Committee of Adjustment

8:32Good afternoon, Guelph. I'd like to call to order the November 14th hearing of the City of Guelph Committee of Adjustment.

8:39This hearing is being held in a hybrid format with attendees appearing in person and or remotely and is being live streamed and recorded.

8:48Please be advised that the public hearing form part of the public record and the words, names or images of those participating shall be recorded and posted online.

8:58Before I outline the hearing format for today, if you're watching online and wish to speak to an application that's listed on the agenda and have not yet submitted a request in advance of the hearing,

9:11please call the number displayed on the screen now, which is 519-822-1260 extension 2524.

9:23That's 519-822-1260 extension 2524 and you will receive instructions on how to participate.

9:32For those attending the hearing in person, you shall also be given the chance to address the committee.

9:37A final call for delegations will be made when each application is called.

9:42The agenda for this hearing has been posted online at guelph.ca forward slash cofa.

9:51I'll remind all committee members and staff participating in the hearing to please mute your microphones when not in use.

9:59Applicants will be unmuted when their application is called.

10:03I'd also like to share the hearing format we'll be using to navigate through each application.

10:09Each application shall be called by the secretary treasurer and the call in number for those wishing to speak to an application will be displayed on the screen.

10:20Afterwards, the applicant will be given the opportunity to add anything further to their application to a maximum of 10 minutes.

10:30You will hear a chime when there are 30 seconds left and another when the 10 minutes have expired.

10:36If you are the applicant and have nothing further to add, you can simply say so.

10:41The committee will then be able to ask questions of the applicant or staff.

10:46After that, we'll hear from members of the public who wish to comment on the application.

10:51Please note that all comments should be addressed through myself the chair.

10:56Please avoid repeating concerns already stated by others and focus on adding new information.

11:03Comments are limited to 10 minutes or less. You will hear a chime when there are 30 seconds left.

11:09Another when 10 minutes have elapsed.

11:12Delegates who have advised staff in advance of the hearing they wish to display presentation, your presentation will be shown on the screen.

11:22And a remote is available at the podium for delegations to advance the slides.

11:28Any members of the public who have submitted a request to speak prior to the hearing will be the first invited to provide comments.

11:36For those watching the hearing online, if you wish to speak to an application and have not submitted a request in advance of our hearing today,

11:46please call the number displayed on the screen now.

11:49For those attending the hearing in person, you will also be given a chance to come forward to this podium and address the committee.

11:58Once all comments from the public have been heard, the applicant or staff will be given the opportunity to respond to comments.

12:05Finally, as the chair, I will turn to our committee for a motion and deliberation, as well as a vote on the application.

12:14When the committee is making a decision on an application, as chair, I will be asking the secretary treasurer to conduct the vote by roll call.

12:23Our secretary treasurer shall call each of the members' names and each member will respond if they are in favor or opposed to the motion.

12:33As chair, I will announce the result of the vote.

12:37If you wish to receive a copy of the decision of an application, including information about the appeal procedure, you must submit a written request.

12:48A written request may be made by contacting staff using the contact information shown on the screen.

13:02To receive a copy of the decision, please email cofa at gwellf.ca with your name and the file number you're interested in.

13:13Please note that owners and applicants automatically receive a copy of the decision.

13:20At this point, it's time for our territorial acknowledgement, and I'll ask Member Spears to provide the territorial acknowledgement. Member Spears.

13:31As we gather, let us take time to reflect on our privilege to live and work in Guelph, a city built over rich indigenous histories.

13:38We 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.

13:47If our actions today can move us towards reconciliation, we should take pause and make those decisions with intention and gratitude.

13:55This place we call Guelph has served as traditional lands and a place of refuge for many peoples over time, but more specifically, the Yadavanderonk and the Haudenosaunee.

14:05This land is held as the treaty lands and territory with the Mississaugas of the Credit First Nation.

14:11Guelph lies directly adjacent to the Haldeman Tract and is part of a long-established traditional hunting ground for the six nations of the Grand River.

14:19Many First Nations, Inuit and Métis people who have come from across Turtle Island call Guelph home today.

14:28Thank you, Member Spears.

14:32Committee members, I must ask at this point if there are any pecuniary interest, and if so, please raise your hands.

14:38Seeing none, I have more than one set of meeting minutes to approve.

14:53If we have the September 26th and the October 10th meeting, so I would, Madam Secretary Treasurer, I would like a little advice.

15:05Can we approve both minutes at the same time? We can. Okay.

15:10So I would entertain a motion to approve the minutes.

15:14Unless there are Member Spears and a seconder, Member Sayer, all those in favor, that appears to be carried.

15:27At this point, in the procedure, it's normal if we have any deferral requests to have those come forward first.

15:39And I have confirmed with the Secretary Treasurer that there are three deferral requests, so I'm going to entertain those three first.

15:48Madam Secretary Treasurer, I'd also like to play a little game of musical applications, if I may.

16:03After the deferral requests, I'm suggesting with, unless there's any objection from my colleagues, to move the Water Street application to come after our deferrals.

16:23After that, I think I'd like to see item 2.6 move to number two. That's the Arkle wrote one. Are there any objections from my colleagues?

16:39Seeing none.

16:42Madam Secretary Treasurer, could you call the first applicant, please?

16:50Thank you, Chair. And as you noted, there are three applications on the agenda that are recommended for deferrals. So we'll deal with those three applications first.

16:58The first of those deferral recommendations is file B-46-24 for 47 and 87 Highland Road. And staff is recommending deferral until the extent of the natural heritage system has been confirmed and it has been demonstrated that the consent application doesn't include lines that bisect the natural heritage system.

17:19I'll also note that correspondence was received after the comment deadline for this application from the owner, John Dunnick, outlining response to the staff comments.

17:30And also, if anyone wants to speak to this application, they can do so by calling in that phone number is 519-822-1260 extension 2524 and staff will give you delegation instructions.

17:45And I will note that the applicant, John Dunnick, is here to speak to this application, Mr. Chair.

17:51Thank you. And the applicant is here.

17:56Yes, would you like to approach the podium, please? Good afternoon. Can you seat your name for the record, please? You'll have to push the button. There, our clerk has done it for you. So you're okay. Go ahead, please.

18:22If you could sit your name and your relationship to the application, please. Okay. My name is John Dunnick and I'm representing Dunnick Homes and Dunmell Homes, Inc.

18:31And I would like to give a few details on this property, how to begin connecting. We just have some housekeeping, if I can ask you first, if the sign was posted as per the Planning Act.

18:42Do which? The sign, the poster board. Yeah.

18:49It was posted as per the Planning Act? Sure. The little white, black and white sign with the blue stripe? Which?

19:07Oh, the signs. Oh, yes, the signs are posted on the property. Yeah. Okay. Thank you. Yeah. And I have. Send it accordingly. Okay. Thank you.

19:16And so the other question I have to ask you is whether or not you have read staff's comments and if you are in agreement with staff's comments?

19:27Not entirely. Have you read? That's why I have a response here. Sure.

19:35However, staff has recommended that this application be deferred and do you agree with what staff is saying? No, I don't agree with that. You don't agree with it. Okay.

19:47At this point then, you have 10 minutes that you can address our committee. Okay. Thanks.

19:54Okay. 47 Island Road was severed in 1972. And during the following years, had several owners and purchased by Dunmel Homes Limited in 2013 to keep the properties separated from Dunmel Homes, Inc.

20:11Dunmel Homes, Inc. had purchased 87 Island Road earlier in 2013. We intended to extend the cul-de-sac on Glenburne Drive and develop several lots and use the back part of 47 Island to make this possible.

20:31This process was started in 2013. Sometime in 2016, after many studies by NRSI and others in the divisions, we came to the conclusion that this was acceptable by the Planning Department.

20:48So later that year, we transferred the deed from Dunmel Homes Limited to Dunmel Homes, Inc. to facilitate this. In late 2017 or 2018, the Planning Department with new staff wanted to review the development proposal once more, and it was decided that we could not use the rear portion of 47 Island Road.

21:12This is how the two properties became connected after more than 40 years apart. I now have a purchaser for 47 Island Road, and this is the reason I need to get it severed again. The same purchaser is also interested in obtaining the rear portion of 87 Island Road as shown on the survey from Monarton Surveys.

21:36This purchaser would like to keep it in its natural state as an NSS site and to preserve it as it is at the moment. I would also like to comment on the Committee of Adjustment comments from staff. First, staff recommendation.

21:55First, we do have an updated ICE available, and this will be provided when an updated application is supplied to Planning for the retained 0.53 hectare.

22:08This updated ICE by NRSI does not cover the proposed severance area, as this is not part of the proposed Plan of Suddivision, fronting on Glenburne to create two homesites. Also, this area was not considered woodland in 2016 in the 2016 study by NRSI.

22:33As to the woodland mentioned, this will not be touched and no alterations are proposed. It will be left in its natural state.

22:45Engineering comments. We have no issues with their comments. We also have no objection to require road widening on 87 Island Road and Dental Homes as no objection to deeding the city that required road widening for 87 Island Road.

