The Guelph Record

Committee of Adjustment

November 13, 2025

Declared interests

Member J. Rossrelated to file B-53/25 (47 and 87 Hyland Road) as she lives in the neighbourhood where this application is located and indicated she wishes to avoid the appearance of bias that may occur if she were to participate in the decision and discussion on the item

What was decided (16 motions)

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

1. That the minutes from the October 9, 2025 Regular Hearing of the Committee of Adjustment, be approved as circulated.
Moved by P. Fitzpatrick, seconded by J. Ross
Carried
Committee of Adjustment Minutes: November 13, 2025 - 2 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 4.1 Row 7 and Table 4.7.1 of Zoning By-law (2023)-20790, as amended, for 90 Tovell Drive, to permit: a. a minimum left side yard setback of 0.38 metres for the exterior stairs, when the By-law requires a minimum interior side yard setback of 0.6 metres for exterior stairs; and b. a minimum left side yard setback of 0.38 metres for the awning above the door, when the By-law requires a minimum setback from a lot line of 0.5 metres for canopies and awnings above a door or window, 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 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 Part Lots 5, 6 and 7, Plan 359, designated as Parts 2 and 3, Reference Plan 61R-22946, currently known as 47 and 87 Hyland Road, a parcel of land, with frontage along Hyland Road of 27.4 metres, and an area of 0.14 hectares, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 9, 2025, project number 34367-25, be approved, subject to the following conditions: 1. That all conditions for the previously approved severance (B- 46/24) be cleared and the severance be registered prior to the issuance of the Certificate of Official. 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. 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. Committee of Adjustment Minutes: November 13, 2025 - 4 4. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared,
Moved by J. Goodfellow, 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, a variance from Section 5.2.1(a)(i) of Zoning By-law (2023)-20790, as amended, for 62 Victoria Road North, to permit one required parking space to be located a minimum distance of 0.84 metres from the street line, and to the front of the front wall of the dwelling, when the By-law requires that one required parking space shall be located a minimum distance of 6 metres from the street line, and to the rear of the front wall of the main building, be refused. Reason: This variance request is refused, as it is the opinion of the Committee that this request does not meet all four tests under Section 45(1) of the Planning Act, specifically being that the requested variance does not meet the general intent and purpose of the Zoning By-law and is not minor in nature, based on reasons outlined in the staff comments.
Moved by J. Ross, 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 Table 10.3, Section 18.19.4(c)(i), Table 5.3 Row 68, and Section 5.4(a) of Zoning By-law (2023)-20790, as amended, for 345 Hanlon Creek Boulevard, to permit: a. a maximum exterior side yard setback of 83 metres for the proposed warehouse expansion, when the By-law requires a maximum exterior side yard setback of 25 metres; b. a maximum front yard setback of 95 metres for the proposed warehouse expansion, when the By-law requires a maximum front yard setback of 25 metres; c. a maximum building height of 12.2 metres for the proposed warehouse expansion, when the By-law requires a maximum building height of 8 metres; d. a total of 125 parking spaces for the subject property, when the By-law requires a minimum parking rate for warehouse use of 0.5 parking spaces per 100 square metres of gross floor area [requiring a total of 132 parking spaces for the subject property]; and e. loading spaces to be located along an exterior side wall of a building facing a public street, when the By-law requires that all loading spaces shall be located to the rear of the front wall of a building or to the rear of an exterior side wall of a building facing a public street, be approved. Committee of Adjustment Minutes: November 13, 2025 - 7 Reason: This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1)
Moved by P. Fitzpatrick, 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 Table 4.7.5A and Table 4.7.7A of Zoning By-law (2023)-20790, as amended, for 81 Farquhar Street, to permit: Committee of Adjustment Minutes: November 13, 2025 - 8 a. a minimum front yard setback of 0 metres for the proposed open, roofed porch not exceeding 1 storey in height with associated stairs, when the By-law requires a minimum front yard setback of 2 metres for an open, roofed porch not exceeding 1 storey in height and associated stairs; and b. a minimum front yard setback of 0 metres for the proposed uncovered porch above 1.2 metres in height with associated stairs to be located on the second storey, when the By-law requires a minimum front yard setback of 0.8 metres for an uncovered front porch above 1.2 metres to a maximum height not exceeding the main floor/entry level, 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. Membreño, seconded by N. 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 severance of Lot 57, Plan 552, currently known as 9 Monticello Crescent, a parcel of land (noted as Proposed Severed Parcel 1), with frontage along Monticello Crescent of 7.6 metres, and an area of 313 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated October 10, 2025, project number 34882-25, 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 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. All properties shall be independently serviced. Committee of Adjustment Minutes: Novemb
Moved by P. Fitzpatrick, 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 Lot 57, Plan 552, currently known as 9 Monticello Crescent, a parcel of land (noted as Proposed Severed Parcel 2), with frontage along Monticello Crescent of 7.6 metres, and an area of 312 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated October 10, 2025, project number 34882-25, 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 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. All properties shall be independently serviced. Committee of Adjustment Minutes: Novemb
