Committee of Adjustment

0:49Good afternoon, Guelph. I'd like to call to order the October 12, 2023 hearing of the Guelph Committee of Adjustment.

0:56This hearing is being held in a hybrid format with attendees appearing in person or remotely and is being live-streamed and recorded.

1:06Please be advised that public hearings form part of the public record and the words, names, and images of those participating shall be recorded and posted online.

1:16I've confirmed with the Secretary-Treasurer that we have quorum for today's meeting to proceed.

1:22Before I outline the hearing format, if you wish to speak to an application that's listed on the agenda and have not yet submitted a request in advance of the hearing,

1:32please call the number displayed on the screen now, which is 519-822-1260.

1:43That's 519-822-1260 and the extension is 2524. That's 2524.

1:53And you will receive instructions on how to participate. A final call for delegations will be made when each application is called.

2:01The agenda for this hearing has been posted online at guelph.ca forward slash c o f a.

2:09I will remind committee members and staff participating

2:13in the hearing to please mute your microphones when not in use.

2:18Applicants will be unmuted when their application is called.

2:23I'd also like to share the hearing format we'll be using to navigate through each application.

2:29Each application shall be called by the Secretary-Treasurer and the call-in number for those wishing to speak to an application shall be displayed on the screen.

2:38Afterwards, the applicant will be given an opportunity to add anything further to their application to a maximum of 10 minutes.

2:46You will hear a chime when there are 30 seconds left and another when 10 minutes has elapsed.

2:53If you are the applicant and have nothing for it to add, you can simply say so.

2:59The committee will then be able to ask questions of the applicant and or staff.

3:04After that, we will hear from members of the public who wish to comment on the application before us.

3:10Please note that all comments should be addressed through myself, the chair.

3:15Please avoid repeating concerns already stated by others and focus on adding new information.

3:21Comments are limited to 10 minutes or less.

3:24You will hear a chime when there is 30 seconds left and another when your 10 minutes has elapsed.

3:31Any members of the public who have submitted a request to speak prior to this hearing shall be invited to provide the first comments.

3:39For those watching the hearing online,

3:42if you wish to speak to an application and have not yet submitted a request in advance of the hearing, please call the number displayed on the screen now.

3:52For those attending the hearing in person, you will be given a chance to come forward to the podium and address the committee.

4:00Once all comments from the public have been heard, the application, the pardon me, the applicant or staff

4:06will be given an opportunity to respond to comments.

4:10Finally, the chair will turn to the committee for emotion and deliberation

4:15as well as a vote on the application.

4:18When the committee is making a decision on the application, the chair shall be asking the secretary treasurer to conduct

4:26conduct the vote by roll call.

4:30The secretary treasurer will call each of the members name and each member will respond if they were in favor or opposed to the motion

4:38before us and the chair will announce the result of the vote.

4:44If you wish to receive a copy of the decision of an application, including information about the special about the appeal process,

4:51you must submit a written request.

4:55A written request can be made by contacting staff using the contact information shown on the screen.

5:02To receive a copy of a decision, please email

5:05cofa at

5:09gwellf.ca with your name and the file number you're interested in.

5:14Please note that owners and applicants automatically receive a copy of the decision.

5:23Before we get started, I'm going to call on member pike to provide the First Nations acknowledgement. Member pike.

5:36I'm sorry, Mr. Chair. I was unprepared for this.

5:38I beg your pardon.

5:41It's member seyer who's going to be reading the acknowledgement. My apologies member seyer. Please go ahead.

5:50Thanks, Mr. Chair.

5:51As we gather, let us take time to reflect on our privilege to live and work in Guelph, a city built over rich indigenous histories.

5:59We are guests here and we should reflect upon the responsibility to care for this land, the people who live here today and the generations to come.

6:07If our actions today can move us towards reconciliation, we should take pause and make those decisions with intention and gratitude.

6:15This place we call Guelph has served as traditional lands and a place of refuge for many peoples over time,

6:21but more specifically the Atawanda Ronk and the Haudenosaunee.

6:25This land is held as a treaty lands in territory with the Mississaugas of the Cretan First Nation.

6:30Guelph lies directly adjacent to the Haldeman Tract and is part of a long established

6:35traditional hunting ground for the six nations of the Grand River.

6:39Many First Nations, Inuit and Métis people who have come from across Turtle Island call Guelph home today.

6:48Thank you, Member Spears. I think I

6:51announced member seyers, but

6:56it was accomplished. Thank you very much.

7:01Commendee members, I'll turn to you first and ask if there are any disclosures of pecuniary interest. If so, please raise your hand.

7:12Seeing none, at this point I would like a

7:16motion to approve the minutes of our last meeting.

7:22Moved by a member Hamilton, seconded by member Goodfellow.

7:28All those in favor?

7:31That's carried.

7:33I've confirmed with the secretary, treasurer, we have had a few

7:37deferral requests. So at this point I will turn it over to our secretary treasurer to address those.

7:45Thank you, Chair. It was noted on the revised agenda that we do have a few deferral requests tonight.

7:50The first deferral request is for file A7322 at 191 Court Right Road West.

7:58Staff are recommending deferral of the application to allow the applicant some time to clarify with staff the intent behind the proposed parking reduction

8:05as outlined on their application.

8:07We have been made aware that the applicant is available at the hearing. Should the committee have any questions for them?

8:16Is the applicant

8:18available?

8:20Yes, please come forward to the microphone.

8:30Good afternoon. Can you see your name for the record, please and your association with the application?

8:35Yes, my name is Andrea Sinclair. I'm a partner with MHBC planning and I'm here on behalf of the owner, which is SSMW holding limited

8:45acting as their agent.

8:47Thank you, and have you read staff's comments under are you in agreement?

8:51I've read staff's comments. I actually would like to speak to the application and

8:56there is a comment in the staff report that should the committee

8:59wish to make a decision and then a recommendation and I am hoping that

9:04we can get to a point where we make a decision. I think on the parking we can

9:08clarify that very

9:09quickly and then there's some other comments. I'm hoping to make on this application.

9:14This was already deferred for close to a year now awaiting the new bylaw. Unfortunately because the new bylaw was approved

9:21we're back, but we really um, it's sitting vacant right now. We really do want to get something going on this property.

9:26So if I'm able to address the committee, I'd be happy to do that today and just talk through our comments.