23:03Comments from building service. We have no objection or issue with their comments.

23:08Electra. We have no issue with their comments.

23:12DRCA. We are pleased to see they have no objection.

23:16Committee of Adjustment administration. We have no issue with their comments.

23:21I will now move to the letter from Mary Coletum, who is a neighbour of the property.

23:32I see her issue clearly as I personally have lived across the street at 47 Island Road for more than 50 years.

23:41One of my sons lives there at the moment. The last thing I would want to do is disturb the national heritage system.

23:49That is why I am pleased that this purchaser would like to be right next door to this area and join the surroundings without disturbing it.

23:59The area to be severed is not being built on or changed in any way. It just transfers the ownership and any wildlife that will come and go as they have been for many years.

24:11The severance is very important to us as 47 Island Road has been sitting vacant and we have been paying full property taxes all these years.

24:22If for any reason the Committee of Adjustment does decide not to give the severance as proposed on the plan from one garden,

24:31could they at least consider giving us the severance for 47 Island Road as it is shown on the tax bill and shown on all city plans and reinstate the way it was severed in 1972 so it can be sold to this purchaser.

24:49I have also attached a survey copy of 47 Island Road to my comments the way it was severed more than 50 years ago.

25:00If there are any questions I would be pleased to answer them if I can.

25:08Thank you very much. If you want to wait right there I will see if my colleagues have any questions for you.

25:14Committee members do we have any questions of this applicant?

25:20Seeing none in the chamber. I don't see my colleagues on the line. No. Heads are shaking. Okay.

25:32And if you want to wait right there we will see if there are any members of the public who would like to address this issue.

25:40So if you just want to hold on for a moment. Are there any members of the public here in the gallery today who would like to comment on this application?

25:54Seeing none Madam Secretary Treasurer are there any online?

25:58Mr. Chair I can confirm no delegation requests have been received.

26:02Okay. Thank you. Committee members what is your wish?

26:06We have yes member Spears.

26:12I would like to propose through Mr. Chair that we actually defer this application until such time as city staff changes their opinion and recommends for approval.

26:25I think it is complicated enough that needs to be clear.

26:29Okay. Do we have a seconder?

26:32Member Balaman this is a deferral so there is no discussion. Madam Secretary Treasurer do you mind calling him out?

26:44Committee members please indicate your vote on the motion which is to defer the application. Chair Smith?

26:51I agree.

26:53Member Balavan?

26:55Agree.

26:57Member Goodfellow?

26:59In favor.

27:01Member Mbrenio?

27:03In favor.

27:05Member Seher?

27:07In favor.

27:09Thank you and member Spears?

27:11In favor.

27:12Your application has been deferred to a future meeting. Madam Secretary Treasurer may we have the next application please?

27:32The next application that's recommended for deferral is file A-89-24 variances for number of parking spaces, parking location and setbacks and angular plane for proposed multiple touch dwelling at 5 Nicholas Way.

27:48I'll also note that there was correspondence received after the comment deadline from Heather Beach and Jessica DeNardis with concerns about the application and those pieces of correspondence have been circulated to the applicant staff and the committee members.

28:05As well if anyone that is watching online that wishes to speak to this application you can do so by calling the number displayed on the screen. That number is 519-822-1260 extension 2524.

28:20And when you call in staff will give you instructions on how you can delegate remotely. I believe the agent is available virtually for any questions. Mr. Chair?

28:29May you... oh yes here we are.

28:32Can you state your name for the record please and your relationship to this application?

28:37Alexander Kalman and I'm an architect at Fire 5 Turner, working on the project.

28:42Thank you and can you tell me if the sign was posted as per the Planning Act?

28:49Yes it was posted.

28:51Thank you and have you read staff's comments and are you in agreement or disagreement with these comments?

28:58Yes I looked over the comments.

29:00I'm wondering for a bit of clarification on the definition of the multiple dwelling unit.

29:10I know that the comments are referring to the project as being able to be a townhouse or back-back townhouse but it had been agreed that the apartment could be considered a multiple dwelling unit.

29:25So if it is considered a multiple dwelling unit can these comments still apply to that?

29:32Okay that's relatively concise and precise question.

29:42So I would like to see if staff can answer that.

29:48To the chair.

29:52Yes go ahead please.

29:53It is a multiple attached dwelling.

29:57The way a multiple attached dwelling is defined is that it... I can just read out the definition.

30:08It could be easy for everyone.

30:10It's a building consisting of three or more dwelling units which are horizontally and vertically attached which are entered from an independent entrance directly from the outdoors or from an internal hall or corridor which share common ground.

30:25So it's a common ground for people in facilities such as a common amenity area, parking and driveways.

30:33So yes the form is of an apartment building.

30:37We just can't call it an apartment building because that's not permitted.

30:41Okay so then you can know the...

30:45I'm just going to ask a little bit of decorum if you would direct your questions through the chair. I'd appreciate it.

30:52So even though the site is being zoned as a multiple dwelling unit, the setbacks and the building kind of comments that were given were for townhouses that still need to apply, those are the only comments that were asked for additional premises.

31:17So it appears that... and I'm allowing a little bit of leeway. This is not supposed to be a back and forth question and answer but as you had a direct answer it's been asked and answered.

31:34So unless you want to continue with your 10 minutes I'm going to stop the discussion but committee members may want to pick up on that.

31:44So do you have any more comments that you'd like to make?

31:47No.

31:50Okay. I'm sorry but I do have a set of rules that I need to follow and I need to be fair to all applicants.

32:00So at this point we have a delegation who has presented. Do we have any members of the audience who would like to speak to this application?

32:09Yes do you want to approach the podium please?

32:34Good afternoon. Can you state your name for the record please?

32:37Kerry Roger.

32:40You have 10 minutes to address the committee.

32:43Thank you Mr. Chair. Just actually going to the zoning I'm very confused. I'm a resident in the area living very close to where this apartment building or multi attached dwelling is going to be built.

33:00It indicates in the notes that I read that as it's zoned it is not zoned for an apartment building and yet we are building an apartment building.

33:13And I truly don't understand the difference between what's proposed to be built and what an apartment building is.

33:21And I wondered if staff could actually answer the question what is the difference between a multi attached dwelling and an apartment building?

33:37They're both horizontally and vertically attached. They're entered from an independent entrance directly from outdoors or from an internal hall or corridor.

33:46They share common facilities. What's the difference between that and an apartment building?

33:59Are you asking for definition from the committee? I think as I mentioned to the applicant this isn't a back and forth.

34:10You have 10 minutes to address the committee and you have concerns that we've taken note of and my colleagues may ask questions of staff to follow up.

34:22I believe staff has already answered that particular question. So do you have anything more that you'd like to add?

34:29Mr. Chair can you from the description that staff just provided I don't understand the difference between an apartment building and what's being built.

34:37And we're not zoned accordingly. If it's based on the zoning you cannot build an apartment building in that zone.

34:55And at the risk of repeating myself this is not a question and answer period.

35:01So if you have anything more to add we're happy to listen to your delegation.

35:06And as I say my colleagues may have further follow up with staff that would help you understand that.

35:16Okay. Yes. Thank you very much. I'm just looking for clarification between the two.

35:22I understand. Generally speaking it's not a well understood point.

35:28And I appreciate you coming forward to try and get some answers.

35:33And that's why I'm giving you a little bit of leeway.

35:37But I have a responsibility to move this along with some alacrity.

35:44So if you have nothing more to add I will thank you.

35:47Thank you. Thank you.

35:49Are there any other members of the audience who would yes please approach the podium.

35:54Good afternoon. Can you state your name for the record please?

36:09Sure. My name is Marianne Franco.

36:12Thank you. And the same rules apply. You have 10 minutes to address the committee.

36:16Thank you. I will do my best to express the concerns that we have.

36:21I'm also a resident of that community.

36:24Live in one of the homes that's right next to the lot where this is proposed to be built.

36:28We have concerns in the neighborhood that what's being the changes that are being proposed are going to really significantly increase the traffic in the area.

36:39We understand there is a comment about its zone as a three dash four zone residential are three dash four zone.

36:53But it can't be called an apartment is something that was mentioned earlier.

36:57So that's also where this confusion from Gary and myself are coming from.

37:01So we would love to understand that a little bit better.

37:04And also once again express our concerns that these changes that are being requested are going to result in even increased traffic.

37:11Not enough parking spots and also the sight lines that we invested in when we purchased these homes would be impacted even worse than what was sold to us when we were considering these homes.

37:25Thank you. Thank you. And if you want to wait right there I'll see if my colleagues have any questions for you.

37:31Thank you. Committee members do we have any questions of this delegate.

37:35And I'm not seeing my colleagues online so just give me a moment.

37:42I'm seeing shaking heads so thank you very much for coming and and making your presentation.

37:52I do appreciate it.

37:54Are there any other members of the public in the gallery who'd like to speak to this application seeing none.

38:02Madam Secretary Treasurer are there any online.

38:06Mr. Chair we do have a couple other delegates the first that is via video.

38:12Artem I if Manko is online Artem present.

