The Guelph Record

Committee of Adjustment

August 13, 2026

What was decided (7 motions)

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

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 4.7.5A of Zoning By-law (2023)- 20790, as amended, for 166 London Road West, to permit a minimum front yard setback of 0 metres for the proposed open, roofed front 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, be approved. Committee of Adjustment Minutes – August 13, 2026 - 2 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 Member Speers, seconded by Member Fitzpatrick
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 4.16.3(a) of Zoning By-law (2023)-20790, as amended, for 1 Westhill Road, to permit a proposed fence with a maximum height of 1.8 metres in the front yard of the subject property, extending beyond the midpoint of the dwelling, when the By-law requires that the maximum height of a fence located in the front yard is 0.8 metres in height, be approved. Reason: Committee of Adjustment Minutes – August 13, 2026 - 3 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 Member Goodfellow, seconded by Member 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, a variance from Section Table 13.1 of Zoning By-law (2023)-20790, as amended, for 32 Spring Street, to permit a pool, patio, fence and walkway within the Natural Heritage System (NHS) Zone for the subject property, when the By-law only permits conservation use, and legally existing uses, buildings and structures in the Natural Heritage System (NHS) Zone, be approved, subject to the following condition: 1. Prior to undertaking activities which may injure or destroy regulated trees, the applicant shall submit an “Application to Committee of Adjustment Minutes – August 13, 2026 - 4 Permit the Injury or Destruction of Trees,” consistent with and supported by the “Environmental Brief R1, 32 Spring Street” prepared by Aboud & Associates Inc., June 18, 2026 in lieu of a Tree Inventory and Preservation Plan (TIPP). Issuance of Tree Injury or Removal Permit by the City may be required prior to any works taking place on the subject property. 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
Moved by Member Fitzpatrick, seconded by Member Goodfellow
Carried
Committee of Adjustment Minutes – August 13, 2026 - 5 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 Additional Regulation 13 for Tables 6.17 to 6.19, and Table 6.34 of Zoning By-law (2023)-20790, as amended, for 12 Poole Street, to permit: a. a minimum private amenity area depth of 1.2 metres for the proposed above grade units in the stacked townhouses and back-to-back townhouses, when the By-law requires that private amenity areas for above grade units in stacked townhouses, back-to-back townhouses and stacked back-to-back townhouses shall be a minimum of 10 square metres in area, consist of a balcony and be defined by a wall or railing between adjacent units to a height of 1.8 metres and a minimum depth of 1.8 metres; and b. the tower portion of the proposed apartment building to have a minimum rear yard setback of 5.5 metres measured perpendicularly from the exterior wall of the 6th storey, when the By-law requires that the tower portion of an apartment building shall be setback a minimum of 12.5 metres from an interior side lot line and a rear lot line measured perpendicularly from the exterior wall of the 6th storey 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 be
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 10.3 of Zoning By-law (2023)- 20790, as amended, for 7 Phelan Court, to permit: a. a maximum front yard setback of 29.3 metres (from Phelan Court) for the proposed commercial building, when the By-law requires a maximum front yard setback of 25 metres; b. a maximum exterior side yard setback of 25.5 metres (from Cooper Drive) for the proposed commercial building, when the By-law requires a maximum exterior side yard setback of 25 metres; and c. a minimum buffer strip width of 1.5 metres along a portion of the left side yard for the proposed commercial building, when the By-law requires a minimum buffer strip width of 3 metres adjacent to interior side and rear lot lines be approved, subject to the following condition: 1. That the requested variances remain in conformity with the submitted site plan to the satisfaction of the General Manager of Planning and Building 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. Committee of Adjustment Minutes – August 13, 2026 - 7 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,
Moved by Member Speers, seconded by Member 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 14, Registered Plan 544, currently known as 40 Ridgeway Avenue, a parcel of land with frontage along Ridgeway Avenue of 15.2 metres, a depth of 56.5 metres, and an area of 862 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated July 13, 2026, project number 35623-26, be approved, subject to the following conditions: Committee of Adjustment Minutes – August 13, 2026 - 8 1. That 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 & 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 applicant shall submit a water balance analysis to the satisfaction of City environmental planning staff. 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, a stormwater management and functional servicing report f
Moved by Member Mir, seconded by Member Ross
Carried
That this hearing of the Committee of Adjustment be adjourned (5:58 p.m.)
Moved by Member Speers, seconded by Member Goodfellow
Carried

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