9:34By all means,

9:36just in the

9:38idea of clarity, you do not wish to defer this application further. You would rather that this application go forward. Am I correct?

9:46Correct.

9:49At that point, I would say that you have 10 minutes to address the committee and

9:57we would first have to vote on deferral

10:02and if that fails then we could then entertain a motion to

10:09to go into

10:11to look at your request, I believe.

10:13Chair, just to clarify, the committee could if they so wished

10:17move a motion to approve or another motion at their behest without having to go through the deferral request first.

10:25Thank you. Appreciate that. Okay, so you do have 10 minutes to address the committee. Please go ahead. Thank you.

10:32So I'll address the parking first. That's an easy one. What happened? We submitted this originally requesting

10:38only two parking spaces so that

10:41for three units there would be two parking spaces.

10:44I then connected with planning staff after they submitted and they suggested that was likely not going to be supported and we had

10:50I think about 40 minutes to get a revised application and to make it to this

10:54meeting and in addressing I changed on the application form and I missed a reference on the

10:59cover letter. So I think that's where the confusion came. So we are not actually seeking the reduction in parking anymore.

11:05There are three

11:07existing spaces. There's a garage and a two-car driveway.

11:11Those the parking arrangement that's on the site currently is not proposed to change

11:15so we can still provide those three parking spaces. So

11:19that's the clarification on that matter.

11:22There's also a request and staff are supportive of rather than having the two ARU units

11:29one within the building and one separate is to just have it all within a building. It allows for better tree saving

11:34and allows for

11:36larger size units. I'm doing a lot of applications throughout Ontario and

11:40at every council meeting I'm hearing we need family size units. We need units with more than one or two bedrooms.

11:46This is an opportunity to provide rental units of a better size. We've got a shortage of

11:51student housing right now in Guelph. We've got a shortage

11:54of family housing. So

11:55staff were in agreement of having it all in one building. The other thing I really wanted to stress is that

12:01as I mentioned we had a deferral previously on this almost a year ago.

12:05During that time the new by-law came out. We took the time to wait because if that had not been appealed

12:11we were going to be allowed a triplex on this property as of right and we wouldn't need these variances. Unfortunately

12:18it was appealed in its entirety.

12:20We all know that can take a long time to resolve. So we really came back today to say

12:25if the brand new by-law that was endorsed by council allows a triplex

12:29having these ARUs is essentially

12:31getting us the triplex in advance of having to wait out the zoning. So having a restriction to bedrooms and size

12:38when there's no such restriction for the triplex that the new zoning allows in our mind

12:43there's no impact and I'm not sure what the hesitation is. However in talking with my client

12:49as opposed to having no cap on the size of the ARUs

12:53they're in agreement to a 60 cap instead of the 45. We would still be meeting all other zoning requirements

13:00including minimum landscape area, minimum setbacks or exceeding. In this case we're well over the minimum landscape area.

13:07So there really isn't while there isn't detailed plans yet. Our client didn't want to spend the cost doing all these plans

13:13if they weren't going to get an approval

13:15we've said from the beginning we will make sure we meet all the setbacks and the things that really affect

13:20the coverage on the site. The other thing I wanted to express is under today

13:24with no need for variance they could put a building addition on this as a large single detached

13:29it could be multi generations of families living in it with no restriction on bedrooms no restriction on size

13:35provided you meet the setback. So

13:37I think what we're really asking for is to allow three units which is already being contemplated

13:43as I said we're open to a cap that's 60 of the main dwelling size instead of the 45 it allows us to have

13:50a larger unit which the city is in demand of right now

13:54and to not restrict the bedrooms to two bedrooms for the same reason the parking's not going to change no matter how many bedrooms there are

14:01when I'm hearing that there are no rentals for families

14:04I'm not sure why we need to restrict it to two bedrooms when we can provide a good size addition

14:09that meets all of the other requirements of the zoning bylaw

14:13I think that's my main point. I'm happy to answer any questions the committee may have the one other thing is

14:19We didn't ask for the revisions to the aru in the new bylaw because under the new bylaw

14:24We were sort of working under it could be considered triplex. I do understand that

14:30on the triplex and and we missed this that

14:33For the aru's you can have the parking in the garage and in the driveway they can be tandem and that's not the case with

14:39The triplex so we do we may need to come in to vary that if that's something the committee cannot deal with

14:45Tonight, um, but that can be dealt with either a condition to come back or a separate variance just on that matter and

14:51Given staff have already said in their comments that they support

14:55Only two parking spaces. I don't think that's a risk that that would be different for a triplex. It's still three units

15:01We're on a transit route

15:04So we that I think is a simple thing to address and

15:08Those are our comments and happy to answer any questions that the committee may have

15:12Thank you. Thank you very much. That was very concise

15:16If you want to wait right there if you can

15:19Mute your microphone. You may have some questions from my colleagues

15:23Committee members, do you have any questions for the applicant member Hamilton?

15:29Thank you, mr. Chair. Sorry just for clarification to the applicant or we are saying that we would remove variance C then

15:42That's correct

15:43Thank you

15:48committee members any other questions for this applicant or for staff

15:58I don't see any addition. Oh, sorry member him or good fellow

16:02Thanks

16:04Through the chair to city staff just so I'm

16:07Understanding the difference between the triplex versus the ardu could you comment on

16:14Whether the this application is consistent with the triplex is defined by

16:19The new bylaw that is currently under appeal. I understand that but I guess I'm just looking for some

16:26Confirmation or clarification how it may differ or it may be consistent with that new bylaw. Thank you

16:37Through the chair to a member good fellow

16:40The ardu with

16:42Two accessory units is actually permitted as of right

16:52Yeah, yeah through bill 23

16:56And the in the air

16:59The main dwelling with two ardu's

17:02You require interconnection between the main unit and each accessory unit

17:10The ardu

17:12Is permitted to have a maximum of two bedrooms in each?

17:17I'm just hearing the

17:19Applique can't just speak of four bedrooms and there's a concern there that that request was not made on the

17:26notice

17:28um a triplex

17:31Is permitted under the new zoning bylaw?