38:21Well Mr. Chair yes I'm here.

38:26Awesome. Can you state your name for the record please.

38:29My name is Artem you from and you have 10 minutes to address the committee if you'd like to make as much or as little time of use of that.

38:37Time please go ahead. Mr. Chair I'm also living in a neighborhood of Teraview upcoming and hopefully not upcoming.

38:48Three stories dwelling units and I would like to raise a concern that there is no literally room to the party vehicles that we already have in in our neighborhood.

39:05In our neighborhood we have neighbors with at least two cars and the proposal is coming to have 40 40 parking spots for 30 units which means one family is going to have only one vehicle.

39:20So there is literally no bus stations around so means family would have to have commute somehow.

39:30There is no coffee shops there is nothing around and the way it's been sold to us has been told earlier it's going to be impact our value and it's a force of the tithing.

39:47I think we want to leave our peace life here and I'd like to raise a concern in this matter. Thank you Mr. Chair.

40:01Thank you very much. If you want to wait right there let me see if committee members have any questions for you. Committee members do we have any questions of this delegation.

40:10Seeing none. Thank you very much for your for your delegation.

40:16Thank you sir.

40:19And Madam Secretary Treasurer do we have any other remote delegations.

40:26Mr. Chair we do have an in-person delegation. Ben Beardsall I believe.

40:41I didn't hear that.

40:48Mr. Chair it sounds like that delegate is here for the 63 ARCLE application.

40:53So we have no more delegations on this particular matter. Okay.

41:06My confusion clouds are lifting so we'll get back to our agenda. Committee members what is your wish.

41:19Oh just just one moment before I go I'm jumping ahead.

41:24The applicant is the applicant here. There she is.

41:30Hello. Do you want to address any of the questions that were raised by the public.

41:38Yes I have a presentation that I think I.

41:46Okay how do I change the slides.

41:49Just I'm sorry I'm I think we're getting a little bit of out of order here.

41:57You have 10 minutes to address the committee and you made a number of questions which I allowed and now you're asking for a presentation which I'm going to rule is out of order.

42:11This this should have been made in your 10 minute presentation so I'm giving you the opportunity to speak specifically to some of the questions that have been raised so if you'd like to take a few minutes to.

42:27Answer those questions and if by way of illustration you want to use part of your presentation I'll allow that.

42:35So I hope I'm being generous enough but we have a very full agenda tonight and bouncing around and not keeping to our agenda and our rules is is not in my book so please make use of your time well thank you.

42:53Yes I'm sorry I didn't realize I seated by time at the beginning.

42:59Not everybody's responsible or understanding of the rules that's why I lay them out at the beginning and I'm trying to be a little bit flexible but apology accepted so please go ahead.

43:10So can I please do my presentation.

43:12Can I do my presentation.

43:14Okay hopefully this presentation should address some of the concerns of the community.

43:21Just a quick question to change the slides do I just ask.

43:25You or.

43:27How do I change the slides here.

43:31Just ask to move the slides ahead and our clerks will be able to do that for you.

43:36Okay so this lot is part of the human channel subdivision laid out in the draft draft plan of subdivision which is approved in 2016.

43:46This plan was intended to achieve a specific overall housing density and to achieve this the subdivided loss for each I located a target number of units.

43:56The low density lots on the site have now all been built out leaving four sites at the end of the subdivision and develop.

44:03Can you please change the slide.

44:06So here's the site plan.

44:09These are all the higher density lots in the draft plan of subdivision and are attending to accommodate a total of 125 units and 1.1 hectares.

44:18The unit count allocated to the subject site was 29 units.

44:2229 on street townhouse slash multiple dwelling units and the proposed building maintains intended 100 to 120 hectare density.

44:31So I understand there's the comments about you know the density of the site and apartment building but as I like to reiterate as part of the 2016 draft plan of subdivision.

44:42This site was always intended to have a higher density within this subdivision.

44:47So you can.

44:49Yeah, so.

44:52Change the slide.

44:53So the site of the intersection of Shakespeare Drive and Nicholas way is unique in its shape and photography to the extent of the normal definitions of front and side are to not be applicable.

45:06There's a drop in elevation about four meters of Shakespeare Drive to the law line at the rear.

45:11Approximately one third of the total site area has a regular parameter.

45:15Formed by the long curve of Shakespeare Drive to the southeast and series of short straight lines at a regular angles on the northeast side.

45:24By the zoning by law definition this highlighted area shown on this image forms the exterior side of the law.

45:31The logical position for a building is the portion of the northwest side where an area of approximately 68 meters by 30 meters is available for the rectangular building which is what's shown here.

45:42So the proposed building will be located on the regularly shaped part of the site and most of the required parking will be located within the basement.

45:50The limitations of space within the building for me and that the visitor parking has to be located outside at grave.

45:56The available space for this parking is an exterior side.

46:00So we're requesting my various to do with this. So if you go back slide.

46:05So the first is the car going to approach on the required rear yard setback to the NHS so I'm plan.

46:13The required parking and drive off it almost entirely within the required rear yard parking setback.

46:20However, the available land and their regular shape of the site around you requires that small portion of the parking space is encroach on three meter parking setback.

46:27This encroachment affects only 20% of the rear yard setbacks.

46:32The parking encroaches 1.26 meters and a minimum and the minimum setback from the property line is 1.7.

46:39This encroachment affects a line for only 2.7 meters.

46:42So you can see here highlighted in the box.

46:45Additionally, the north boundary of the site will be will be a retaining wall with a closed boarded fence along the top.

46:52The elevation of the parking area would be approximately 1.2 meters above the NHS land to the north.

46:59The location of the parking area will be sufficiently isolated from the adjacent land to avoid visual or acoustic disturbance to the adjacent parkland.

47:06So again, what to do with the parking.

47:11The parking has a requesting of variance to have the parking encroach into the required exterior side yard parking setback.

47:20So the available land required requires that some of the parking spaces approach on the three meter setback Shakespeare Drive.

47:29The minimum setback from the exterior side yard is 1 meter.

47:32The parking will be a box of three meters below the Shakespeare Drive elevation and will be screened with planting.

47:38Very little of the parking will be visible from the street and the shrub planting proposed will contribute to an attractive public ground facing Shakespeare Drive.

47:46Next slide.

47:48Miss Kalman, I'm going to stop you there.

47:51You're going through your presentation and I've already ruled that you can use your presentation to answer some of the specifics that have been raised by the neighbors.

48:00So I'm going to rule that unless you have something specific to add to the answers, I'm going to cut you off right there.

48:12Okay. No, that's it then.

48:16Thank you.

48:18We've heard from the applicant.

48:21We've heard from delegations.

48:23Committee members, what is your wish?

48:27Member Spears.

48:29I actually have a question for staff.

48:30Please.

48:32Through you, Mr. Chair, to city staff.

48:34I share the delegation's confusion about the definition and I know you said it earlier, staff member, but I think it bears repeating.

48:45If we say, yeah, it's an apartment, but we can't call it that.

48:49And I think those are your words.

48:51Then it's an apartment and if it's an apartment, it's not zoned correctly.

48:55I share the confusion.

48:57Could you help me understand why it is what it is?

48:58Yes, through the chair to member Spears, um, a multiple attached dwelling, the way it's defined can take on the form of an apartment building.

49:10It's multiple units in one structure.

49:12The difference is apartment building is not permitted in this zone.

49:19Um, apartment buildings do have much different zone regulations.

49:23This multiple attached dwelling is following the zone regulations of the RL three site specific and what's not in the site specific, the remainder of the RL three zone regulations, which is for townhouses.

49:38Um, they do have very different zoning regulations than an apartment building would have.

49:42So does it look like an apartment building?

49:46Yes.

49:49It's a zone regulations of a townhouse.

49:55It's how the site specific was done back, um, through an OMB approved subdivision.

50:02That last phrase helps me understand.

50:10Thank you.

50:14Do we, uh, and forgive me.

50:16I, uh, I have another question that looks like member Goodfellas.

50:22Yes.

50:23And, um, I think again, I'm just looking to clarify the staff's comments and their recommendation for deferral.

50:31So, uh, through the chair to city staff, um, I guess, can you just help me confirm that I understand why you've recommended deferral is because there is this, um, I guess, different between what was applied for versus, um, perhaps the, uh, the, the zoning that would apply.

50:53To a townhouse as you have described, and that that needs to get reconciled before it can come back to this committee.

50:59Yes.

51:03Through the chair to member Goodfellas, um, this site isn't for site plan approval.

51:09Just when it was applied for C of a, um, I think the timing didn't line up with the site plan approval review.

51:17So I did complete a full site plan review for it and did no additional variances that I did find.

51:24That need to be addressed.

51:25Thank you. That's very helpful. So just through the chair, just to confirm. So a deferral today would give the applicant more time to review the additional variances that you identified and then give them some time to incorporate them into a new application.

51:42Have I got that right?

51:43Correct.

51:47Thank you. I appreciate that clarification.

51:49Thank you, member Goodfellow and good detective work. Um, committee members, do we have any more questions?

52:00Uh, what is your wish?

