Committee of Adjustment

That in accordance with Section 44(7) of the Planning Act, R.S.O. 1990, c. P.13, James Smith be elected the 2023 Chair for the City of Guelph Committee of Adjustment.

That in accordance with Section 44(7) of the Planning Act, R.S.O. 1990, c. P.13, K. Meads be elected the 2023 Vice Chair for the City of Guelph Committee of Adjustment.

That the minutes from the December 8, 2022 Regular Hearing of the Committee of Adjustment, be approved as circulated.

That consent application B-1/23 for 280 Speedvale Avenue West, be

That minor variance application A-1/23 for 29-31 Paisley Street, 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 to create the following severance over Lots 38 and 39, Registered Plan 480, currently known as 140 Mary Street, of a parcel of land with frontage along Mary Street of 16.2 metres and an area of 495 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated November 29, 2022, project number 30949-22, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, the existing house shall be demolished to the satisfaction of the Chief Building Official. 2. That prior to the issuance of a building permit, the applicant shall contact Forestry staff to determine if any City-owned trees will be impacted and if they are, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) to the satisfaction of the General Manager of Parks. 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, the following studies, plans and reports: a. a stormwater management report and plans certified by a Professional Engineer in accordance with the City’s Guidelines and the latest edition of the Ministry of the Environment’s "Stormwater Management Practices Planning and Design Manual," which addresses the quantity and quality of stormwater discharge from the Site toget

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 8.1.2 of Zoning By-law (1995)-14864, as amended, for 328 Victoria Road South, to permit a temporary agriculture, vegetation based use on the I.2 zoned portion of the subject property, when the By-Law requires does not permit an agricultural use in an I.2 Zone, be approved, subject to the following conditions: 1. That the temporary agriculture, vegetation based use be permitted for a maximum of three (3) years from the date of the Committee’s final decision. 2. That farming shall only take place within the portion of the I.2 zoned lands identified as “lands currently intended for farming no NHS or APEC concerns” (blue hatch) and “land intended to be farmed” (purple hatch) on the map titled Farming Variance prepared by the applicant dated 11/25/2022. Prior to the commencement of farming on the “land intended to be farmed” (purple hatch), the applicant will submit information demonstrating that it will be maintained outside of the Natural Heritage System for approval and to the satisfaction of the General Manager of Planning and Building Services. 3. That the Fusion development signage on the lands be removed within 30 days of Committee’s final decision. Reason: This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets all four tests under Secti

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, Section 5.1.2.1 and Section 4.13.2.1 of Zoning By-law (1995)-14864, as amended, for 34 Dublin Street South, to permit: a. a minimum left side yard setback of 0.79 metres for the proposed one-storey addition to the existing detached dwelling, when the By-law requires a minimum side yard setback of 1.5 metres for 1 to 2 storey dwellings in an R.1B Zone; b. a minimum right side yard setback of 1.52 metres for the proposed one-storey addition to the existing detached dwelling, when the By-law requires that where a garage, carport or parking space is not provided, one side yard setback to be a minimum of 3 metres; and c. a required parking space to be located a minimum of 5.5 metres from the street line, when the By-law requires that a required parking space in an R.1B Zone be located at a minimum of 6 metres from the street line, and to the rear of the front wall of the main building 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 ba

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, Section 5.1.2.8, Table 4.7 Row 3, and Section 4.13.2.1 of Zoning By-law (1995)- 14864, as amended, for 81 Yorkshire Road North, to permit: a. a minimum left side yard setback of 0.96 metres for the proposed dwelling, when the By-law requires a minimum side yard setback of 1.5 metres for a dwelling over two-storeys located within Defined Area Map Number 66 of the By-Law; b. an open, roofed porch not exceeding one (1) storey in height to be located a minimum of 0.4 metres from the front lot line, when the By-law requires that an open, roofed porch not exceeding one (1) storey in height have a minimum setback of 2 metres from the front lot line; and c. the required parking spaces to be located a minimum of 1.65 metres from the street line, when the By-law requires that every required parking space in a R.1B Zone be located a minimum of 6 metres from the street line, and to the rear of the front wall of the main building be approved, subject to the following conditions: 1. That the height of the new dwelling be limited to 2.5 storeys. 2. That prior to the issuance of a building permit for the new dwelling, the existing shed that crosses the property line be removed or relocated to meet the requirements of the Zoning by-law. 3. That the proposed balcony on the second storey have solid screening on the side adjacent/para

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 4.7, Row 12 of Zoning By-law (1995)-14864, as amended, for 148 Marksam Road, to permit a minimum right side yard setback of 0.46 metres for the proposed exterior stairs, when the By-law requires a minimum side yard setback of 0.6 metres for exterior stairs, be approved, subject to the following condition: 1. That prior to the issuance of a building permit, the applicant provides a grading plan for the proposed development, prepared by a Professional Engineer, to ensure that there is no adverse impact to neighbouring properties, to the satisfaction of the General Manager of Engineering 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 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. (5:06 p.m.)