17:34So that would be

17:36Three units on a property. They would not need to be interconnected

17:41It does have an additional regulation for

17:45for landscaped open space on a property which

17:50The main dwelling with two ardu's does not have that regulation

17:55You just have to meet the setbacks of the property of the zone and

18:02A triplex there would be

18:05More building code regulations

18:09Technically possibly could be condoed

18:14Each parking space would require its own

18:18Individual access to a driveway and they would not be permitted to be stacked

18:24So

18:25There are nuances between the main house with two ardu's with the three units

18:31And a triplex, but the bedrooms are not capped on the triplex either

18:37I hope that helps

18:39Yes, thank you through the chair just to follow up question then

18:44I you made a comment in your response about the application and some of the

18:51Changes that have been discussed here. For example, I also caught the cap on the floor area to 65 or to sorry 60 percent

19:00Is it in staff's opinion that

19:03They notice that has been sent out for this application

19:08accurately or adequately captures

19:11the changes or the the

19:14The request that has now been discussed here today

19:18Okay through the chair to member good fellow, um, I believe if

19:34What the applicant is proposing to be submitted for building permit was applied for after any approval for this there would be missing variances

19:44um possible interconnection

19:47um

19:48It's unclear

19:50The main unit what percentage it's wanted

19:54and

19:55How many bedrooms versus in the accessory accessory units?

20:02There are concerns that there could be missing items without a floor plan

20:09Again, thank you. I appreciate that clarification

20:16committee members any other questions of the applicant or staff

20:23members

20:24member sears, yes

20:26um through the chair to staff

20:28um any comments on the um

20:31The um proposal from the applicant that um

20:37The floor area be limited to 60 percent

20:42Would that um

20:44Would that be acceptable to staff?

20:49Through the chair to member sears staff would still have concern with the proposed floor area even if it was capped at 60 percent

20:58um as outlined in the in the staff report if it's more than 50 percent then

21:03It's difficult to argue that it is necessary or that it is

21:07accessory to the

21:08To the main dwelling unit and for that reason and and the reasons outlined by building staff

21:14staff would recommend deferral this application to further clarify their proposal

21:21Okay, thank you

21:25any other questions

21:29Seeing none. I do have a question about parking

21:33The applicant mentioned that this would um this

21:37potentially

21:39Could conform to the parking requirement

21:42Could I get a comment from staff on that?

21:49Yeah to the chair the parking requirement

21:53for three units on a property would be one parking space per

21:58dwelling unit and

22:01Right now when i'm gathering that there's no proposed change

22:04So there is the one space in the garage and the two spaces available in the driveway so that would

22:10Meet parking requirements

22:14Thank you. Um, however, I did note that if this is a triplex

22:19Um, you couldn't stack the parking. Is that the case?

22:23To the chair that is correct

22:25So, uh, were we to entertain this? Um, we would have to have a

22:32another criteria that

22:35That mitigated the parking because it would be stacked. Am I correct?

22:41To the chair, I don't think that is correct. I think they still are

22:44requesting to have the main dwelling with two-aid rdu's within it, which is permitted

22:50Um, and you are permitted to have the stacked parking in that situation

22:56I think the applicant was just comparing it to a triplex

22:59And it's actually not proposed to be an actual triplex though

23:05Thank you for the qualification. I appreciate it. Um, are there any other questions?

23:12Um, before I entertain a motion, I'd like to know if there are any

23:18Delegations either within the

23:21The auditorium or online

23:24Uh, chair, I can confirm there are no delegates coming in online

23:28Thank you, and uh, forgive me, but as this was a deferral request

23:32I did not ask if the sign had been posted as per the planning act

23:38Through you, mr. Chair, it was posted and photos were sent to staff

23:41Thank you

23:44Okay, uh, at this point, uh, committee members, uh, what is your um, what is your wish on this application?

24:08The silence is deafening

24:15Member pike

24:21Sorry, I thought you I saw your hand go up

24:24Sorry, it's a member good fellow has her hand up to the chair, uh, perhaps maybe a question rather than a motion

24:34Are we limited to a motion to

24:37Approve or are we able to make a motion to defer?

24:42My understanding is that we can, um offer

24:47As staff has recommended a motion for deferral

24:50Or we can entertain another motion which would be

24:54um, whatever

24:57You might uh, you might concoct it on the fly at this point

25:04Yes member good

25:07I motion to defer the application

25:11There is a motion to defer and uh, uh, I understand the rules to be that there is no debate

25:18On a motion to defer so I will ask the secretary treasurer to call the vote

25:24Sorry, chair. We do need a seconder on that motion

25:27I

25:28Sorry, I did miss member hamilton there

25:36Thank you chair. Um, so committee members, please indicate your vote by responding in favor or opposed to the motion motion which is to

25:43Defer the application

25:45chair smith

25:46In favor member good fellow in favor member hamilton

25:51in favor

25:53member pike

25:55in favor

25:56member sehr

25:58in favor

25:59That carries chair

26:01Your application has been deferred. Mr. Secretary treasurer may we have the next applicant?

26:14Thank you chair. Um, so the next deferral application on the agenda the request for deferral is for file a

26:206823

26:21At 485 silver quick parkway north

26:24Staff are recommending deferral of the application to allow time for the applicant to prepare and submit to staff a detailed noise study

26:31The applicant is available via video should the committee have any questions

26:36Is the uh applicant uh wishing to speak to this deferral request

26:49Uh, can you state your name for and your association to the application for the record, please

26:55My name is john cox jail cox planning consultants and we are agents for the application on behalf of uh,

27:01q and associates

27:05Thank you, and have you read staff's comments and are you in agreement?

27:09Yes, we have read staff's comments and uh, understand the requirement for a noise study and have initiated

27:17Obtaining that information for review

27:23beyond that we

27:25don't have any other questions

27:27or

27:28concerns with respect to uh staff comments at this point

27:34Okay, thank you, um, I take that that you're acquiescing with staff's comments

27:40Uh, to the extent that we don't know what the impact of those comments will be without the noise study, etc

27:52Okay, but uh in terms of the referral, I guess that's what i'm getting at. Uh, do you agree with the deferral?

27:58Yes, we do agree with that. Mr. Chairman

28:02Thank you. I should have been more specific

28:04Um

28:05Committee members do we have any questions?

28:11Seeing none, I would like to turn to committee for a motion

28:17member hamilton

28:19I'll move deferral

28:22Do we have a seconder?

28:24Member sayers at this point. I'll turn it over to our secretary treasurer to call a vote

28:32Uh, thank you chair. Um, committee members, uh, please indicate your vote by responding in favor or opposed to the motion

28:38Which is to defer the application?