52:05Member ballamon.

52:07I move that the application be deferred.

52:11And we have seconder member Spears. There's no debate on a deferral member. Uh, madam secretary treasure. Can you call the vote please?

52:23Committee members, please indicate your vote by responding in favor or opposed to the motion, which is to defer the application.

52:29Chair Smith in favor member ballaban in favor.

52:33Member Goodfellow in favor.

52:35Member membrane in favor.

52:38Member ser and member Spears in favor.

52:42Let's carry Mr. Chair.

52:44Thank you. Your application has been deferred to a future meeting and you're free to leave the meeting. Madam secretary treasure. May we have the next applicant please?

53:03The last of the deferral recommendations is file a dash 87 slash 24 variance to permit reduced side yard setback for existing roofed landing and exterior stairs at 90 Toeville Drive.

53:16I'll note for those attending remotely, if you wish to speak to this application, you can do so by calling the number displayed on the screen that numbers 5198221260 extension 2524 staff will give you instructions on how you can delegate remotely.

53:31I do believe that the agent Toby Lee is present via video to speak to this application.

53:38Is the applicant present? I see someone on the screen here. Can you state your name for the record please?

53:49Yes, Mr. Chair. My name is Toby Lee and I'm a relative of the applicant.

53:54Thank you. And can you tell me if the sign was posted as per the planning act?

53:59Yes, it is.

54:00And have you read staff's comments about deferral and are you in agreement?

54:06Yes, I have read the comments and yes, we are in full agreement.

54:10Thank you. And if you wish you have 10 minutes that you may address the committee.

54:15Thank you, Mr. Chair. I believe I have nothing to add.

54:20Thank you.

54:21At this point, are there any members of the committee who would like to ask you any questions?

54:29Committee members? Seeing none, are there any members of the gallery who would like to speak to this application?

54:37Seeing none, are there any members online, Madam Secretary Tresher?

54:45Mr. Chair, I can confirm no delegation requests.

54:49Thank you. And committee members, what is your wish?

54:51Member Sayer.

54:56I move to defer the application.

54:59We have a deferral. Do we have a seconder?

55:03Member Marbrano.

55:05There is no debate on a deferral.

55:08I'll ask the Secretary Tresher, Madam Secretary Tresher, will you call the roll please?

55:14Committee members, please indicate your vote by responding in favor or opposed to the motion, which is to defer the application.

55:21Chair Smith.

55:22In favor.

55:24Member Balaban.

55:26In favor.

55:28Member Goodfellow.

55:30In favor.

55:32Member Membranio.

55:34In favor.

55:36Member Sayer.

55:38In favor.

55:40And Member Spears.

55:42In favor.

55:47That's carried, Mr. Chair.

55:49Your application has been deferred to a future meeting and you're free to leave.

55:56That's carried.

55:58Mr. Chair, the chair's direction is file A-88-24, variances for setbacks for proposed addition to existing dwelling and variances for setbacks in projection for proposed front porch, stairs, and front and rear balconies at 76 Water Street.

56:10I'll note for those attending remotely, if you do wish to speak to this application, you can do so by calling the number displayed on the screen.

56:19That number is 519-822-1260, extension 2524.

56:26Welcome. Can you state your name for the record, please?

56:29My name is Michael Lendinger.

56:31And your relationship to the application?

56:33I'm the owner of the property.

56:35Thank you.

56:37And was the sign posted as per the Planning Act?

56:39It was and it still is.

56:41And have you read staff's comments?

56:43Yes, I have.

56:45Are you in agreement with staff's comments?

56:47I am in agreement with staff's comments.

56:49Okay. Well, with that out of the way, you have 10 minutes to address the committee and you can make as much use of that time as you'd like.

56:53Yeah, I really have nothing to say to the committee except that I'm thankful for working with city staff to come to some solutions for what turned out to be a rather difficult property to deal with.

57:07So I'm thankful.

57:09That's all I have to say.

57:11Thank you very much.

57:13Committee members, do we have any questions of the applicant?

57:15I see shaking of heads.

57:19So that would indicate that there are no questions for you at this time.

57:22If you want to wait right there, I'm going to see if there are any members of the public who'd like to speak to this.

57:28Are there any members of the gallery who would like to speak to this application?

57:33Seeing none.

57:37Madam Secretary Treasurer, are there any online?

57:40Mr. Chair, I can confirm no delegation requests.

57:44Okay. Committee members, questions or comments or do you wish to present a motion?

57:54Member Spears.

58:00Through you, Mr. Chair, I move that the committee accept this proposal with the condition recommended by city staff.

58:07And that is refusal of D. Am I correct?

58:11Correct.

58:13Okay. Thank you.

58:15And do we have a seconder?

58:19Member Bernan-Borino is seconding.

58:21Any discussion on this?

58:25Seeing none.

58:27Madam Secretary Treasurer, would you call the vote please?

58:31Thank you, Mr. Chair.

58:32And just for the refusal for variance D, I believe, if I can just get the member that moves that refusal if they can provide some reasons.

58:42I assume it says per the staff comments, but just so we have that for the decision would be appreciated.

58:47Through you, Mr. Chair, that I would say it's exactly what staff said.

58:52I'm following their suggestion.

58:54Not desirable for the appropriate development of the land and is not minor in nature.

59:02Thank you.

59:03Committee members, if you can please indicate your vote by responding in favor or opposed to the motion, which is to approve variances A, B, C, E, and F and refuse variance D.

59:15Variance D is regarding the balcony at the rear of the dwelling to have a minimum left side setback of 1.2 meters.

59:22If you can indicate in favor or opposed, that would be appreciated.

59:27Chair Smith.

59:29In favor.

59:31Member Balaban.

59:33In favor.

59:35Member Mambrenio.

59:37In favor.

59:39Member Seher.

59:41In favor.

59:43And member Spears.

59:45In favor.

59:47That's carried, Mr. Chair.

59:51Thank you.

59:53Your application has been approved.

59:55Thank you.

59:57And Madam Secretary Treasurer, if I haven't mixed up things too much, could we have the next applicant, please?

1:00:08Thank you.

1:00:11Supervisory 네 Gala 53, slash 24, variances for home occupation location.

1:00:19Outdoor display and sales area and retail establishment sites at 63 Oracle road.

1:00:29I'll note, for those attending remotely, if you wish to speak to this application, you can do so by calling the number displayed on the screen.

1:00:35Also note that there was a variety of pieces of correspondence submitted regarding this application after the comment comment deadline

1:00:43Those comments are from Carol Ann Douglas and Vlasman Artie Miller Chris Duke Deb Bell Erwin Ellen

1:00:51Free Hub Community Bike Center Jane Hack Lynn Lewis Maureen Blackwood Nancy Watkinson

1:00:57Suzanne Gates Mary Meg McGurk Lynn Lodge and Nancy Watkinson

1:01:02And those pieces of correspondence were in favor of the app in support of the application and that those pieces of correspondence have been

1:01:09circulated to

1:01:11staff and the committee members

1:01:14Thank you, and I want to thank the

1:01:20Secretary-Treasurer for getting this to us beforehand so we could read them all and

1:01:26Is the applicant here?

1:01:29Yes, please come forward. Good afternoon. Can you state your name and your relationship to the application, please?

1:01:50I'm Mary Reif. I am the owner of the property

1:01:56Welcome and can you tell me if the sign was posted as per the planning act? Sign's been posted forever

1:02:01well

1:02:04It only needed to be

1:02:07presented for 30 days, I believe so forever will do can you

1:02:12Tell me if you read staff's comments, and if you have are you in agreement with them?

1:02:16I have delightfully read staff's comments, and yes, I am in agreement

1:02:22Thank you. You have

1:02:2410 minutes to address

1:02:26Myself and the committee members, so please make as much or as little use of that as you'd like. Thank you

1:02:33Chair committee of adjustment. Thank you for the opportunity to speak

1:02:38Bylaws are a good thing. They protect us. They protect our property values and our communities from harm

1:02:46That is their sole purpose to protect us from harm

1:02:50If my neighbor decided to constantly run noisy power tools all day or night

1:02:55That would harm me and I hope a bylaw would shut it down

1:02:59If a neighbor decided to permanently display his beat-up old sofa on a front lawn

1:03:04And it became a nesting place for vermin. I hope a bylaw would shut it down

1:03:10If a developer decided to both demolish one single house in my neighborhood and cram 12 houses into the same spot and

1:03:17The rent them to university students

1:03:19I hope that would be shut down because it would cause irreparable harm to my quiet residential neighborhood

1:03:26So you see bylaws can be a wonderful thing. They protect us from harm

1:03:33They should never prevent us from doing good

1:03:41No one should say oh look he's doing some good that benefits our community

1:03:47Let's make a bylaw and shut it down

1:03:50That would be ridiculous and definitely a place where I'd not like to live I

1:03:56Have lived at my present community for 34 years and at some point have benefited. Oh, sorry

1:04:02I

1:04:10Need a moment. No, I've got it here

1:04:15For 34 years and I've benefited from the skills of a majority of people in my neighborhood

