The Guelph Record

Committee of Adjustment

April 11, 2024

Declared interests

Member G. Sayerrelated to file A-21/24 (30 Brockville Avenue), as they are an acquaintance with one of the applicants

What was decided (7 motions)

6 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That the minutes from the March 14, 2024 Regular Hearing of the Committee of Adjustment, be approved as circulated.
Moved by G. Sayer, seconded by J. Goodfellow
Carried
That consent application file B-14/24 and minor variance application file A-19/24 for 7 Newstead Street, be
Moved by P. Membreno, seconded by G. Sayer
Deferred
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 10.2 and Table 10.4 of Zoning By-law (2023) - 20790, as amended, for 41 Massey Road, to permit: Committee of Adjustment Minutes: April 11, 2024 - 3 a. an office use as an additional standalone permitted use, when the By-law permits a variety of uses in the B Zone, but does not permit a standalone office use; and b. the principal entrance of the proposed new office building to face the right (east) side lot line, when the By-law requires that a principal entrance shall be provided that faces the front lot line or exterior side lot line, be approved, subject to the following condition: 1. That prior to issuance of a building permit, the applicant makes arrangements with the ICI and Layouts Department of Alectra Utilities for the relocation of the existing underground hydro service. This would be at the applicant’s expense. 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 Com
Moved by J. Goodfellow, 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, variances from the requirements of Section 4.5.1(b)(ii) of Zoning By-law (2023)-20790, as amended, for 23 Palmer Street, to permit: a. a minimum right side yard setback of 0.25 metres for the existing accessory structure (shed), when the By-law requires that an accessory building or structure is setback a minimum of 0.6 metres from any lot line; and b. a minimum left side yard setback of 0.25 metres for the existing accessory structure (pergola), when the By-law requires that an accessory building or structure is setback a minimum of 0.6 metres from any lot line, be approved, subject to the following conditions: 1. That the accessory structure variances only apply to the existing accessory structures as shown on the site plan included in the public notice. 2. That an issued building permit for the existing pergola be obtained within 6 months of the 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 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 consider
Moved by R. Speers, seconded by G. Sayer
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 4.5.2.1 of Zoning By-law (1995)-14864, as amended, for 30 Brockville Avenue, to permit a maximum height of 4.52 metres for the proposed accessory building (shed) in the rear yard, when the By-law requires that in a residential zone, an accessory building or structure shall not exceed 3.6 metres in height, and a variance from the requirements of Section 4.5.2(b) of Zoning By-law (2023)-20790, as amended, for 30 Brockville Avenue, to permit a maximum height of 4.52 metres for the proposed accessory building (shed) in the rear yard, when the By-law requires that the maximum height of an accessory building or structure is 4 metres, be approved, subject to the following conditions: 1. That the structure be built in general accordance with the site plan and elevation drawings provided to the Committee of Adjustment. 2. That the existing accessory structure in the front yard be removed or relocated on the property to a location in Committee of Adjustment Minutes: April 11, 2024 - 6 compliance with Section 4.5.1 of Zoning By-law (2023)-20790, as amended, prior to the construction of the proposed shed. 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 Section 45(1) of the Planning Act. Any and all written submissions relating to this
Moved by R. Speers, 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 8.1, and Sections 4.13.1(b), 4.13.1(f) and 4.5.1(b) of Zoning By-law (2023) - 20790, as amended, for 60 Ontario Street, to permit: a. a licensed establishment with an associated outdoor patio in the CC Zone, when the By-law permits a variety of uses in the CC Zone, but does not permit a licensed establishment with an outdoor patio; Committee of Adjustment Minutes: April 11, 2024 - 9 b. the proposed outdoor patio to be located in the front yard and exterior side yard, a minimum of 1 metre from the street line, when the By-law permits, where only the rear lot line adjoins a residential zone, an outdoor patio in the front yard or exterior side yard, provided it is a minimum of 3 metres from the street; c. the proposed outdoor patio to be located outside the building envelope and required setbacks on the site, when the By-law requires an outdoor patio to comply with the building setbacks in the CC Zone; and d. an accessory structure (outdoor patio) to be located in the front yard, when the By-law permits an accessory building or structure in any yard except a front yard or required exterior side yard; be approved, subject to the following conditions: 1. That liquor shall not be offered for sale or sold beyond 12:01 a.m. 2. That the hours of operation for the outdoor patio shall end at 11:00 p.m. 3. That the indoor licensed establis
Moved by R. Speers, seconded by G. Sayer
Carried
That this hearing of the Committee of Adjustment be adjourned. (7:48 p.m.)
Moved by J. Goodfellow, seconded by G. Sayer
Carried

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