Committee of Adjustment

0:19Good afternoon, Guelph. I'd like to call to order the July 11th, 2024 hearing of the Guelph

0:25Committee of Adjustment. This hearing is being held in a hybrid format with attendees appearing

0:30in person or remotely and is being live streamed and recorded. Please be advised that public

0:35hearings form part of the public record and words, names, and images of those participating

0:41shall be recorded and posted online. Before I outline the hearing format, if you wish to speak

0:47to an application that's listed on the agenda and have not yet submitted a request in advance of

0:52the hearing, please call the number displayed on the screen now, which is 519-822-1260

1:01extension 2524. That's 519-822-1260 extension 2524. And you will receive instructions on how to

1:12participate. A final call for delegations will be made when each application is called.

1:18The agenda for this hearing has been posted online at guelph.ca forward slash c-o-f-a.

1:26I'll remind all committee members and staff participating in the hearing to please mute

1:31your microphones when not in use. Applicants will be unmuted when their application is called.

1:37I'd also like to share the hearing format we will be using to navigate through each application.

1:43Each application shall be called by the secretary treasurer and the call-in number. For those wishing

1:48to speak to an application will be displayed on the screen. Afterwards, the applicant will be given

1:54the opportunity to add anything further to their application to a maximum of 10 minutes. You will

2:00hear a chime when there are 30 seconds left and another when the 10 minutes has expired.

2:06If you are the applicant and have nothing further to add you can simply say so.

2:11Committee will then be asked to ask questions of the applicant or staff. After that, we will hear

2:17from members of the public who wish to comment on the application. Please note that all comments

2:22should be made through myself the chair. Please avoid repeating concerns already stated by others

2:28and focus on adding new information. Comments are limited to 10 minutes or less and again you will

2:34hear a chime when there are 30 seconds left and another when the 10 minutes have elapsed. Any members

2:40of the public who have submitted a request to speak prior to the hearing will be given an

2:47shall be first invited to provide comments. For those watching the hearing online, if you wish to

2:52speak to an application and not yet submitted a written request in advance of the hearing,

2:58please call the number displayed on the screen now. For those attending the hearing here in person,

3:05you will also be given a chance to come forward to the podium and address the committee.

3:09Once all comments from the public have been heard, the applicant or staff will be given the

3:14opportunity to respond to comments. Finally, as the chair, I shall turn to our committee for

3:21a motion and deliberation and we shall vote on the application. When the committee is making

3:26its decision on the application, I will be asking the secretary treasurer to conduct the vote by

3:33roll call. The secretary treasurer will call each of the members name and each member will respond

3:39if they are in favor or opposed to the motion and I shall announce the results of the vote.

3:49If you wish to receive a copy of the decision of an application, including information about the

3:54appeal procedure, you must submit a written request. A written request may be made by

4:03contacting staff using the contact information shown on the screen now. To receive a copy of the

4:09decision, please email cofa at gwellf.ca with your name and the file number you're interested in.

4:21Please note that owners and applicants automatically receive a copy of the decision.

4:28At this point, I will ask our member Malaman to provide the territorial acknowledgement.

4:38Thank you, Mr. Chair. As we gather, let us take time to reflect on our privilege to live and work

4:45in Gualt, a city built on our rich indigenous histories. We are guests here and we should

4:52reflect upon the responsibility to care for this land, the people who live here today,

4:57and the generations to come. If our actions today can move us towards reconciliation, we should take

5:04pause and make those decisions with intention and gratitude. This place we call Gualt has served as

5:12traditional lands and a place of refuge for many peoples over time, but more specifically,

5:20the Atta Wanderang and the Haudenosaunee. This land is held as treaty lands and territory with the

5:27Mississaugas of the Credit Nation. Gualt flies directly adjacent to the Haldeman Tract and is

5:34part of a long-established traditional hunting ground for the six nations of the Grand River.

5:39Many First Nations, Inuit, and Métis peoples who have come from across Turtle Island call Gualt home

5:47today. Thank you very much, Member Malaman. Committee members, first I'd like to ask if

5:56there are any disclosures of canary interest. Member Sayer. Yeah, there's a number of matters relating

6:08to 70 Preston Street, B35-24 to B37-24 inclusive and A46-24 to A49-24 inclusive.