28:40uh chair smith

28:41In favor member good fellow in favor member hamilton

28:46in favor

28:47member pike

28:50in favor

28:51And member seyer in favor

28:54That carries chair

28:55Your application has been deferred

28:59Thank you

29:01You're welcome

29:05Mr. Secretary treasurer may we have the next application?

29:09Uh, thank you chair. We have one final deferral request on the agenda for today. Um, the application

29:15Sorry for files a 72 23 and a 73 23 at 55 and 75 city view drive north

29:23The owner has contacted acted staff and asked that these applications be deferred at this time

29:29Uh, and the application the applicant is not present at the meeting. Um for your permission

29:34Thank you as uh, there is no applicant present. I will turn to committee. Do we have a motion?

29:40member good fellow

29:42Motion to defer the application and a seconder

29:46member pike

29:49And i'll turn it over to secretary treasurer for

29:54Thank you chair. Um committee members, please indicate your vote by responding in favor or opposed to the motion which is to defer these applications

30:02Chair smith in favor

30:04member good fellow in favor member hamilton

30:08in favor

30:09member pike

30:11in favor

30:12And member seyer

30:14in favor that carries chair

30:16And that application has been deferred. Uh, secretary treasurer may we have the next applicant?

30:32Thank you chair. The next application is file b

30:369 23 uh consent to create new industrial lots with one retained industrial lot at 516 imperial road north

30:44Um, if you wish to speak to this application, please call the number shown on the screen. The number is 519822

30:511260 extension 2524 when your call is received staff will provide instructions on how you can delegate remotely by phone

30:59This is your final opportunity to call in regarding this application

31:04Is the applicant president present either in the chamber or uh remotely

31:13to chairman chris pigeon from gfp group by in here

31:16remotely

31:19Welcome and have you uh, sorry and your relationship to the application

31:27I'm the

31:29Planning consultant on behalf of fog fuel and supply limited. Please the registered owner

31:35Thank you. And can you tell me if the sign was posted as per the planning act?

31:41Yes, it was with posted and photographs were subreddit staff

31:46Thank you very much and have you read staff's comments

31:50I have and I'm in full agreement with the comments with the exception of the deferral fee request

32:01Okay, will you have 10 minutes to address the committee? Please

32:04Make use of your time

32:06Mr chairman, uh committee members to list a very simple industrial property. It has a split zoning

32:15site specific zoning on one half

32:18um, and then an industrial straight industrial zoning on the other half and

32:22and the the vacant portion of the property were proposed uh to separate that

32:29and then marketed for

32:32industrial use

32:34The occupied portion of the site has a card lock on it

32:38Um, and that that use will continue

32:42So the the application was made in june

32:45And on july 7th, I received the agenda

32:49And the staff report where staff were recommending deferral

32:52So we did not request a deferral. They were simply seeking some clarification relative to the uses

32:59Where there was a sign posted on the vacant portion of the property that said

33:04um, if you wish to rent some parton spaces

33:10Please contact and there's a number and that's not a permitted use

33:13So I've since clarified with the owner that that that was uh, not a very viable business

33:19And they were simply looking to try and generate revenue and the signs been removed

33:24That was the only clarification that was requested

33:27Um, and it was not a request of me. It was the request of staff for the deferral

33:34So I on on that basis

33:37You know, I was surprised to receive the request for deferral in july

33:42I'm now pleased to see that there is a positive staff recommendation

33:47And I'm in full support of the application

33:50Thank you

33:52Thank you very much. Uh, community members. Do we have any questions of this applicant or staff?

34:03Through you chair, I believe to staff. I have a question about the

34:07Use of the other half of the site. I know there's a condition

34:12included in the recommendations about

34:18Sorry, I'm trying to remove that that the commercial parking lot be removed

34:22Does that also then include removing the fuel storage tank that's currently at the site

34:28I think it's like a diesel storage tank a large bulk fuel

34:32tank

34:39through the chair to member good fellow, so I'm just checking the um

34:43site sketch right now

34:47but I

34:49believe the lands to be severed only had the commercial parking lot on it and

34:56No fuel tank

35:01Uh through through the chair to staff. I I I believe that's what I was seeing when I drove by today

35:07I haven't checked all of the various sources to see it, but I did catch that there was what I

35:13What looked to me like a

35:17Fuel or oil storage tank at the site. So wondered if this

35:21Condition would also cover the removal of that tank or if it was even necessary to be removed, but just looking for clarification

35:31Mr. Chairman, it's chris pigeon. Um that the the

35:35Um above ground fuel tank is a part of the card card lock. It is not not a part of the severed parcel

35:55Uh, thank you for the clarification

36:00I yeah, I I guess I would have to go out and look again

36:03I really did believe that I was seeing it over on the side that I understood would be severed

36:09It would be on the on the right. What would be the facing?

36:13Facing the lots it would be it was on the right hand side

36:18Um, but again, I didn't take a photo. So I can't be certain. So

36:22Um, if that was the case that it was really on the left hand side

36:26The lots to be or later lands to be retained. I would have less concern certainly

36:33Yes, yeah through the chair sorry

36:36We just pulled this up on google street view and member good fellow. Yes, you are correct that there is the

36:42tank there

36:45I'm hoping that you're not I am hoping that the applicant can speak to that

36:54Sorry, did the applicant hear that?

36:58Yeah, so mr. Chairman I will um, I will make sure that there is no

37:05bulk fuel storage on the severed parcel. Um, if if it's uh

37:11If it is located over the property line, we will make sure that it's relocated

37:17It's it's not permitted and it needs to be on the card lock portion of the property. So that's the lands to be retained

37:25Miss pancer. Yeah to the chair zoning staff would request another condition then in light of this that

37:34The fuel tank be removed from the severed parcel prior to the issuance of certificate official if

37:40The committee does approve this please

37:44That's a good point

37:47Are there any other questions of the applicant or staff?

37:52Seeing none

37:55What is committee's wish member good fellow?

38:06I would motion to approve with the conditions as identified by city staff plus the additional condition for the bulk fuel storage tank to be removed

38:19Sorry, I think that was prior to the

38:22The final record

38:24certificate of official. Thank you and we'll handle the

38:33We'll handle the fee

38:36separately then

38:38Is there any discussion on the motion? Oh, we need a secretary excuse me

38:43member sayers

38:45And do we have any discussion on the motion in front of us?