1:04:21We know love and support one another

1:04:24If some neighborhood kids set up a lemonade cookie stand in front of their front lawn to raise money for a school trip

1:04:30I could call a bylaw officer and have it shut down or

1:04:34We could go to the lemonade stand buy some and wish the kids well

1:04:40One way builds community one way

1:04:44destroys community

1:04:47if a neighbor dared to put up a permanent display of a

1:04:50Whoo little free library on their front lawn

1:04:54We could have it again invoke the permanent no permanent display bylaw

1:04:58Or we could rejoice that a wonderful new event dimension has been added to the neighborhood

1:05:05One way enriches the community the other way diminishes community

1:05:12the retail lemon stand or

1:05:15The permanent display free library are both convening the letter of the bylaw

1:05:21But not the intent

1:05:23The intent meaning protecting us from harm

1:05:26Some of my many skills include being a knowledgeable perennial plant lady professional seamstress

1:05:34award-winning baker

1:05:36And a bicycle mechanic

1:05:39I'm sure I have broken the letter of some bylaws at other times

1:05:43But never never the intent which is to protect my community from harm

1:05:48I try to use each and every of these skills that I own

1:05:53To better my community and make the world a better place

1:05:58in the case of this variance I

1:06:02Have tried to rack my brain to think of what possible harm

1:06:06I could have done to somebody that would cause them to complain and I honestly couldn't come up with anything

1:06:14Bylaws are meant to protect us not punish good people from doing good

1:06:20What I do harms no one yet benefits so many I

1:06:26Think from the

1:06:28120 letters of support that you have received that you know my neighbors and the people of Guelph support me

1:06:35People feel good when they donate their bikes to a good cause instead of adding to the landfill

1:06:42the city benefits from recycling and from promoting healthy and

1:06:47environmentally friendly transportation

1:06:50Low income families and students get bikes that are actually they can afford

1:06:57Local churches who sponsor refugee families know that they can come and receive a free bike for their refugees

1:07:04the optimist club of

1:07:07Puslinch bike rodeo and the love of your bike festival downtown get free safety checks and minor repairs to the folks that attend their events

1:07:15High schoolers can come and volunteer with me and learn a beneficial skill

1:07:22While working towards the required 40-hour service they need to graduate

1:07:27Kids get free lessons on how to learn how to ride a bike and it's just great fun. I

1:07:33Hope I am a positive role model for girls who want to pursue a trade instead of the traditional

1:07:40female occupations I

1:07:43Am an enlightenment to men

1:07:46Who are usually quite astonished that the man mechanic that they are seeking is a very competent gray-haired old lady?

1:07:55I

1:07:56Hope I'm also a role model for seniors to become active and invested in their community

1:08:03So much good is being done. This is a huge asset to the city of Guelph and beyond

1:08:09But the biggest benefit is to the Steven Lewis Foundation

1:08:14Who for just for the last four years have benefit from funds raised of over?

1:08:21$25,000 per year

1:08:28I am very sorry that one single

1:08:33Complaintant who has never been harmed

1:08:36Sought to close down a 14-year old endeavor that benefits so many

1:08:41One complaint has cost this city thousands of man hours and money that could have been better used elsewhere. I

1:08:50Want to thank the city staff for helping my son and I navigate the legalese of those application forms

1:08:58You are truly wonderful. I

1:09:00Am sorry that the city that I love and have lived in for the past 50 years

1:09:05Receive such negative publicity

1:09:08That was not my intention

1:09:12Perhaps you could regain your caring image by funding the 19 thou or the

1:09:18$1900 variance cost back to the Steven Lewis Foundation. I

1:09:23Hope in future when a bylaw complaint comes in the bylaw officers could use some discretion

1:09:30Especially if the lawbreaker is actually doing something good and positive

1:09:35simply ask

1:09:37How is this harming you if there is no harm?

1:09:41They should hand the letter back and say if there's no harm being done then the bylaw does not apply have a good day. I

1:09:50Should thank the Complaintant for giving me more publicity and notoriety than I'd ever dreamed of

1:09:57But good has come from all of this mess. I

1:10:01Have never ever felt such an outpouring of love and support from the people whose lives I have somehow touched

1:10:10From the bottom of my heart. I thank each and every one of you. I'm truly grateful and blessed

1:10:19Thank you very much for your present order order order order order, please

1:10:26Thank you very much for your presentation if you want to write wait right there

1:10:30My colleagues may have some questions for you committee members. Do we have any questions of this delegation?

1:10:37applicant excuse me I

1:10:40Have a question for staff

1:10:45staff

1:10:46the

1:10:48Applicant mentioned one complaint is is that true that this was one complaint that generated this or was it an overzealous

1:10:56bylaw officer

1:10:58To the chair. Yes. It is a complaint that was received

1:11:07Zoning inspectors do not go out and look for issues

1:11:12That was my understanding as well. I just wanted to clarify for

1:11:18for any who might

1:11:21And I do want to make a bit of a statement I had checked with the secretary treasure

1:11:28before the meeting about

1:11:30refunds of

1:11:34Fees and this has to be done

1:11:37It can't be done arbitrarily in a meeting, but it can be done

1:11:41With an application so if one were to

1:11:47Hypothetically come back at the next meeting

1:11:50Then an application we could look at refunding an application fee at that time

1:11:56So by way of information I wanted to put that out there

1:12:00Are there any other

1:12:03Statements or questions for the applicant?

1:12:07Seeing none if you want to wait right there. We may have some people who want to delegate about your issue so

1:12:17Members of the gallery is there anyone I should check with secretary treasure first. Are there any?

1:12:24Applicants who have registered madam secretary treasure

1:12:27Chair we do have some delegation requests the first is

1:12:32See a van geest. I believe that person is in person here. It's sire. Sorry

1:12:40Yes, please come on down to the podium

1:12:44Thank you. Can you and welcome can you state your name for the record, please? My name is sire van geest

1:13:04And you have ten minutes to address the committee

1:13:07So make as much or as little use of that time as you'd like okay through you mr. Chair

1:13:12What I wanted to do actually was flesh out some of those things that Mary has talked about because I've

1:13:19Experienced them firsthand

1:13:22For instance, there was a new Chinese

1:13:25Gentleman that moved into the neighborhood

1:13:27He'd retired and he came to live with his his

1:13:31Family so what's a gentleman that's retired going to do in a strange new land?

1:13:35It was the bicycles that drew him and John

1:13:40Came to Mary and said Mary I would like to learn how to fix bicycles

1:13:45And at the same time he became part of this wonderful community and when you see that gentleman there

1:13:52Free just enjoying that experience and being part of that neighborhood

1:13:57I'd like to flesh out a little bit about what this money that Mary is raising for the grandmother

1:14:02Campaign of the Stephen Lewis Foundation looks like in action. I'll give you two anecdotes

1:14:08There's a woman in Zwasi land a go-go

1:14:1263 years old she was concerned that there weren't

1:14:16coffins in the town that she could get to bury her children from AIDS and

1:14:23So she want to be a carpenter will need to say nobody was going to fund her to buy tools and go to school

1:14:29so the Stephen Lewis Foundation has a

1:14:33Group there and they gave her that money. There's now in that town

1:14:3710 carpenters qualify every child in that town now has shoes has a

1:14:44Uniform and can go to school. There's enough money made to build benches and ward robes and coffins and

1:14:52All kinds of building things those women went to school that tuition was paid the tools were paid

1:14:58They now set up in that town and they now have property to do farming. That's where Mary's money is going part of her pennies

1:15:06I'll tell you one more anecdote. It's out of Uganda

1:15:09There the houses of the Thatch roof homes were falling apart. How are these?

1:15:15primarily

1:15:17seniors grandmothers who were looking after and caring for

1:15:2218 million orphans in Sub-Saharan Africa

1:15:27So the snakes and the bugs and everything coming in so they wanted to build

1:15:32Get a brick making machine

1:15:35so again the foundation paid for that brick making machine with Mary's pennies and monies and

1:15:41thousands of dollars that she contributed and

1:15:44The they got the brick making machine build the shed

1:15:49Stones are gathered. They crush it into sand. They make the cement. They got

1:15:53The the forms to make the bricks they build the brick house and not only that the foundation then then funded and paid for

1:16:02Parallegals to go to school

1:16:05So they could then contest to make sure that whoever they decided would own that house would actually get the property

1:16:11So that's the kind of things that Mary's money is doing but here too. I'm a member of the go-go grandmothers

1:16:18and

1:16:19Mary's is on our agenda every every

1:16:23single month when we meet on the second Tuesday of the month and everybody's welcome to come

1:16:28and there's always joy in her presentations and

1:16:32She brings us together

1:16:34We go to her in the summer. We bring muffins or lunch so that she can go and work and do the bicycles

1:16:41And she's not distracted by having to cook

1:16:43We visit with her mother Alice who is now passed away

1:16:48So Mary's can be seen to do so many wonderful things and it's those bicycles

1:16:54All you have to do and what I do

1:16:56Would like to do is to the gentleman or I shouldn't say that to whoever it was

1:17:02That challenged this

1:17:04Should go and visit Mary. You don't even have to admit that you've done this

1:17:08Talk to her. She listened and maybe in the end she'd even give you a pail with some warm soapy water

1:17:15And an old toothbrush and some rags and invites you to clean the bicycle

1:17:20And then you'd be part of you'd experience the magic the building of community the sense of

1:17:27Well-being that Mary and her bicycles

1:17:30Bring and I think they're actually a very beautiful site

1:17:33Thank you, mr. Chair

1:17:35Thank you. If you want to wait right there for one second

1:17:39I'll see if my colleagues would like to ask you any questions

1:17:42Many members. Do we have any questions of this delegation?

