The Guelph Record

Committee of Adjustment

April 9, 2026

What was decided (9 motions)

7 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

1. That the minutes from the March 12, 2026 Regular Hearing of the Committee of Adjustment, be approved as circulated.
Moved by Member Fitzpatrick, seconded by Member Mir
Carried
That minor variance application file A-15/26 for 1045 Paisley Road, be
Moved by Member Goodfellow, seconded by Member Membreño
Deferred
That minor variance application file A-17/26 for 124 Clair Road East, be
Moved by Member Mir, seconded by Member Membreño
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 Table 6.29, Table 6.29 Additional Regulation 1, and Table 5.3 of Zoning By-law of Zoning By-law (2023)-20790, as amended, for 106 Sunnylea Crescent, to permit: a. a minimum 0.71 metre buffer strip around the perimeter of the surface parking lot, when the By-law requires a minimum 3 metre buffer strip around the perimeter of surface parking lots; Committee of Adjustment Minutes: April 9, 2026 - 5 b. a minimum interior side yard setback of 3 metres where windows of a habitable room face an interior side yard, when the By-law requires a minimum interior side yard setback of 7.5 metres where windows of a habitable room face an interior side yard; and c. a minimum of 11 parking spaces for the proposed 10 unit apartment building, when the By-law requires a minimum of 1.5 parking spaces per unit [a total of 15 parking spaces required]; be approved, subject to the following conditions: 1. That the requested variances remain in general conformity with the submitted site plan to the satisfaction of the General Manager of Planning and Building Services. 2. Prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory & 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 Plannin
Moved by Member Fitzpatrick, seconded by Member 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 Section 5.2.2(a), Section 5.2.2(b), and Table 6.29 of Zoning By-law of Zoning By-law (2023)-20790, as amended, for 493 Victoria Road North, to permit: a. a minimum setback of 0.6 metres for the proposed surface parking area and parking spaces, when the By-law requires that every parking space 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 setback of 0.9 metres for the surface driveway and surface parking area from a building wall, entrance, or any window of a habitable room, when the By-law requires any surface driveway or surface parking area shall be setback 3 metres from a building wall, entrance or any window of a habitable room; and c. a minimum landscaped open space of 37 percent of the lot area, when the By-law requires that the minimum landscaped open space be 40 percent of the lot area for a building located in the RM.6 Zone be approved, subject to the following condition: 1. Prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit a Tree Inventory & Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Committee of Adjustment Minutes: April 9, 2026 - 7 Manual and to the satisfaction of the General Manager of Planning and B
Moved by Member Mir, seconded by Member 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 6.3 Additional Regulation 2, and Committee of Adjustment Minutes: April 9, 2026 - 8 Table 4.7.5A of Zoning By-law of Zoning By-law (2023)-20790, as amended, for 7 Barton Street, to permit: a. a minimum front yard setback of 4.54 metres, when the By-law requires that for lots located within the Older Built-up Area Overlay, the minimum front yard and/or exterior side yard setback is 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 setback shall be 6 metres; b. a minimum exterior side yard setback of 4.55 metres, when the By-law requires that for lots located within the Older Built-up Area Overlay, the minimum front yard and/or exterior side yard setback is 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 setback shall be 6 metres; and c. a projection of 3.51 metres for the proposed open, roofed front porch, when the By-law requires a maximum projection of 2.4 metres into the front yard for an open, roofed porch not exceeding 1 storey in height; be approved, subject to the following conditions: 1. Prior to undertakin
Moved by Member Mir, seconded by Member 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, a variance from Table 10.1 of Zoning By-law (2023)- 20790, as amended, for 18-587 Hanlon Creek Boulevard, to permit a fitness centre as a permitted use within Unit 18 on the subject property, when the By-law permits a variety of uses in the BP-9 Zone, but does not permit a fitness centre use, 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 maintain the general intent and purpose of the Zoning By-law, is not minor in nature, and is not desirable for the appropriate development of the land, based on reasons outlined in the staff comments. Committee of Adjustment Minutes: April 9, 2026 - 10 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 Member Fitzpatrick, seconded by Member 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 Section 4.5.1(b) and Section 4.16.3(b)(iii) of Zoning By-law (2023)-20790, as amended, for 49 Shadybrook Crescent, to permit: a. the existing accessory structure (shed) to be located in the required exterior side yard, with a minimum exterior side yard setback of 0.5 metres, when the By-law requires that an accessory building or structure may be located in a yard other than a front yard or required exterior side yard; and b. that a fence located in the exterior side yard shall not exceed 0.8 metres in height in the remaining exterior side yard, located Committee of Adjustment Minutes: April 9, 2026 - 11 from the midpoint of the main building towards the front lot line, when the By-law requires the existing fence with a maximum fence height of 1.64 metres in the exterior side yard, located in front of the midpoint of the existing dwelling; be approved, subject to the following conditions: 1. That the accessory structures labelled as “shed” not be used for human habitation, and that the accessory structure variance only apply to the existing structures as shown on the site plan sketch included in the public notice. 2. That the height increase for the fence only applies to the existing fence as shown in the submitted site plan sketch included in the public notice. Reason: This application is approved, as it is the opinion of the Committee that with the abo
Moved by Member Goodfellow, seconded by Member Fitzpatrick
Carried
That this hearing of the Committee of Adjustment be adjourned. (6:27 p.m.)
Moved by Member Mir, seconded by Member Goodfellow
Carried

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