38:51Seeing none, I'll turn it over to secretary treasurer for a vote

38:57Thank you chair committee members. Please indicate your vote by responding in favor or opposed to the motion

39:02Which is to approve the application with the conditions as recommended by staff as well as the additional condition as discussed

39:10Chair Smith in favor member good fellow in favor member hamilton

39:15in favor

39:17member pike

39:19In favor and members sayer

39:22In favor that carries chair

39:24Your application has been approved

39:28At this point we'll address the the request for

39:33fee refund

39:35and

39:37Does he get another 10 minutes secretary treasurer?

39:41Your call chair, but he could he could spend speaking about that

39:45I'm going to allow you to

39:47Speak to the the refund, but please don't take 10 minutes

40:00Thank you, Chair. And I support the additional condition for what that's worth. Again, I did not, the African technology not recommend or request the deferral. It was staff seeking some clarification on that.

40:17Sign that was posted on the site, wherein a commercial parking lot is not permitted use.

40:23Yeah, we could have clarified it before the July committee meeting. However, staff said, because of summer vacation.

40:34We simply were not able to connect in advance of that meeting. And as a result, the deferral went forward.

40:45Well, you're well under 10 minutes. Thank you. Do we have any questions on this issue seeing none? I will turn it over to my colleagues to see what their wishes committee members members sayers.

41:06I'd like to move to approve the fee run refund request.

41:11Do we have a seconder? I will second that. Do we have any discussion on the motion seeing none? I'll have secretary treasure called question please.

41:30Thank you, chair. So committee members please indicate your vote by responding in favor or opposed to the motion which is to approve the fee refund request.

41:39Chair Smith. In favor. Member Goodfellow. In favor. Member Hamilton.

41:46Opposed. Member Pike.

41:51Opposed. And member Sayer. In favor. That carries chair. Your request has been approved.

42:02Thank you committee.

42:05You're welcome.

42:08Mr. Secretary treasure may we have the next applicant.

42:12Thank you chair. The next application is file a dash 76 slash 23, which is variances to permit reduced right and left side yard setbacks for proposed attached garage and two story residential edition at 23 Mac Avenue.

42:29And I will note if you wish to speak to this application, please call the numbers shown on the screen. The numbers 519821260 extension 2524.

42:40When your call is received staff will provide instructions on how you can delegate remotely by phone. This is the final opportunity to call in regarding this application.

42:49And chair I would like to note as well for the committee that correspondence past the commenting deadline have been received from the property owner in relation to this application.

42:57As well staff are provided a condition that they would recommend to apply to any approval motion related to this application.

43:04And the correspondence and revised condition have been sent out to staff the committee and the applicant in advance of the hearing.

43:12Is the applicant available online.

43:18Oh, in person. Please approach the podium and you.

43:23If you want to turn on the microphone.

43:26Welcome can you state your name and your relationship to the application.

43:30I'm Rob Brown. I share homeownership with my wife.

43:35And can you tell me if the sign was posted as per the planning act. Yes, it was posted.

43:42You have 10 minutes that you can address the committee.

43:46Yeah.

43:48We've been planning to do a home addition for our growing family. We have four kids and looking just to add a second.

43:55Or the addition on the back. We're going to add a second story. But can I just ask you to move the microphone up a little so that you're.

44:03Awesome. Thank you. Yeah. So there's currently an addition on the back. But after talking to.

44:09After that, he recommended that we start over.

44:13Just due to the construction of it. So we need a variance on the left hand side to redo the current addition that's there.

44:20And then we'd also add to like add a garage with a little shop on the back.

44:25Some way can park the car in there.

44:28We need a variance on that side just due to the functionality of getting in and out of the vehicle and also into the garage.

44:38You did ask for new information. There's not really too much to add other than my neighbor's comments and mine.

44:46I talked to him multiple times about it over the years and even after this fair the application went in.

44:53And he didn't really mention anything to me. So it was news to me when he sent in a letter.

44:59Because I was hoping that we could talk it talk it out.

45:06Yeah, and then I got an email today about the revised recommendation from the engineering department with the new information.

45:13I didn't have an opportunity to speak to him to know what that information was.

45:18It just seems like an additional cost to get the drainage and it's called slope plan done on a home right now.

45:32I just don't know if that's stated practice. But that's all I have to say. Thanks.

45:36Thank you. And I did neglect to ask if you had read staff's comments. It sounds from your response that you have.

45:44I didn't read the comments as of today. I just got a notification and email. So I read those, but I didn't have a chance to read his official ones online.

45:57Okay, thank you. If you want to wait right there and thank you for muting that committee members may have some questions for you.

46:04So if you'll stay right there, that would be awesome committee members. Do we have any questions for this applicant seeing none.

46:17Let me turn to Secretary Treasurer and see if there are any online who wish to speak to this.

46:23Chair, I can confirm we have no online delegates.

46:29Thank you. Committee members, what is your wish? Do we have a motion member Pike move for approval of the application with the recommended conditions?

46:50Yes, sorry, and do we have a seconder member good fellow.

46:56Do we have any discussion on the application on the motion before us seeing none. Oh, yes.

47:05Chair, sorry if I may. There were no recommended conditions on this.

47:09You're right. Excuse me. Are there any comments? Discussion, excuse me. Member Goodfellow.

47:19Perhaps a question of clarification then. So the motion to approve then does that include the additional condition by engineering?

47:29Or not. Member Pike, I will turn to you as the mover.

47:39I would move to approve with the condition of.

47:50They don't for the drainage. Thank you. Thank you. Member Goodfellow for that catch.

48:01And I am going to just ask again of the applicant. You were aware of that that condition that engineering had suggested. Correct.

48:12Yeah, I got an email notification today that condition. I did have a question as to what the new information was who's referring to that required the condition.

48:25Yeah. Member Goodfellow.

48:33I saw the light on sorry.

48:36I believe engineering is asking for a drainage plan.

48:40Member, if I could ask a question through the chair to staff, I just was wondering what additional information would have prompted this condition to be added this late stage to the member through the chair.

49:06In light of the late correspondence received that provides a little bit more insight into the sketches proposed, including the left elevation and the right elevation, where we can see a little bit of a backslope to the driveway towards the proposed garage.

49:26As well as further conversation with the building coordinator about whether or not a grading and drainage plan was a strict requirement as part of a building permit submission, which it was not.

49:40It would be, in my opinion, appropriate to demonstrate prior to building permit that the grading does not negatively impact the subject parcel or any adjacent parcel.

