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 2025 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, Janet Goodfellow be elected the 2024 Vice Chair for the City of Guelph Committee of Adjustment.

That the minutes from the December 12, 2024 Regular Hearing of the Committee of Adjustment, be approved as circulated.

That minor variance application file A-1/25 for 26 Eramosa Road, 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 for severance of Part Lots 4 and 5, Lots 6 and 7, Committee of Adjustment Minutes: January 16, 2025 - 3 Registered Plan 359, currently known as 47 Hyland Road and 87 Hyland Road, a parcel of land with frontage along Hyland Road of 302.1 metres, and an area of 4.55 hectares, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., December 20, 2024, project number 21203-13 be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, the applicant shall submit a Tree 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. 2. That prior to the issuance of the Certificate of Official, the Owner(s) shall convey to the City at no charge, to the satisfaction of the General Manager/City Engineer, a road widening in accordance with the Official Plan along a portion of the frontage of the severed lands. 3. That prior to issuance of a building permit, the applicant makes arrangement for provision of hydro servicing to the severed parcel, satisfactory to the ICI and Layouts Department of Alectra Utilities. The servicing costs would be at the applicant’s expense. 4. That prior to the issuance of the Certificate of Official, the Owner shall ent

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 5.2.2(a), Table 5.3 Row 2, Section 4.14.4(a)(i) and 4.14.4(a)(ii), Table 6.12, Table 6.10 and Section 5.2.4(d) of Zoning By-law (2023)-20790, as amended, for 5 Nicholas Way, to permit: a. parking spaces to be located in the exterior side yard, and permit parking spaces to be located a minimum of 1.7 metres from the rear lot line and a minimum of 1.1 metres from the exterior side yard lot line, when the By-law requires that for any cluster, stacked, back-to-back, stacked back-to-back townhouse, and apartment buildings, every parking space for the uses specified shall be located in the interior side yard or rear yard, and any parking area or parking space shall be setback 3 metres from any lot line; b. a minimum of 40 parking spaces on the subject property, when the By-law requires that for an apartment building, for the first 20 dwelling units, a minimum of 1.5 parking spaces per dwelling unit is required, and for each dwelling unit in excess of 20, a minimum of 1.25 parking spaces per dwelling unit is required, with a minimum of 20 percent of the required parking spaces shall be for the use of visitor parking [total of 43 parking spaces required]; c. a building height with an angular plane from the centre line of the street (Nicholas Way) to be a maximum of 48.24 degrees, when the By-law requires that building heights shall not exceed Committee

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 4.13.1(a) of Zoning By-law (2023)-20790, as amended, for 47-75 Willow Road, to permit an outdoor patio on the subject property, when the By-law requires that no outdoor patio is permitted on a lot where more than one lot line adjoins lands which are in a residential zone, be approved, subject to the following conditions: 1. That the proposed patio maintains the general size and location shown in the submitted site plan sketch to the satisfaction of the General Manager of Planning and Building Services. 2. The subject property is over 0.2 hectares (0.5 acres) in size and regulated under the City’s Private Tree By-law. Therefore prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree 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. Committee of Adjustment Minutes: January 16, 2025 - 8 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 commi

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 18.10.7(a) of Zoning By-law (2023)-20790, as amended, for 360 Woolwich Street, to permit a maximum of 7 apartment dwelling units on the subject property, when the By-law requires that a maximum of 6 apartment dwelling units in the MOC-7 Zone, be approved. Committee of Adjustment Minutes: January 16, 2025 - 9 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.

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 6.3 and Table 4.7.5A of Zoning By- law (2023)-20790, as amended, for 33 Wellington Street West, to permit: a. a minimum front yard setback of 0.509 metres for the proposed addition (enclosed front porch), when the By-law requires that for lots within the Older Built-Up Area Overlay, a minimum front yard setback shall be the average of the established setbacks of Committee of Adjustment Minutes: January 16, 2025 - 10 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 front yard setback shall be 6 metres; b. a minimum right side yard setback of 0.926 metres for the proposed addition (enclosed front porch), when the By-law requires that the minimum interior side yard setback be 1.5 metres for a property located in the RL.1 Zone; and c. the proposed exterior stairs and landing to be setback a minimum of 1.26 metres from the front lot line, when the By- law requires a minimum front yard setback of 2 metres for a covered porch and stairs, be approved, subject to the following condition: 1. That the proposed enclosed porch maintain the general size and location shown in the submitted site plan sketch to the satisfaction of the General Manager of Planning and Building Services. Reason: This application is approved, as it is the opin

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 4, Con 2 Division 'E', designated as Part 23, Plan 61R-20091 together with an easement over Parts 5 to 18, Plan 61R-20091 as in WC378930, subject to an easement over Part 23, 61R- 20091 in favour of Parts 13, 14, 15, 16, 17 and 18, 61R-20091 as in WC378930; Part road allowance between Divisions 'B' and 'E' (closed by By-law (2002)-16831 as in LT78956), designated as Part 24, Plan 61R-20091 together with an easement over Parts 5 to 18, Plan 61R-20091 as in WC378930 subject to an easement over Part 24 61R-20091 as in WC278930 subject to an easement over Part 24 61R20091 in favour of Parts 9, 10, 11 and 12, 61R-20091 as in WC378930; and Part Lot 6, Concession 1, Division 'B', designated as Parts 1, 2, 3, 4, 25 and 26 Plan 61R- 20091, Township of Guelph-Eramosa together with an easement over Parts 5 to 18 Plan 61R-20091, as in WC378930 subject to an easement over Parts 25 and 26 61R-20091 in favour of Parts 5, 6, 7 and 8, 61R-20091 as in WC378930, currently known as 141 Elmira Road South, a parcel of land with frontage along frontage along Elmira Road South of 215.17 metres, a depth of 293.7 metres, and an area of 5.93 hectares, substantially in accordance with a sketch prepared by J.D Barnes Ltd., December 20, 2024, project number 24-14-203-03 be approved, subject to the following conditions: 1. That prior to the issuance of the Certific

That minor variance application file A-9/25 for 45 Oak Street, be

That this hearing of the Committee of Adjustment be adjourned. (5:54 p.m.)