The Guelph Record

Committee of Adjustment

July 10, 2025

What was decided (13 motions)

13 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That in accordance with Section 44(7) of the Planning Act, R.S.O. 1990, c. P.13, James Smith be elected Chair for the City of Guelph Committee of Adjustment for the remainder of 2025.
Moved by J. Goodfellow, seconded by R. Speers
Carried
That in accordance with Section 44(7) of the Planning Act, R.S.O. 1990, c. P.13, Janet Goodfellow be elected Vice Chair for the City of Guelph Committee of Adjustment for the remainder of 2025.
Moved by J. Smith, seconded by P. Membreño
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 severance of Part Lot 14, Concession 8, Part Road Allowance Between Concessions 7 and 8, Parts 5 and 6 on Plan 61R-261, formerly Township of Puslinch, City of Guelph, currently known as 2162 Gordon Street, a parcel of land with frontage along Gordon Street of 127.4 metres, a depth of 1,022.6 metres, and an area of 158,496 square metres (15.85 hectares), substantially in accordance with a sketch prepared by J.D. Barnes, dated June 21, 2024 project number 21-14-513-01, be approved subject to the following conditions: Committee of Adjustment Minutes: July 10, 2025 - 4 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. 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 indi
Moved by R. Speers, seconded by J. 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 the requirements of Section 4.5.4(b) of Zoning By-law (2023)-20790, as amended, for 14 Penni Place, to permit a minimum right side yard setback of 1.19 metres for the existing in-ground swimming pool on the subject property, when the By-law requires that a swimming pool shall be setback a minimum of 1.5 metres from any lot line, 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.
Moved by P. Membreno, seconded by N. 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 the requirements of Table 6.3 Additional Regulation 2(a) of Zoning By-law (2023)-20790, as amended, for 14 Graham Street, to permit a minimum exterior side yard setback of 3.4 metres for the proposed addition to the existing dwelling, when the By-law requires that for lots located within the Older Built-up Area Overlay, that 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, and where the off-street parking space is located within a garage or carport, the setback for the garage or carport shall be a minimum of 6 metres from the street line, 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.
Moved by P. Fitzpatrick, seconded by P. Membreño
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 severance of Lot 9, Plan 475, currently known as 486 College Avenue West, a parcel of land, noted as Proposed Severed Parcel 1, with frontage along College Avenue West of 7.6 metres, a depth of 45.7 metres, and an area of 348 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 5, 2025, project number 34458-25, be approved, subject to the following conditions: 1. That 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 Committee of Adjustment Minutes: July 10, 2025 - 8 General Manager/City Engineer, a stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. All propert
Moved by N. Mir, seconded by J. Goodfellow
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 severance of Lot 9, Plan 475, currently known as 486 College Avenue West, a parcel of land, noted as Proposed Severed Parcel 2, with frontage along College Avenue West of 7.6 metres, a depth of 45.7 metres, and an area of 348 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 5, 2025, project number 34458-25, be approved, subject to the following conditions: 1. That 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 Committee of Adjustment Minutes: July 10, 2025 - 11 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 stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. All proper
Moved by N. Mir, seconded by J. Goodfellow
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 severance of Lot 9, Plan 475, currently known as 486 College Avenue West, a parcel of land, noted as Proposed Severed Parcel 3, with frontage along College Avenue West of 7.6 metres, a depth of 45.7 metres, and an area of 348 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 5, 2025, project number 34458-25, be approved, subject to the following conditions: 1. That 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 Committee of Adjustment Minutes: July 10, 2025 - 14 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 stormwater management and functional servicing report for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering Manual. All proper
Moved by N. Mir, seconded by J. Goodfellow
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 severance of Lot 28, Plan 42, currently known as 17 Emslie Street, a parcel of land with frontage along Emslie Street of 8.2 metres, a depth of 34.9 metres, and an area of 285 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 6, 2025, project number 34472-25, 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 stormwater management and functional servicing 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. 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 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 servicing plan for the severed and retained lands that has been prepared in accordance with the City of Guelph’s Development Engineering
Moved by R. Speers, seconded by J. Ross
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 severance of Part Lot 19, Registered Plan 487, currently known as 4 June Avenue, a parcel of land with frontage along June Avenue of 7.77 metres, a depth of 32 metres, and an area of 248.7 square metres, substantially in accordance with a sketch prepared by GRIT Surveying, dated June 13, 2025, project number GE25-1167-1, 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, 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 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 prior to the issuance of the Certificate of Official, t
Moved by P. Fitzpatrick, seconded by N. 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, variances from the requirements of Section 4.5.1(b)(ii) of Zoning By-law (2023)-20790, as amended, for 279 Kathleen Street, to permit: a. a minimum setback of 0.41 metres from the rear and right side lot lines for the existing accessory building (shed) in the rear yard of the subject property, when the By-law requires that an accessory building is setback a minimum of 0.6 metres from any lot line; and b. a minimum setback of 0.41 metres from the rear and left side lot lines for the proposed accessory building (shed) in the rear yard of the subject property, when the By-law requires that an accessory building is setback a minimum of 0.6 metres from any lot line, Committee of Adjustment Minutes: July 10, 2025 - 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 the proposed shed and existing shed match the general size and
Moved by N. Mir, seconded by P. Fitzpatrick
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 the requirements of Table 6.3 of Zoning By-law (2023)-20790, as amended, for 36 Verney Street, to permit a minimum rear yard setback of 4.72 metres for the proposed water booster pumping station building, when the By-law requires a minimum rear yard setback of 7.5 metres or 20 percent of the lot depth, whichever is less, 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.
Moved by P. Membreno, seconded by J. Goodfellow
Carried
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 6.21 of Zoning By-law (2023)-20790, as amended, for 107-109 Waterloo Avenue, to permit: a. a minimum 2.38 metre setback from the stairwell projection to the lot line for the proposed interior stairway addition, when the By-law requires a minimum interior side yard setback of 3 metres; b. a buffer strip with a minimum width of 2.38 metres to the left side lot line for the proposed interior stairway addition, when the By-law requires a minimum 3 metre buffer strip adjacent to interior side lot lines; c. stairs to be located within the 3 metre buffer strip, with a setback of 1.67 metres from the interior lot line, for the proposed ramp, when the By-law requires a minimum 3 metre buffer strip adjacent to the rear lot lines; and Committee of Adjustment Minutes: July 10, 2025 - 28 d. a concrete path to be located within the 3 metre buffer strip, to service the proposed ramp, when the By-law requires a minimum 3 metre buffer strip adjacent to interior side and rear lot lines, be approved, subject to the following condition: 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 T
Moved by J. Goodfellow, seconded by R. Speers
Carried

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