49:57Okay, thank you.

50:02Any other discussion on the motion before us.

50:08At this point, I'll turn it over to our secretary treasure to call the vote.

50:13Thank you, chair committee members please indicate your vote by responding in favor or opposed to the motion which is to approve this application with the additional condition as outlined by engineering staff.

50:25Chair Smith, in favor, member good fellow in favor, member Hamilton in favor members member pike in favor and members air in favor that chair.

50:41The motion has been approved.

50:43You're free to go.

50:45Thank you.

50:50Mr. Secretary treasure me we have the next applicant.

50:58Thank you chair.

51:00And the next application is file a 6923 variances to permit reduced side yard setback for proposed addition to existing industrial building at 425.

51:14And if you do wish to speak to this application, please call the number shown on the screen.

51:19The number is 5198221260 extension 2524.

51:25When your call is received staff will provide instructions on how you can delegate remotely by telephone.

51:30This is the final opportunity to call in regarding this application.

51:37Is the applicant available either in person or online.

51:44Chair it's Lloyd Greenham Greenham architects remotely available for the meeting today.

51:50And can you state your relationship to the application.

51:56Yes, we're acting as agents applicants for the owners Ross Mara welding on the property.

52:05Thank you and can you tell me if the sign was posted as for the planning act.

52:09Yes, it was and photos submitted to staff.

52:16Thank you. Have you read staff's comments and are you in agreement.

52:20We have and we are. Yes.

52:24Awesome. Will you have 10 minutes to address the committee.

52:29I can be brief.

52:32I think we had some we've had ongoing discussions with staff over a period of time so.

52:38The application was was drafted in light of some earlier discussions and and that sort of thing so.

52:45Basically, it's it's really just sort of a housekeeping exercise for Ross Mara welding the business.

52:52There's a number of small outdated.

52:57Additions to their main fabrication structure that are being proposed to be removed and replaced with.

53:03One newer larger consolidated.

53:07Fabrication space specifically for some finished painting work that that follows their fabrication work.

53:14And it's it's located in and what is currently projecting into an unused side yard area between Ross Mara welding and the adjacent industrial use so.

53:27I'm satisfied that staff and various staff departments have understood the intent the comments made sense.

53:36We read the GRCA comments which were anticipated given the location and its respect to the flood mapping.

53:45So, yeah, I think it's it's all from our perspective quite straightforward quite manageable.

53:52Thank you and thank you for being concise and committee members. Do we have any questions for the applicant seeing none.

54:10I'll turn to my colleagues for a motion member Hamilton.

54:18I'll move approval the application.

54:22Thank you and do we have a seconder member stairs.

54:26Any discussion on the motion before us.

54:31Seeing none Mr. Secretary treasure will you handle the vote.

54:35Thank you chair committee members please indicate your vote by responding in favor or opposed to the motion which is to approve the application.

54:43Chair Smith in favor member good fellow in favor member Hamilton in favor member Pike in favor and members say or in favor that carries chair.

54:58Your application has been approved.

55:01Thank you very much Mr. Chair and committee members much appreciated.

55:07You're welcome. Mr. Secretary treasure may we have the next and I believe the final application.

55:20Thank you chair and this is the second to last application on the agenda tonight.

55:24So the next application is file a 7023 variances to permit increased total ground floor area and increased height for proposed accessory building detached garage at 2071 Gordon Street.

55:38I will also note that this is for applicants watching online to please call the number shown on the screen if you'd like to speak to the application.

55:45The number is 519821260 extension 2524 when your call is received staff will provide instructions on how you can delegate remotely by phone.

55:55And this is the final opportunity to call in regarding this application.

56:00Thank you and perhaps it was wishful thinking on my part to say that this was the applicant last application.

56:06Good afternoon. Can you state your name for the record please.

56:10Jeff Buseman of Van Hart and surveying representing the property owner.

56:15Welcome Mr. Buseman. Can you tell me if the sign was posted as per the planning?

56:19Yes it was.

56:21And have you read staff's comments?

56:23Yes I have.

56:24And you have 10 minutes to address the committee.

56:27Sure.

56:29I don't know if you could put on the sketch if that's right.

56:40This property is at the very south end of Guelph part that was it was in post luncheon annex by the city of Guelph a number of years ago.

56:48It's a large rural residential type property set back from the road a fair bit.

56:54It's a half a hectare that's one and a quarter acres.

56:57There's a single story dwelling.

57:01I'm guessing from the 60s or 70s that's there.

57:04The desire is to build a an accessory building as a garage and then have some storage in the upper part of the building.

57:14So there's two variants requests a is for the size and city staff support the size.

57:20And the second request is for height.

57:23We asked for 5.2 meters.

57:26Talking with my client we can can make it 4.75.

57:32But I'd like to just discuss that a little bit more.

57:36I brought a ask for some pictures that could be presented.

57:40Maybe I could talk about the pictures a little bit.

57:43So kind of a little bit hard to see.

57:46I did zoom in on my phone as much as possible.

57:49The addition is going to be kind of right in the middle there almost where that mouse is maybe a little higher.

57:55You can see that the house is tucked in behind the trees.

57:58So this is looking at it from the left side or in front of the neighbors to the left.

58:04Maybe go the next picture.

58:08I just took this because this is the property to the left.

58:11This is a two story dwelling.

58:13I thought man if we had the addition if we had this building on this property would be no issue because we're definitely below the two floors of this building.

58:22Maybe go the next picture.

58:29This is from the front of the property.

58:33And this is about as clear as you can see without going into the property as to where the addition will not addition.

58:40The accessory building will be it'll be to the left beside the house.

58:44There's a space between the between the accessory building and the house, but it will be tucked in there behind the trees.

58:53If you could go the next picture and that I tried to zoom in as much as possible again.

59:02It'll be tucked behind the trees.

59:04This is you know standing on the shoulder on the client side of the property.

59:09So my point of showing these pictures is that this a building it's going to be taller than the existing house.

59:16It's going to be hidden and it's on this country.

59:21It's on this real property.

59:23I mean the whole idea is to make sure that these things aren't out of place and I appreciate planning staff's perspective to have a general perspective for accessory buildings.

59:33And then general we don't want them to be larger than the dwelling, but I think that this each application has to be seen on its own merits.

59:41I think this is a reasonable application where having this one a bit higher than the house is quite is quite acceptable.

59:50So I just wanted to highlight to the property owner.