6:23Metrolinx made submissions on that matter and I'm a Metrolinx employee, so I'll

6:28recuse myself from that. Thank you. That's noted. Are there any other

6:34expressions of canary interest? Seeing none, I'll ask for a motion to prove the minutes of our last

6:45meeting. Member Spears. I move that we accept the minutes of the last meeting. Thank you,

6:54and do I have a seconder? Member Mumbreno. And unless there's any discussion, I'll call

7:05LaFaute, all in favor. I believe that's carried, Madam Secretary Treasurer. Madam Secretary

7:15Treasurer, are there any requests for deferral? Thank you, Chair. We do have one application

7:23being withdrawn and a few deferral requests. First, we have received a withdrawal request for file A-51

7:31slash 24 for 11 Denver Road. Next, I'll note that staff is now recommending approval with

7:38conditions for files B-14-24, A-19-24, and A-50-24 for 7 Newstead Street, so that file can be called

7:48once the deferrals have been dealt with. And for the first deferral, the first request we have

7:55received is from the agent for files B-38-24 to B-42-24 and files A-53-24 to A-57-24 for

8:0667 and 71 College Avenue West and 94 University Avenue West. The agent has requested deferral

8:14of these files in order to address the concerns outlined in the staff comments and allow additional

8:20time to review and revise the applications. The agent will not be in attendance this evening

8:26to speak to these applications, so I'll turn it over to the Chair to address this first deferral

8:30request. Thank you. So that was 7 Newstead is the first one? That was for the College

8:40and University Avenue. Oh excuse me, yes, the College Avenue one. And since it's a deferral,

8:47do I have a motion to defer? Member Balaban, do I have a seconder? Member Spears, there is no

8:57discussion on a deferral, so Madam Secretary Treasurer, would you call the vote please?

9:02Thank you Chair, committee members, please indicate your vote by responding in favor or

9:07opposed to the motion which is to defer the applications. Chair Smith? In favor.

9:12Member Balaban? In favor. Member Goodfellow? In favor. Member Mambrenio? In favor. Member Sear?

9:21In favor. Member Segal? In favor. And Member Spears? In favor. That's carried, Mr. Chair.

9:29So that has been deferred. Can I have the next one please, Madam Secretary Treasurer?

9:40The next deferral request we've received is from the Agent for File A-73-22 for 121

9:47Court Right Road West. The Agent has requested deferral of the file in order to allow additional

9:53time for the applicant to revise the application. The Agent will not be in attendance this evening

9:57to speak to this application, so I'll turn it over to the Chair to address this deferral request.

10:02Thank you. Committee members, I'll entertain a motion. Member Mambrenio and a seconder.

10:14Member Goodfellow? There is no discussion on a deferral and I will ask to call the vote all in

10:22favor. Oh, pardon me, I need the Secretary Treasurer to do that. I'm jumping the gun. I got a promotion.

10:30Madam Secretary Treasurer? Thank you, Chair. Committee members, please indicate your vote

10:36by responding in favor or opposed to the motion, which is to defer the application. Chair Smith?

10:41In favor. Member Balaban? In favor. Member Goodfellow? In favor. Member Mambrenio? In favor.

10:48Member Sear? In favor. Member Segal? In favor. And Member Spears? In favor. That's carried, Mr. Chair.

10:57Thank you, Madam Secretary Treasurer. I'm sorry for cutting your grass there,

11:02and that application has been deferred. May we have the next one?

11:08The next application is files b-14-24, a-19-24, and a-50-24 consent to create new residential lot

11:32with one retained residential lot and related variances to permit interior

11:37side yard setback and reduced lot frontage for proposed severed and retained lots at 7 Newstead

11:43Street. I'll note for those attending remotely, if you wish to speak to this application, you can do

11:49so by calling the number displayed on the screen. That number is 519-822-1260 extension 2524,

11:57and when you call in, staff will give you instructions on how you can delegate remotely.

12:01Thank you, and I believe the applicant is present. Good afternoon. Can you say your name for the record, please?

12:09And Jeff Buseman of Van Hart and Surveying. And can you tell me if the sign was posted as per the Planning Act?

12:15Yes, it was posted. Thank you. And have you read staff's comments, and are you in agreement?

12:20Yes, I am. We have read them, and we are in agreement that staff's comments.

12:25At this point, this is up for deferral? No. No? This is for consideration? This is for consideration.

12:33This is not, I'm sorry, I'm out of sync. Please go ahead, Mr. Buseman. You have 10 minutes.

12:41Thank you, Chair. Just to clarify, it was initially suggested for deferral due to some

12:47engineering matters. Those engineering matters have been addressed over the last couple of days,

12:52and engineering have now updated their comments to provide support for the application, and therefore,

12:58we can proceed. The drawing is on the screen in front of you. This property is quite large,

13:10with a single smaller house on it now, and the idea is to split it in half. So we'd have two

13:17parcels of 14.4 meters wide, and they're extremely deep parcels of 76 meters long,

13:25for an area of 1,100 square meters. And just for reference on the size, the minimum size is 460

13:33square meters. We're talking two and a half times the minimum area. So these are long, deep lots.

13:41What we are considering to construct here is a triplex type of unit, which is encouraged with

13:48the new Zoning Bylaw, and the parking spots would be behind the buildings, which would provide,

13:53I think, a great situation of hiding the parking in behind the house, the dwellings.