1:17:47Seeing none. Thank you very much for your heartfelt words

1:17:51Madam secretary treasurer. Do we have another delegation?

1:17:56The next delegate is Nora Menzies

1:18:19Welcome. Can you state your name for the record please? Yes, Nora Menzies

1:18:24Nora you have 10 minutes to address the committee make as much or as little time as you'd like

1:18:30I am here to strongly support Mary getting a variance so she can continue repairing bikes and having people donate

1:18:39To get repaired use bikes for the children and for adults all the money from these bikes go to charity the Stephen Lewis foundation

1:18:47I have been at grandmother to grandmother meetings, which is called the 4g's the Guelph go-go grandmother

1:18:53Where Mary has donated several thousand dollars every year for the last 14 years

1:18:59So I can totally affirm she supports in a huge way the lives of women children and AIDS patients in sub-sahara Africa

1:19:08To make sure the bikes are safe

1:19:10She took at her own expense an 88 hour professional bike mechanic course in Dundas, Ontario

1:19:19In 2022 at 68 years of age at her own expense in the winter may I add

1:19:26Mary is a absolute shining example of reduce reuse

1:19:33Recycle not only does she help by sending money to Africa

1:19:37She also helps our local Guelph community have safe quality bikes for a donation

1:19:44Happy recipients come back every year as their children need a larger bike or new neighbors move in who need a bike etc

1:19:53Refugees get free bikes. She is encouraging Guelph to be a biking city

1:20:01Bylaws are made to protect people and property from harm and decreased property values

1:20:09Mary is doing good not harm and her property always looks well cared for

1:20:16She is an amazing gardener when she is not home the bikes are always stored away out of sight

1:20:24Please commend her for her amazing positive influence in Guelph and give her the well-deserved variants. Thank you

1:20:32Thank you very much for your presentation if you want to wait right there for a moment

1:20:36committee members do we have any questions of this delegation?

1:20:41Seeing none, thank you again for your words

1:20:44Madam Secretary Treasurer do we have another delegation?

1:20:48Yes we do the next is Elliott Braganza

1:21:09So your comments are not regarding this

1:21:14Okay, well then please take your seat and we'll

1:21:20When that application comes forward we're happy to hear your comments

1:21:28Madam Secretary Treasurer

1:21:30We do have one last registered delegate that is Ben Beardsall

1:21:35Welcome can you state your name for the record please Ben Beardsall

1:21:51And you have 10 minutes like the other delegations to address the committee

1:21:58Thank you, Mr. Chairman

1:22:00I doubt very much that I'll be able to add much to the 90 or so recommendation letters that you have received so far

1:22:07Only I'm only here to voice my support for the type of community building that I'm

1:22:12Seeing at that property and I hope very much that the

1:22:16variance is passed

1:22:19Thank you. Do we have any questions of this delegate members of the committee?

1:22:25Seeing none, thank you very much for taking the time to

1:22:29Express that in public. Thank you

1:22:34Madam Secretary Treasurer do we have any other registered delegations?

1:22:39Mr. Chair, we don't have any other registered delegations, but you might want to go back to the gallery now. I shall

1:22:45Are there members of the public in the gallery who would like yes, please come forward?

1:22:49Welcome, can you state your name for the record norman parent?

1:23:14Welcome you have as

1:23:17Others have you have 10 minutes to address the committee. Thank you, uh, Mr. Chair. I'll be brief though

1:23:24um

1:23:27I'm here to be a host of a friend and I've made notes and done something I never do is write in a book

1:23:35But I would like to make refer reference you mentioned about, um

1:23:42Community

1:23:44property values and this is an endeavor that is improving not property values

1:23:50But it's improving community values

1:23:54And in the land acknowledgement

1:23:57It's made reference to the fact that we are here to take care of this community and this property and this land

1:24:05and the places where the

1:24:07bicycle

1:24:08funds raised by the repairs of the bicycle go to two other cultures that

1:24:14in

1:24:15Take great value have for community involvement

1:24:20And the phrase in both first nations and african culture is all things are connected

1:24:27And so by improving things here

1:24:31um raising money giving mobility to people on their bicycles

1:24:37Taking the revenues from that

1:24:40Repair of the bicycles one community helps another and we all benefit

1:24:46As they say this is uh golf

1:24:49It's land acknowledgement doing its own work taking care of community in the future. Thank you

1:24:56Thank you for your words just a moment and oh my colleagues may have questions for you committee members

1:25:02Do we have any questions of this delegation?

1:25:06Seeing none. Thank you once again for your presence and your comments. Thank you

1:25:10Um, do we have any other members of the gallery who would like to address this application?

1:25:19Are there any other members of the gallery who would like to address this application?

1:25:26And i'll ask a final time. Are there any members of the gallery who would like to address this delegation or this application?

1:25:34Uh seeing none. Madam secretary treasurer. Do we have any online who would like to speak to this?

1:25:41Mr. Chair, I can confirm no other delegation requests

1:25:45Okay, um

1:25:47committee members, um, what is your wish at this point?

1:25:51Do we have questions?

1:25:54Um, actually I am negligent in my duties. Um

1:25:59Does the applicant want to address any of the issues that were raised by any of the delegations?

1:26:07Okay, thank you and committee members. Um

1:26:11Seeing no questions. I wonder if we have a

1:26:17No, okay

1:26:22Member good fellow

1:26:24I was going to make a motion, but if if that is too early and we need another moment. No, um

1:26:29It doesn't appear that anyone has any questions. So I'm entertaining your motion. Please go ahead

1:26:34I move that we approve the application as recommended by city staff with the added condition

1:26:42Um as noted by city staff

1:26:45Thank you and um

1:26:48Do we have a seconder?

1:26:50member spears

1:26:52And uh committee members. Do we have any discussion on the motion before us?

1:26:58Uh seeing none, uh, madam secretary treasurer. Could you call the roll please?

1:27:07Committee members, please

1:27:09Excuse me indicate your vote by responding in favor or opposed to the motion which is to approve the application with the one recommended condition from staff

1:27:16chair Smith in favor

1:27:18Member ballavan in favor

1:27:20member good fellow in favor

1:27:22member mambrainio in favor

1:27:24member ser

1:27:26in favor

1:27:28and member spears in favor

1:27:30That's carried mr. Chair. Your application has been approved

1:27:34Your application has been approved

1:27:38No, thank you. And we appreciate your patience. Um, there were a lot of delegations. So, um, it it does take a bit of time to work through

1:27:48so, um

1:27:49as I mentioned earlier if you wish to um

1:27:53Make an application

1:27:55Regarding the fees you can do that in writing

1:28:00to know

1:28:02How to do that because when I looked online it was only if I was going to withdraw the application I would get

1:28:08money refunded

1:28:10And obviously I didn't withdraw. Um, I think what you can do is if you were to call city staff

1:28:16um in planning, um

1:28:18Or committee of adjustment they would uh, if you call the committee of adjustment number

1:28:23They can uh help you with that

1:28:26Thank you so much. You have been so very welcome

1:28:38um

1:28:40I know we have a few more, um applications to go through but I would like to take a brief

1:28:47um

1:28:49A brief recess if we can, um say 10 minutes

1:28:55As long as I have uh

1:28:57Consensus from committee. Okay. We stand recessed for 10 minutes. Uh, that would mean we'd be back here at, um

1:29:07535 thank you members

1:40:18Uh, I'll give you a 30 second warning that we're about to go back into session

1:40:56Good evening and welcome back to the committee of adjustment

1:41:00For november 14th

1:41:03um

1:41:04At this point, I'm going to ask the secretary treasurer for our next application madam secretary treasurer. Will you call the next applicant, please?

1:41:12The next application is file a dash 72 slash 24

1:41:17variances to permit location

1:41:19increased height and decreased setback for proposed canopy structure over existing fuel pump island at 546 willwit street

1:41:27I'll note for those attending remotely if you wish to speak to this application

1:41:31You can do so by calling the number displayed on the screen that numbers

1:41:34509 822 1260 extension 2524 and staff will give you instructions to delegate remotely

1:41:44Thank you

1:41:45And good evening. Do you want to state your name for the record, please?

1:41:50Eric steel montaeth brown planning consultants

1:41:53And your relationship to the application. I'm here representing the owners of the property

1:41:59Thank you. And can you tell me if the sign was posted as for the planning act? Yes, it was

1:42:04And have you read staff's comments and if so have are you in agreement?