59:54He works with computers and servers a lot and he stores them somewhere else in his basement.

59:59He'd love to store them on the second floor of this of this building and not bang his head and be you know have enough room to be able to stand up there, move the boxes around and you know come down the ladder so then he can store his stuff there.

1:00:14And that's what we're looking for the height on this building.

1:00:17So again we're willing to go for 4.75 meters as the maximum height the maximum by the zoning bylaw if I'm not mistaken is 4.0.

1:00:27So we're asking for 3.25 meter above the required the maximum height at this moment.

1:00:35I'd be happy to answer any questions so I think it's a reasonable application so I think variance a is straightforward B is the one we're having some discussion on.

1:00:45Thank you very much committee members do you have any questions for the applicant.

1:00:51Member Hamilton.

1:00:54Yeah question to the applicant and I apologize if this is in there and I just missed it. Do you know how many trees would have to be removed for the building of the garage.

1:01:03Certainly not the ones in the photo that we presented that the ones in the photos are more in front. So it's going to be behind those trees. Just give me a second. I'm going to look at my drawings.

1:01:16If I can figure that out. I remember being at the site thinking.

1:01:24If anything there might be one there's one maple tree that we were hoping to save and we figured some branches would have to move.

1:01:33There's like a shrub kind of thing that we may have to move out of the way but I don't think very much at all.

1:01:40Certainly you're not going to see them from the road.

1:01:47Any other questions committee members.

1:01:54Mr. Buseman can I ask you to mute your microphone.

1:01:58Thank you.

1:02:00I do have a couple of questions.

1:02:05First for the applicant in driving by it appeared to be there's something of a swale. Maybe not a swale but a difference in topography between the lot in question and the neighbor.

1:02:20And it seems your photograph confirms my suspicion that the neighbor is actually a little higher than the existing houses. Right.

1:02:29Yes it's higher. And I remember standing in the area where we're going to build the building.

1:02:38I think I could see the house to the south but it wasn't dominant. There are definitely some trees along the way that are not moving. So they're going to stay there for sure.

1:02:48Okay thank you for that. And I guess my follow up question for you is you said that you would be satisfied with a roof height of 4.75 meters. Is that correct?

1:03:03That's right. By the definition of the zoning bylaw. That's the average of the peak and the top of the peak. Yes.

1:03:10And so were we to entertain a motion? I would suggest that perhaps that would be something that we consider.

1:03:21I'm wondering if staff if it's possible we can put the sketch, the front elevation sketch. It's the front elevation.

1:03:55Mr. Chair I have a paper copy here if needed.

1:04:02Sadly with all the technological improvements we don't have that ability as of yet to broadcast that.

1:04:13Awesome. Those are the side elevations and do you have the front elevation? That's the one. Thank you.

1:04:21My question is for staff. Given the elevations proposed and the comments of Mr. Buseman would staff still be standing on refusal or would they consider this to be inappropriate?

1:04:46To the chair staff comments remain we still do recommend refusal of the variance B with regards to the height.

1:04:55The general intent and purpose of the zoning bylaw and regulating the height of accessory buildings and structures is to ensure that accessory buildings and structures remain subordinate and

1:05:07the main use. This is a situation where you have an existing single detached dwelling that is only one story and as noted on the application form it's only 4.3 meters in height.

1:05:20So even if it were limited to 4.75 is what the applicant said. It would still be higher than the main dwelling and that in combination with the increased grand floor area does make it appear larger as well.

1:05:36So I think the impact of the grand floor area and the additional height I don't think that meets the general intent and purpose of the zoning bylaw and that's why we have recommended refusal of the height variance.

1:05:51Thank you. That's illustrative. Thank you.

1:05:55Committee members do we have any further questions? Seeing none. I'll turn to committee and see what our intentions will be. Committee members what is your wish?

1:06:10Member Sayers.

1:06:15I'd move to approve the application and approve both variances with the condition that the height be set to 4.75 meters.

1:06:27Do we have a seconder? Member Hamilton. Do we have any discussion on the motion? I don't see any comments. I will support this motion. I believe that it does meet the four tests. I think given first of all the difference in height between the proposed addition and the neighbor's yard it doesn't impact the neighbor's yard nor does it impact from the photographs that can be seen.

1:07:03The street view. It's quite well hidden. I do take staff's point that there is that the zoning bylaw is quite clear. However, given the proposed elevation I think that that kind of gable roof will tend to have it subservient to the main house.

1:07:28So I will be supporting it. Any other questions or comments or discussion? Seeing none. Mr. Secretary Treasurer will you call the vote?

1:07:43Thank you chair and I just have a quick question of clarification. There was also a condition on the staff comments. Would that also be forming part of this motion?

1:07:56Member Sayers.

1:08:00Yes.

1:08:05Thank you chair and thanks for that clarification through you chair to member Sayer. So committee members please indicate your vote by responding in favor opposed to the motion which is to approve the both variances with the condition as outlined in staff comments and as recommended by member Sayer.

1:08:20Chair Smith.

1:08:21In favor.

1:08:22Member Goodfellow.

1:08:23In favor.

1:08:24Member Hamilton.

1:08:25In favor.

1:08:26Member Pike.

1:08:27In favor.

1:08:28And member Sayer.

1:08:31In favor.

1:08:32That carries chair.

1:08:33Your application has been approved.

1:08:35Thank you.

1:08:36You're welcome.

1:08:37Mr. Secretary Treasurer for the last application may we have that.

1:08:47Thank you very much chair. So the final application on the agenda today is a 71 23 that's variances permit reduced parking weather protected short term bicycle parking electric vehicle parking and increased building height for proposed self-store.

1:09:06And I will note as well if you wish to speak to this application please call the number shown on the screen.

1:09:12The number is 519 822 1260 extension 2524 when your call is received staff will provide instructions on how you can delegate remotely by phone.

1:09:18This is the final opportunity to call in regarding this application.

1:09:23Is the applicant present.

1:09:25I am sure.

1:09:28Welcome can you state your name in a relationship to this application.

1:09:35Sure. Mr. chair and members of committee. My name is Amanda Koslaw ski.

1:09:39I work with Armstrong planning and I'm here representing the owners.

1:09:42Cowey Capital Partners Inc.

1:09:44Welcome and thank you for that information.

1:09:47Can you tell me if the sign was posted as per the planning act.

1:09:51Yes it was.