14:01We have a number of minor variances listed, but really there's only one that's really being

14:06considered, and the fact that we're asking for a variance of 14.4 meters instead of 15.

14:1115 is the minimum right now. Staff have given support for it, and we did a search of parcels,

14:18and there's a few in this area that are below 15 meters, so it fits in the character of the

14:24neighborhood. All the other variances are all because of the situation that we have, and that

14:31there's a number of provisions that are under appeal under the new Zoning Bylaw. For example,

14:38the 1.5 meter side yard. We're asking that to be the minimum. That's the one that was approved.

14:43Otherwise, you could almost say there is no minimum side yard. We can't move forward without a

14:48minimum side yard. So those other minor variances are all related to the technical things that are,

14:54I'm going to say, approved, but this is just the mechanism in which we're going to make

14:58those rules come forward and apply to this application. I hope I've said that well.

15:04I think there's a great infill project, and we'll move forward in a positive manner. I think we've

15:13seen nothing but positive comments for this application, and I'm really open to any questions

15:18or comments that the committee may have. Thank you. Thank you, Mr. Buseman. And

15:25are there any members of the public in the gallery who would like to speak to this motion?

15:35Seeing none, Madam Secretary Treasurer, do we have any delegations online?

15:40Mr. Chair, we don't have any delegation requests.

15:44Thank you. Committee members, do we have any questions of this applicant?

15:52Seeing none, what is your wish, committee members? Do we have a motion?

16:00Member Sayer? Yes, I move to approve these applications with the conditions recommended by

16:07staff. And do we have a seconder? Member Siegel? And is there any discussion on seeing none,

16:21Madam Secretary Treasurer, would you call the vote? Thank you, Chair. Committee members,

16:27please indicate your vote by responding in favor or opposed to the motion, which is to approve

16:31the applications with the recommended conditions. Chair Smith? In favor. Member Palavan?

16:38In favor. Member Goodfellow? In favor. Member Mambrenio? In favor. Member Sayer? In favor.

16:47Member Siegel? In favor. And Member Spears? In favor. That's carried, Mr. Chair.

16:53Your application has been approved. Thank you. Madam Secretary Treasurer, may we have the next

17:00applicant? The next application is file A-45-24, a variance to permit increased building height

17:16for proposed accessory building at 210 King Street. I'll note for those attending remotely,

17:22if you wish to speak to this application, you can do so by calling the number displayed on the

17:26screen, that number is 519-822-1260 extension 2524, and staff will give you instructions on how you

17:33can delegate remotely. Thank you. Is the applicant present? Yes, please come forward. Hi, can you

17:49state your name for the record, please? Yeah, I'm John VanDeward from VanDeward Drafting and Design,

17:54acting as an agent for Robert and Monica. And can you tell me if the sign was posted as

18:03pretty planning? Yes, it was. Yes, it was. Thank you very much. We have 10 minutes to address the

18:07committee. Okay, we don't have a whole lot to add to what was submitted other than we're seeking a

18:14variance on the height only of the building, a height of 5.15 meters, while the permitted

18:27height is 4.0 meters, according to the 2023 bylaw and the 1995 bylaw is 3.6 meters.

18:35And the setbacks are the closest side yard would be 1.1 meter, while it could have been 0.6 meters.

18:51And so we we comply well with that. The lot slopes considerably, there was a

19:03a side profile that's on the screen and it slopes down considerably so that the heights of our

19:12accessory building would be considerably shorter than the neighbor's deck even. You can see that on

19:18that side elevation. So and that's the property line that we're 1.1 meters away from. The rear

19:27property, we're 7 can't read it, 7.6 meters roughly from the rear property line.

19:38I don't have any questions. Thank you. Appreciate how concise that is. And can you

19:46wait right there? Are there any members of the gallery who would like to delegate on this application?

19:53I don't see any, Madam Secretary Treasurer. Are there any online?

19:59Chair, we haven't received any delegation requests. Thank you. And committee members,

20:03do we have questions for this applicant? Seeing none, committee members, what is your wish?

20:17Member Spears. I move that the committee accept this application with the conditions recommended

20:23by city staff. Thank you. And do I have a seconder? Member Balaban. Is there any discussion or

20:31debate on the motion before us? Seeing none, Madam Secretary Treasurer, would you mind calling the

20:39vote please? Committee members, please indicate your vote by responding in favor or opposed to the

20:45motion which is to approve the application with the recommended conditions. Chair Smith. In favor.

20:51Member Balaban. In favor. Member Goodfellow. In favor. Member Mambrenio. In favor. Member Sear.

21:00In favor. Member Segal. In favor. And Member Spears. In favor. That's carried, Chair.