1:42:09We have read the comments and our agreement with rep staff's recommendation

1:42:13All right, that's a good start. Can you take as much time of the 10 minutes or a lot? It I should like

1:42:20Thank you. I'll be very brief

1:42:24The

1:42:25property currently contains an existing gas station which includes a convenience store and gas pump island

1:42:31Our client is looking to construct a canopy over the existing pump island to provide

1:42:35Better protection for customers from the elements and and visibility

1:42:40Due to the location of the existing pump island

1:42:43We are required to obtain variances that would permit the structure with an exterior side yard as well as

1:42:49a reduced setback to adjacent residential property as well as proposing a

1:42:55slight increase in the height of the canopy

1:42:57For the structure

1:42:59Is note in our submission as well as staff's report the application would meet the four tests of the

1:43:04my variances under the planning act and

1:43:06Would I just like to thank staff for the work on the application and happy to get any questions from members of the committee

1:43:12Thank you very much committee members. Do we have any questions of the applicant?

1:43:18I see shaking heads. So um at this point

1:43:22I will ask if there are any members of the public in the gallery if you want to wait right here

1:43:28I'll ask if there are any members of the public who'd like to speak to this application

1:43:34And seeing none madam secretary treasurer. Do we have any online?

1:43:40I can confirm no delegation requests

1:43:43Thank you. Um

1:43:46Committee members, do we have any discussion on this application?

1:43:52Seeing none, what is your wish committee members?

1:43:56Um member ballaban

1:44:00Your mic sorry. I move that we approve the application

1:44:04um with the conditions

1:44:07As suggested by staff

1:44:10Thank you, and do we have a seconder?

1:44:12member membrano

1:44:15Is there any discussion on the application before us?

1:44:20Seeing none madam secretary treasurer. Would you do the honors of calling the vote, please?

1:44:26Committee members, please indicate your vote by responding in favor or opposed to the motion

1:44:30Which is to approve the application with the three conditions recommended from staff

1:44:36Chair Smith in favor member ballaban in favor member good fellow

1:44:42In favor member membrano in favor member sear

1:44:47In favor and members spears in favor. Let's carry mr. Chair

1:44:52Thank you, madam secretary treasurer. Your application has been approved and you're free to leave the meeting

1:45:01Madam secretary treasurer may we have the next applicant, please

1:45:10The next applications are file b-47 slash 24 a-79 slash 24 and a-80 slash 24

1:45:19Consent to create one new residential lot with one retained residential lot and related variances to permit lot area

1:45:26Lot frontage side yard setback garage with

1:45:29Garage area and location and driveway width for proposed severed and retained lots at 137 m s street

1:45:36I'll note for those attending remotely if you wish to speak to this application

1:45:39You can call the number displayed on the screen that numbers 519822

1:45:431-260 extension 2524 and staff will give you instructions on how you can delegate remotely

1:45:51And one last point I will add is that staff are recommending an additional condition for files a dash the minor variance files a dash 79 and a dash

1:46:0080 slash 24

1:46:02And that condition is an administrative condition that reads that the consent application file b-47 slash 24 receive final certification of the secretary treasurer and be registered on title

1:46:13So that's an additional condition that staff's recommending for the two related minor variance files. So just noting that for the committee's benefit

1:46:22Thank you

1:46:23And welcome. Can you see your name for the record, please jeff buesman

1:46:27And your relationship to the application mr. Buesman

1:46:31Agent for the for the owner and can you tell me if the sign was posted as for the planning? Yes, it was

1:46:37Thank you. As you know, you have 10 minutes to address the committee. Thank you

1:46:43If you don't mind putting up this sketch, please. Thank you. So this property is on m street

1:46:49The proposal is to split the property in half

1:46:52Will have 13.5 meter wide lots with an area of 410 square meters each

1:46:58There's a long list of variances

1:47:01The city staff have clarified that really variances c through g are not required as they really just apply for semis and that's

1:47:09Our misunderstanding on that

1:47:11Variance a is for the area of the property. We're asking for 410 square meters instead of 460

1:47:18Variance b is for 13 and a half meters instead of 15

1:47:22The approved zoning bylaw actually allows for it to be

1:47:27Nine meters, but that section's under appeal so that we still have to ask for that variance

1:47:33Um, this property it'll be it'll be a great severance

1:47:37opportunity the house is quite run down. So it's a good opportunity

1:47:41To have this infill there's one small detail

1:47:46There's a bus shelter on the or stand or pad. I should say not a shelter but a pad

1:47:52In front of this property and there's a condition in there to address that to have it moved

1:47:57The I'd like to address one condition though

1:48:01condition number six and 12

1:48:04Relate to a requirement for a detailed noise study

1:48:08Um

1:48:09city staff have pointed it out that in accordance with the dem

1:48:13The engineering manual that noise study is required when you're near a railway airport

1:48:20Our cheerleader road and collector road. I had to be identified that Emma street is a collector road

1:48:25I find it a very small road and the idea that we need a traffic study for Emma street is

1:48:31I think a little overbearing

1:48:33Um, and I'm asking that either we just take out those conditions completely because the idea that we have to

1:48:41We're gonna have two new houses here, which are going to be built in a lot better

1:48:46insulation and

1:48:47Standards and every house on the street to say that we need to have a detailed noise study is kind of far-reaching

1:48:54I do have I got a study noise study that was done for another project on college avenue just in the last month

1:49:02Out of that study for on college avenue, which is a much busier road the three conditions were or three requirements out of that study were that

1:49:11That air conditioning provided

1:49:14to and comply with standard NPC dash 2016

1:49:19That the exterior wall and double glazed windows construction meet the minimum requirement of the OBC

1:49:25Ontario building code to provide sufficient mitigation for noise and three

1:49:31That proper warning clauses be included in

1:49:35Any offer of purchase agreement and any tendency agreements

1:49:39So i'm suggesting to the committee either we just get rid of these two conditions because I think they're

1:49:45They're not appropriate

1:49:46Or we simply come right down to where a study would lead us and that is to say that we

1:49:53That is part of the site plan agreement condition that the owner agreed to implementing

1:49:58The the condition the requirements i'm going to call it requirements of appropriate air conditioning

1:50:05proper

1:50:06wall construction double glazed window

1:50:09and

1:50:10They meet the city of gulf noise control guidelines for warning clauses

1:50:16So those are the three things requirements

1:50:19The the first two are things that are going to be done anyways

1:50:23In terms of air conditioning and better quality construction than the houses on the street

1:50:27The third is a unique thing no problem adding warning clauses

1:50:32Be happy to otherwise

1:50:34I think the i'd be happy to answer any questions on the merits of this application

1:50:38Or we can have further discussion on this this

1:50:42This condition about a detailed noise study. Thanks, mr. Chair

1:50:46Thank you, mr. Buseman. If you want to wait right there, I'll see if any committee members have any questions for you

1:50:55committee

1:50:56Do we have any questions of this applicant?

1:51:02member good fellow

1:51:04Yes, and I think my question is for city staff. So through the chair to city staff

1:51:10Probably expecting this question, but can you explain the reasoning behind?

1:51:16That noise study

1:51:18What is it intended to identify or protect? Is it protecting the homeowner or is it protecting?

1:51:25Neighbors I also picked up on those two conditions and was curious. I already had a question identified for that. So

1:51:32Yes, if city staff could help help me understand that please

1:51:39Yes through the chair to member good fellow

1:51:42I just want to give a brief

1:51:44Lying of how noise studies work. There are two

1:51:47Documents that we refer to here. There's a provincial document the ministry of environment conservation and parks as npc 300

1:51:55and that's sort of a technical manual with

1:51:58Very specific sound level limits. It's criteria. It's very scientific. It's

1:52:04evaluated by engineers and there are requirements for

1:52:08various scenarios like outdoor living areas indoor areas sleeping quarters

1:52:14It's broken out by time frames like

1:52:17Daytime and nighttime might have different criterias, especially with respect to sleeping quarters. So it's a very

1:52:23um technical

1:52:25type of document and it also

1:52:28provides with

1:52:30Noise mitigation

1:52:32Methods which could be ventilation requirements as the agent has referred to

1:52:37warning clauses

1:52:38If exceedances of the specified sound level limits

1:52:43Are greater it could be building construction components that a noise study could draw out and decide that because exceedances are

1:52:52Of such a level

1:52:54They may need to do upgraded window glazings or brick veneers

1:52:58Um, so that's the the provincial document side if you're going to do a noise study

1:53:02It has to follow the provincial npc 300 documents

1:53:06From the municipal side of things most municipalities have a

1:53:11Guidance document so ours is called the wealth noise control guidelines and that document is more of

1:53:17Um, just a prescription for what kind of noise study we ask for and what kind of application would trigger that

1:53:25So the reason the

1:53:27conditions are recommended is and i'll just read directly from the wealth noise control guidelines

1:53:33here

1:53:35A noise study will be required for any development of a noise sensitive land use

1:53:40Um

1:53:42That are within proximity to rail corridors

1:53:45Provincial highways or the gulf air park airport or adjacent to collector or arterial roads

1:53:52In addition, there's lots of other scenarios, but that's the scenario that applies here

1:53:56So the reason why a noise study condition is recommended in this case

1:54:00Is not because of proximity to any railway not because of any proximity to the gulf air park airport

1:54:06Or a highway it's simply because

1:54:09It's adjacent to the collector road an emma road

1:54:11Sorry emma street is classified as a collector road

1:54:19Does that answer your question?