Moved by P. Fitzpatrick, 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 Lot 57, Plan 552, currently known as 9 Monticello Crescent, a parcel of land (noted as Proposed Severed Parcel 3), with frontage along Monticello Crescent of 7.6 metres, and an area of 311 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated October 10, 2025, project number 34882-25, 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 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. All properties shall be independently serviced. Committee of Adjustment Minutes: Novemb
Moved by P. Fitzpatrick, 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 long-term lease in excess of 21 years for Plan 8, Block Land North of Northumberland Street, West of Norfolk Street, South of Cork Street and East of Dublin Street, currently known as 19 Northumberland Street and 28 Norfolk Street, over portion of the property containing the existing St. John Bosco Catholic School (shown as Part 1 of Plan 61R-1223 and Plan 61R- 1285) comprising an area of 2,159.12 square metres, along with consent for a long-term lease in excess of 21 years for a portion of the property containing the associated access easements (shown as Parts 2 and 3 of Plan 61R-1223 and Parts 2, 3 and 4 of Plan 61R-1285) comprising an area of 1,811.25 square metres, substantially in accordance with a sketch prepared by Black, Shoemaker, Robinson Committee of Adjustment Minutes: November 13, 2025 - 19 and Donaldson Limited, dated December 8, 1975, project number 75-5065, 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 regist
Moved by J. Goodfellow, seconded by N. 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 severance of Block 160, Plan 61M-39, Parts 1 and 2 of Plan 61R-8723, currently known as 137 and 139 Gosling Gardens, a parcel of land (137 Gosling Gardens) with frontage along Gosling Gardens of 6.73 metres, and an area of 368.5 square metres, substantially in accordance with a sketch prepared by Black, Shoemaker, Robinson and Donaldson Limited, dated April 18, 2001, project number 00-2682-17, 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 the applicant’s solicitor provide a registerable legal description for the Certificate of Official to the satisfaction of the City Solicitor. 4. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the Committee of
Moved by P. Fitzpatrick, seconded by N. Mir
Carried
That a waiver of 100 percent ($286) of the consent administration fee for consent file B-68/25 (137 and 139 Gosling Gardens) be refused.
Moved by J. Goodfellow, 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, variances from Section 4.6.2(b) and Table 4.7.5A of Zoning By-law (2023)-20790, as amended, for 68 Albert Street, to permit: a. the existing open, roofed front porch be located within the sight line triangle, when the By-law requires within any part of a sight line triangle at vehicular access area no building, structure, play equipment, statue, swimming pool/hot tub or parked motor vehicle shall be located; b. a minimum front yard setback of 0.66 metres for the existing open, roofed front porch, when the By-law requires a minimum front yard setback of 2 metres for an open, roofed porch not exceeding 1 storey in height in the front yard and associated stairs; and c. a minimum front yard setback of 0 metres for the existing stairs for the existing open, roofed front porch, when the By-law requires a minimum front yard setback of 2 metres for an open, roofed porch not exceeding 1 storey in height in the front yard and associated stairs be approved subject to the following condition: 1. That prior to the issuance of a building permit, the owner(s) shall enter into, or amend any existing, encroachment agreement(s) in accordance with City Lands Encroachments By- law (2009)-18799 as may be amended from time to time, or any successor By-law(s) thereto, at the discretion of the City Committee of Adjustment Minutes: November 13, 2025 - 23 and to the satisfaction of the City So
Moved by N. Mir, seconded by P. Fitzpatrick
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 30, North East of Perth Street, Registered Plan 40, currently known as 267 Arthur Street North, a parcel of Committee of Adjustment Minutes: November 13, 2025 - 24 land with frontage along Arthur Street North of 10.5 metres, and an area of 310 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated October 10, 2502, project number 34734-25, 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 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. All properties shall be inde
Moved by P. Membreño, 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 Table 6.7 Additional Regulation 2a) and Section 4.6.1(a) of Zoning By-law (2023)-20790, as amended, for 267 Arthur Street North, to permit: a. a minimum exterior side yard setback of 3 metres for the proposed severed parcel, when the By-law requires that for lots within the Older Built-Up Area Overlay, a minimum exterior side yard setback shall be 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 exterior yard setback shall be 6 metres; and b. a driveway and parked vehicles to be located within the sight line triangle for the proposed severed parcel, when the By-law requires on a corner lot in any zone, no building, structure, play equipment, statue, swimming pool, hot tub or parked motor vehicle may be located within the sight line triangle formed by joining the point of intersection to points on each street line, measured 9 metres from that point of intersection be approved, subject to the following condition: 1. That consent application file B-69/25, receive final certification of the Secretary-Treasurer and be registered on title. 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 fo
Moved by P. Membreño, seconded by J. Goodfellow
Carried
That this hearing of the Committee of Adjustment be adjourned (8:32 p.m.).
Moved by P. Fitzpatrick, seconded by J. Goodfellow
Carried

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