1:09:52And have you read staff's comments.

1:09:55Yes I have.

1:09:57And saying that.

1:09:59You have 10 minutes to address the committee.

1:10:02Thank you very much.

1:10:05So I'm here today on behalf of Cowey Capital Partners Inc.

1:10:08In regards to their proposed redevelopment partial redevelopment of their property at 595 on my road north.

1:10:16That property is an existing self storage facility on lands that are currently designated service commercial.

1:10:22By the official plan.

1:10:24And our zones highway specialized highway service commercial and service commercial under the new bylaw.

1:10:32We're here because Cowey Capital is looking to expand their existing facility in order to better serve their residents and businesses in the area.

1:10:40And through this application where we've been working with staff to.

1:10:45On a site plan application for a proposed four story expansion on site.

1:10:50It would also result in the demolition of three existing one story self storage buildings.

1:10:55And that we know is through a separate application.

1:10:58The total GFA proposed for the new building is just over 5600 square feet through the demolition.

1:11:04There would be a loss of 1400 square meters.

1:11:07Sorry for 5600 square meters.

1:11:09There would be a loss of 14 just over 1400 square meters.

1:11:12For an overall gain on site of about 4200 square meters.

1:11:16As I mentioned, we've been working with staff to obtain site plan approval and we are just about there.

1:11:21What the last thing we need is to work through five variances that were identified.

1:11:26This includes four variances to the new bylaw and one variance to the old bylaw.

1:11:31And in total, there's three variances that are related to parking.

1:11:35One is related to height and one is related to visitor bike parking.

1:11:40So in terms of the total variance, we're going to be looking at the total variance.

1:11:45In terms of understanding better understanding the site and what the parking needs on site are.

1:11:50We did commission a parking study by paradigm transportation solutions and it concluded that this particular use, which is a self storage facility really only requires somewhere between 11 and 28 parking spaces to function properly and appropriately, keeping all parking on site.

1:12:07And that's because, as you can imagine, the nature of a self storage facility, you drive up to your storage locker for the most part, or you drive into a loading bay, you offload, you reload, and then you leave the site. You're not leaving your car in a parking spot that's not close to your storage unit.

1:12:22And so the, the old bylaw actually requires 96 parking spaces be provided and the new bylaw.

1:12:30Requires 54 parking spaces be provided, which is both significantly more than what paradigm would deem appropriate for the site.

1:12:37We have provided 50 parking spaces on site. So we're very close to the new bylaw, but we just couldn't couldn't make it.

1:12:44But that still represents a significant over dedication compared to what paradigm would recommend for the site.

1:12:53The new zoning bylaw also requires that a minimum of 10% of the required parking spaces be provided as electric vehicle parking spaces and then a minimum of 20% of the total required parking on site be designated for electric vehicle parking.

1:13:06No vehicle parking is provided.

1:13:09And none are being designated as a parking spaces. And again, that's because of the nature of use or typical use on a self storage facility is people drive up to their unit, they offload, they reload, they're not parking in a parking lot.

1:13:22And so they will have no use for the electric vehicle parking.

1:13:27We are asking for a variance for height. The current zoning bylaw or the new zoning bylaw allows a maximum of three stories where we're requesting a maximum of four stories.

1:13:37And this is just to make best use of the site to provide space that the clients believe is necessary to serve the community.

1:13:47When we first began our site plan application, we were working with the old bylaw that actually allows the four stories and that's what's at the cap. And so we came all this way.

1:13:56We've very close to our site plan application and the new bylaw was adopted, but appealed and so now we're asking for a variance to allow that extra height. It shouldn't have any impacts or it has no impact really on the neighbors.

1:14:10This is in an industrial area for the most part. It is not close to any residential uses or any sensitive uses. It provides a 17 meter front yard setback and a three meter side yard setback. So the extra story is sufficiently set back from neighboring uses.

1:14:28The final variance that we're requesting is for the provision of weather protection for visitor bike parking. We are required to provide two visitor parking spaces and one of which needs to be weather protected.

1:14:42Again, this is a self storage facility. And so, although we are providing the minimum, we're providing five visitor bike parking spaces on site to meet the old bylaw.

1:14:50But we're not providing or proposing any weather protection for those parking spaces because it's a self storage facility in the middle of an industrial area. So you're not likely to ride your bike with your boxes.

1:15:02And if you are, you're going to ride your bike up to your storage unit or into the building, you're not going to leave it outside.

1:15:10So, in our opinion, the proposed development represents some more efficient use of the land and meets the four tests under the planning act. It meets the general intent of the official plan in the zoning bylaw.

1:15:22We believe that they're desirable and appropriate for the development of the land and that they're minor in nature.

1:15:30And so with that, I thank you. And if you have any questions, I'm more than happy to respond.

1:15:36Thank you. Committee members, do we have any questions of this applicant?

1:15:46I do have one question of the applicant and that is, how many employees would normally be on site during the day?

1:15:54Most there would be two employees on site.

1:16:00And is there any bicycle parking that is made available?

1:16:06Yes, there will be five, there will be five visitor parking spaces outside, but there's also requirement to provide parking, locked, safe, secure bicycle parking spaces inside the building for long term occupants, which would be the employees.

1:16:23So that is being provided.

1:16:25Thank you.

1:16:28Committee members, do we have any other questions?

1:16:34Seeing none.

1:16:36Committee members, what is your intent? Do I have a motion?

1:16:44Member Goodfellow.

1:16:46A motion to approve.

1:16:48And we need a seconder.

1:16:51Member Hamilton. Is there any discussion on the motion before us? Seeing none.

1:17:00Mr. Secretary Treasurer, may we have a vote?

1:17:04Thank you, chair. Committee members, please indicate your vote by responding in favor or opposed to the motion, which is to approve the application.

1:17:12Chair Smith. In favor. Member Goodfellow. In favor. Member Hamilton. In favor. Member Pike. In favor. And member Sayer. In favor. That carries, chair.

1:17:29Your application has been approved. Thank you.

1:17:33You're welcome.

1:17:35I believe this concludes our business for today. I have no announcements. Secretary Treasurer, do you have any?

1:17:43Thank you, chair. There are no staff announcements at this time.

1:17:46Thank you. At this point, I'll entertain a motion to adjourn.

1:17:53Member Goodfellow.

1:17:55Seconder. Member Sayers. All those in favor. We stand adjourned. Thank you, committee members.