21:07Thank you. Your application has been approved. Thank you. Thank you. Madam Secretary Treasurer,

21:16may we have the next applicant please? The last applications are files B-35-24

21:29to B-37-24 and A-46-24 to A-49-24. Consent to create three new residential lots with one

21:43retained residential lot and related variances to permit garage width, area and location,

21:48driveway width and required parking space for proposed severed and retained lots at 70 Preston

21:55Street. I'll also note for those attending remotely, if you wish to speak to these applications,

22:00you can do so by calling the number displayed on the screen. That number is 519-822-1260

22:07extension 2524. And when you call in, staff will give you instructions on how you can delegate

22:11remotely. Thank you. I see the delegate is here. And you state your name for the record please.

22:22I have Jeff Buiseman, agent for the property. Thank you. And was the sign posted as per the

22:28Planning Act? Yes, it was. And have you read staff's comments and are you in agreement? Yes,

22:34well I have read their comments and we are in agreement with them. Mr. Buiseman, you know we have

22:3910 minutes for you so please make a use as much of that time as you'd like.

22:44So this property is on Preston Street. There's a building there now that's used as an office and

22:50that will be torn down and made into a residential development similar to the residential development

22:57in the neighborhood. The proposal is to create two pairs of semis. There you have a variance

23:05varying width but you can see the dwellings will all be about the same size. There's no specific

23:13minor variances being requested to make this work other than we're asking for the variances I

23:19explained earlier that have been approved in the new bylaw and we just want to make those rules

23:24apply to this application. And they're listed as ABCDE on the chart of that sketch. There's

23:34adequate room for these. The staff have been very supportive in their comments reviewing many

23:40aspects of the official plan and so forth that how they disconforms with the policy and the

23:45intention of intensification projects in the in the city of Guelph. Again I think it's a good infill

23:55residential intensification project and I'm happy to answer any questions and and I have people

24:01with me if we need to but I think we're fine. Thank you very much. If you want to wait right

24:09there we'll see if there are any members of the public who'd like to speak to this application.

24:13There are any members of the public in the auditorium who would like to speak to this

24:17application. Seeing none Madam Secretary Treasurer do we have any delegates online?

24:26Chair Smith we don't have any delegation requests. Okay committee members do you have

24:31any questions of this applicant? I don't see any questions. I do have one for city staff

24:46and that is this is an existing office. Is that a grandfathered use and this and

24:53there's there's no zoning issues here. Am I correct in that assumption?

24:57To the chair yes that's true. The uses on site are legal non-conforming right now and

25:05it actually brings the property into conformance with the official plan and zoning bylaw by

25:11switching it to residential. Awesome conforming with zoning is what we're all about

25:18and any more questions or comments? Seeing none. Oh yes Mr. Member Spears. I just I'm curious

25:27to the applicant. There's no there's no correspondence from the public in here pro or con

25:33and I'm I'm simply curious to know if there was any kind of discussion with neighbors to get a sense

25:39of their perspective. Andrew will help with that answer. Thank you Mr. Buseman. Thanks can you just

26:07state your name for the record? Andrew Arkle. Thanks go ahead please. Sorry yes we had discussions

26:13with the immediate neighbors to the left and right of this complex and and there I didn't hear

26:21your last couple of words and they were in favor of my opposed or did they have a perspective?

26:25They were generally indifferent. I mean we had a discussion with them and it went fairly well so

26:33I think we had one lady that was somewhat opposed and I thought she was going to be

26:37a delegate here. I don't know what exact address she was from but other than that it seemed to be

26:42generally good discussions. Thank you for that answer. Thanks. Thank you very much.

26:51Any further Member Spears? No thank you Mr.

26:56Committee Members. Any other questions for the delegate? Seeing none. Committee Members what is

27:06your wish? Do I have a motion? Berbalaban. Through you Mr. Chair I move that we approve the applications

27:20with the conditions of staff. Thank you and do I have a seconder? Member Spears.

27:29Is there any discussion on the motion before us? Seeing none Madam Secretary

27:38Treasurer will you do the honors please? Thank you Chair. Committee Members please

27:43indicate your vote by responding in favor or opposed to the motion which is to approve the

27:48applications with the recommended conditions. Chair Smith. In favor. Member Berbalaban. In

27:54favor. Member Goodfellow. In favor. Member Mbrenio. In favor. Member Siegel. In favor. And Member

28:03Spears. In favor. That's carried Chair. Your application has been approved. Thank you. You're

28:09welcome. I believe that brings us to the end of our agenda. Does it not? Madam Secretary

28:19Treasurer do you have any do you have any announcements? No staff announcements Mr. Chair.

28:27And I don't have anything to add so I'll entertain a motion to adjourn. Nobody wants to leave?

28:39Okay Member Berbalaban seconded by Member Goodfellow. All those in favor.

28:48We stand adjourned. Thank you Committee Members. Thank you.