for 92 Huron Street, to permit a minimum right side yard setback of 0.32 metres for the proposed addition at the rear of the existing dwelling, when the By-law requires a minimum side yard setback of 1.5 metres, and where a garage, carport or parking space is not located a minimum of 6 metres from the street line and to the rear of the front wall of the main building, one side yard shall have a minimum dimension of 3 metres, and and variances from the requirements of Table 6.3 of Zoning By- law (2023)-20790, as amended, for 92 Huron Street, to permit a minimum right side yard setback of 0.32 metres for the proposed addition at the rear of the existing dwelling when the By-law requires a minimum interior side yard of 1.2 metres on one side of a dwelling unit, and a minimum of 0.6 metres on the other side in the RL.2 Zone 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 bee

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 7.3 Row 12, and Sections 4.9.1, 7.3.3.10.4.2, and 7.3.3.11.3.2 of Zoning By-law (1995)-14864, as amended, for 384 Crawley Road, to permit: a. a maximum building height of 46 metres, when the By-law permits a maximum building height of 20 metres in the Industrial (B.3) Zone; and b. garbage or refuse storage to be permitted outside of the principal building or any accessory building or structure, and located within any yard or location on site, partially screened from view, when the By-law requires that no garbage or refuse shall be stored on any lot in any zone except within the principal building or any accessory building or structure on such lot or in a container in a side yard or rear yard of such lot, and requires within the B.3-10 and B.3-11 Zones, that garbage, refuse and storage composters shall be setback a minimum of 14 metres from Maltby Road and must be visually screened from any public street by a fence, wall or berm; and variances from the requirements of Table 10.4, Sections 4.9(a), 4.9(b), 18.18.14(e)(v), 18.18.15(c)(vii), 5.3.1(e), 5.4(a), 5.4(b), 4.11(f), Table 10.3, and Table 10.4 of Zoning By-law (2023)-20790, as amended, for 384 Crawley Road, to permit: a. a maximum building height of 46 metres, when the By-law permits a maximum building height of 20 metres in the Industrial (B) Zone; b. garbage or refuse sto

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 6.5.3.37.1 of Zoning By-law (1995)-14864, as amended, for 512 Woolwich Street, to permit a day care centre use as an additional permitted use on the subject property, when the By-law permits a variety of uses in the OR-37 Zone, but does not permit a day care 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 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 this hearing of the Committee of Adjustment be adjourned. (8:36 p.m.)