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Committee of Adjustment
January 15, 2026
What was decided (12 motions)
11 carried, 1 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 the 2026 Chair for the City of Guelph Committee of Adjustment.
Moved by R. Speers, seconded by P. Membreño
Carried
That in accordance with Section 44(7) of the Planning Act, R.S.O. 1990, c. P.13, Janet Goodfellow be elected the 2026 Vice Chair for the City of Guelph Committee of Adjustment.
Moved by J. Smith, seconded by P. Fitzpatrick
Carried
That the minutes from the November 27, 2025 and December 11, 2025 Regular Hearings of the Committee of Adjustment, be approved as circulated. Committee of Adjustment Minutes: January 15, 2026 - 2
Moved by N. Mir, seconded by P. Fitzpatrick
Carried
That consent application files B-80/25, B-81/25 and minor variance file A-2/26 for 72, 70 and 74 Preston Street, be
Moved by R. Speers, seconded by N. Mir
Deferred
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 Block 6, Registered Plan 61M-176, currently known as 96 Cooper Drive, a parcel of land (noted as Proposed Severed Parcel 1), with frontage along Phelan Court of 63 metres, and an area of 1.7 hectares, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated December 18, 2025, project number 34941-25, be approved, subject to the following conditions: 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 indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference
Moved by N. Mir, seconded by R. 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 severance of Part of Block 6, Registered Plan 61M-176, currently known as 96 Cooper Drive, a parcel of land (noted as Proposed Severed Parcel 2), with frontage along Phelan Court of 129 metres, and an area of 1.7 hectares, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated December 18, 2025, project number 34941-25, be approved, subject to the following conditions: 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 Committee of Adjustment Minutes: January 15, 2026 - 5 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 indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must
Moved by N. Mir, seconded by R. 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 severance of Part of Block 6, Registered Plan 61M-176, currently known as 96 Cooper Drive, a parcel of land (noted as Proposed Severed Parcel 3), with frontage along Phelan Court of 99 metres, and an area of 1.2 hectares, substantially in accordance with a sketch prepared by Van Harten Committee of Adjustment Minutes: January 15, 2026 - 6 Surveying Inc., dated December 18, 2025, project number 34941-25, be approved, subject to the following conditions: 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 indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must a
Moved by N. Mir, seconded by R. 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 15.2 of Zoning By-law (2023)- 20790, as amended, for 328 Victoria Road South, to permit a temporary agriculture, vegetation based use on the UR.1 zoned portion of the subject property, when the by-law does not permit an agricultural use in the UR.1 Zone, be approved, subject to the following conditions: 1. That the temporary agriculture, vegetation based use be extended for a maximum of three (3) years from the date of the Committee’s final decision. 2. That the farming shall only take place within the portion of the UR.1 zoned lands identified as “lands currently intended for farming no NHS or APEC concerns” (blue hatch) and “lands intended to be farmed” (purple hatch) on the Farming Limits Plan prepared by the applicant, dated 11/25/2022. Additionally, all agricultural use(s) shall be located outside the Natural Committee of Adjustment Minutes: January 15, 2026 - 8 Heritage System as mapped through the Block Plan conditional approval to the satisfaction of the General Manager of Planning and Building. 3. That prior to the commencement of 2026 farming activity on the “land intended to be farmed” (purple hatched), the applicant will submit details demonstrating that agricultural uses will be maintained outside of the Natural Heritage System, as mapped through the Block Plan conditional approval. This must include an updated figure that clearly
Moved by R. Speers, 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 Section 4.12.1(g)(vii) and 4.12.1(g)(viii) of Zoning By-law (2023)-20790, as amended, for 8 Marksam Road, to permit: a. a minimum right side yard setback of 1.2 metres for the proposed additional dwelling unit in a separate building on the same lot, when the By-law requires that an additional dwelling unit in a separate building on a lot shall have a minimum interior side yard consistent with the required interior side yard setback for the primary dwelling unit in the RL.1 zone to a minimum of 1.2 metres; and b. a minimum distance of 1.83 metres between the existing primary dwelling and the proposed additional dwelling unit in a separate building on the same lot, when the By-law requires a minimum distance of 3 metres be provided between the primary building and an additional dwelling unit in a separate building on the same lot, be approved, subject to the following condition: 1. That no doorways face the right-side interior side yard setback where the interior side yard setback is less than 1.5 metres, to the satisfaction of the General Manager of Planning and Building. Reason: This application is approved, as it is the opinion of the Committee that, with 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 o
Moved by N. Mir, seconded by P. Membreño
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 Table 5.3.2 Row 3, Section 5.3.3.1.67.3.4, Section 5.3.3.1.67.3.1, and Section 5.3.2.5.2 of Zoning By-law (1995)-14864, as amended, for 520 Speedvale Avenue East to permit: a. a minimum lot area per dwelling unit of 143 square metres, when the By-law requires a minimum lot area per dwelling unit of 150 square metres; b. a maximum of 56 dwelling units, when the By-law requires a maximum of 52 dwelling units; c. a maximum density of 69.75 units per hectare, when the By-law requires a maximum density of 64.75 units per hectare; and d. a minimum private amenity area of 9 square metres per dwelling unit for above-grade stacked townhouse units, when the By-law requires a minimum private amenity area of 10 square metres for above grade units in stacked townhouses; Committee of Adjustment Minutes: January 15, 2026 - 11 and variances from Section 18.6.11(a)(iv), Section 18.6.11(a)(i), and Additional Regulation 13 of Table 6.18 of Zoning By-law (2023)-20790, as amended, for 520 Speedvale Avenue East, to permit: a. a maximum of 56 dwelling units, when the By-law requires a maximum of 52 dwelling units; b. a maximum density of 69.75 units per hectare, when the By-law requires a maximum density of 64.75 units per hectare; and c. a minimum private amenity area of 9 square metres per dwelling unit for above-grade stacked townhouse units, when the By-law requires a min
Moved by R. Speers, 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, variances from the requirements of Section 18.19.6(b)(i) of Zoning By-law (2023)-20790, as amended, for 121 Hanlon Creek Boulevard, to permit the minimum parking requirements to be in accordance with Table 5.3 (Required parking rates in all zones except downtown zones), despite Section 18.19.6(b)(i), when the By-law requires a minimum of 1 off-street parking space per 23 square metres of gross floor area [total of 332 parking spaces required], 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 N. Mir
Carried
That this hearing of the Committee of Adjustment be adjourned (4:40 p.m.).