1:54:21I think so. Yes, and maybe it just a follow-up. So through the chair

1:54:26City staff just just to make sure I understand

1:54:29Um, so it is really to protect the homeowner. It's not to protect the neighbors

1:54:35um

1:54:36So these would be conditions that would be placed on the construction of the of the home

1:54:40Um, are these residences as they are being contemplated and designed? I think I'm understanding that now

1:54:49And through the chair to member good fellow. Yes, and and I do apologize because your question was already

1:54:53Framed and I and I didn't address it, but yes the um, uh noise studies are in this particular case

1:55:01Would be to protect the homeowner it could be through

1:55:05Uh construction components on the building itself or potentially warning clauses that could get registered on title that could warn

1:55:13future purchase of the property or renters of the properties about

1:55:17um potential exceedances of of

1:55:21noise criteria

1:55:23Okay, thank you. I appreciate that

1:55:28Uh any other questions?

1:55:31members of the committee

1:55:36I have one for staff and that is a follow on to

1:55:40member good fellows

1:55:43As mentioned by the applicant

1:55:49There are

1:55:52OBC conditions that will likely meet or surpass

1:55:55the noise

1:55:57study requirement

1:56:00I'm curious if his uh, if his uh

1:56:06presentation has

1:56:10Has elicited any sort of a changing

1:56:14Staff's view on the requirement of the noise study to the chair

1:56:20um

1:56:22I think that

1:56:24The question would really should be if if we're going to apply conditions

1:56:29It would be better not to predict what the results of a study that hasn't occurred

1:56:33um would

1:56:35Evaluate it could be considered as the agent mentioned the comparator

1:56:41site where

1:56:43Such conditions were hashed out by way of a noise study and evaluating

1:56:48The sound level exceedances

1:56:50Against that provincial document that I referred to the provincial document prescribed very particular

1:56:57Things to occur warning clauses that are there are a number of warning clauses based on certain situations

1:57:03And other things

1:57:05It would be

1:57:07impossible to predict what the exact prescriptions would be for any particular scenario

1:57:14But I do agree that in that case that was an arterial road whereas in this case

1:57:19It's a collector road if the committee wants to

1:57:22Assume anything based on those differences

1:57:26Okay, thanks very much and I I do appreciate your

1:57:30Your answer there that that helps a lot uh committee members. Do we have any more questions?

1:57:37Yes members through you mr. Chair to in fact to the applicant. Um

1:57:41How much does a noise study cost? $5,000. Thank you

1:57:49Any more questions seeing none?

1:57:52Um, I'm going to ask if there are any members of the public in the gallery who would like to speak to this application

1:57:59I see none madam secretary treasurer. Are there any online?

1:58:06I can confirm no delegation requests have been received

1:58:10Thank you. Um

1:58:12Committee members, what is your wish? Do we have a motion to consider?

1:58:20member Spears

1:58:21I would move that uh, we accept this this application with uh, all of the conditions suggested by city staff

1:58:30Accept condition number six, which is the requirement for a noise study that well, that's my that's my proposal

1:58:38Without it without the noise study

1:58:40Okay, do we have a seconder?

1:58:49member sears

1:58:51Is there any discussion on the motion before us?

1:59:01I'd like to ask the mover

1:59:04If he would consider any additional

1:59:07um

1:59:10Conditions based on mr. Buseman's presentation such as registering on title the

1:59:18The noise concern

1:59:25I I think it's unnecessary personally

1:59:29Okay

1:59:30Asked an answer. Um, is there any other discussion on this motion?

1:59:41Oh, sorry the uh little bar was covering your hand

1:59:47member good fellow

1:59:50Yes, I uh appreciate the question that the chair has just asked

1:59:54um

1:59:55I think my perspective on this is that today amma is a relatively quiet street

2:00:02uh, although in the future we don't know what development in the city will bring and

2:00:09um, perhaps putting something on title, uh, at least identifying that

2:00:15This is considered to be a collector road and um that homeowner should be aware of that in terms of noise

2:00:23I I think that's a reasonable step

2:00:26And I would like to um suggest that we uh reconsider its inclusion in this motion

2:00:34Okay, I'll ask the uh mover if he's willing to accept that as a friendly

2:00:40Um addition, I I think that yes through you mr. Chair to uh member good fellow. Yeah, I think that's a good idea and we should

2:00:48I say we um if you have a

2:00:51Clause you'd like to put in there to take the place of the one we're going to remove. I think that would be a great idea

2:00:58At this point, I'll turn to the applicant and see if there is verbiage that he would like to suggest

2:01:05um warning clauses as included uh the warning clause

2:01:10Warning clause be included

2:01:13Uh in the property and tenancy agreements and offers of purchases sale

2:01:18Um that follow the city of gual noise control guidelines and that this be registered on title

2:01:24And maybe the secretary treasurer can help me on that

2:01:28wording

2:01:31Is that agreeable member spears?

2:01:34Yes, that sounds great. Okay. Um

2:01:42Yes, I'm sorry mr. Robinson

2:01:45Thank you chair if I may clarify um in the guelph noise control

2:01:50guidelines

2:01:51there are various um warning clauses and they are

2:01:57wordings specific

2:01:59to various scenarios

2:02:01so a general

2:02:03condition if it were to be included

2:02:05saying that follow the um warning clauses as per the guelph noise control guidelines

2:02:11doesn't really tell

2:02:13what condition

2:02:14should be registered on title and they all say something different

2:02:18um

2:02:20I just want to let you know that it's not very specific unless a specific warning clause is chosen

2:02:31Okay, um

2:02:38member sear

2:02:40I'm just wondering if that proposed clause could be amended by

2:02:45just adding that the um

2:02:48The specific warning clause will be agreed with uh city staff. I'll ask city staff if

2:02:59for their opinion

2:03:03Yeah, I mean should uh the committee see excuse me through the chair

2:03:07should the committee see to include a general condition that uh to staff satisfaction a

2:03:15appropriate warning clause

2:03:19Be agreed upon

2:03:21Prior to was there a timing associated with that a prior to a certificate or prior to building permit?

2:03:27um

2:03:28I I suppose we could

2:03:32Do our best to evaluate what would be the most appropriate clause again. I want to emphasize that warning clauses are typically

2:03:39assigned by the provincial document by very specific

2:03:44Possible levels that are not going to be evaluated

2:03:47So it's difficult to come to a decision about the appropriate warning clause

2:03:52Nevertheless, if there's a condition in there, we will we will see it through

2:03:56Yeah, and it looks like it's prior to issuance of a building permit would be appropriate

2:04:12Do we have that word smith so that um, we could uh

2:04:18We know what we're voting on

2:04:20Um, mr. Chair, we could put some wording up on the screen

2:04:24I know the applicant did provide us with some sample wording before the hearing

2:04:28I think we've done a little bit of tinkering with that to change that a bit

2:04:32So the original wording that was suggested was

2:04:35Warning clauses as included in the city of guelph noise control guidelines should be included in the property

2:04:41And tenancy agreements and offers of purchases or sale to inform future owners

2:04:47Slash occupants of the potential noise excesses as indicated in section five and as provided in appendix c

2:04:54I believe from what the applicant was originally saying they excluded the wording about

2:05:00The city of guelph noise guidelines the mention of that and just included warning guidelines be included in the property and tenancy

2:05:07agreements and offers of purchase or sale

2:05:10To inform future owners occupants of the potential

2:05:13Noise excesses and from what I understand from some of the other committee members

2:05:17That would be a prior to building permit condition. So

2:05:21If that captures it mr. Chair or it sounds like what I was trying to busily scribble myself. So

2:05:29That's great. Um

2:05:31I'll go before we call and vote

2:05:36Member spears. Are you satisfied that that captures your motion? Yes, fully

2:05:40Thank you

2:05:42Um, if there's no more discussion, I'm going to turn to secretary treasurer. Madam secretary treasurer. Would you call the vote please?

2:05:51Committee members, please indicate your vote on the motion

2:05:55By responding in favor or opposed to the motion which is to approve the applications

2:06:00With the amended the remover the removal of condition six with the insertion of that

2:06:06Wording that we just discussed chair smith in favor

2:06:11member ballaban in favor member good fellow in favor member mambrenio in favor member sear

2:06:19favor

2:06:20And member spears in favor that's carried mr. Chair

2:06:24Your application has been approved

2:06:26Thank you

2:06:32Madam secretary treasurer may we have the next applicant please?

2:06:40the next application is

2:06:42Files b-48 slash 24 a-81 slash 24 and a-82 slash 24

2:06:49Consent to create one new residential lot with one retained residential lot and related variances to permit garage width garage area

2:06:56And location driveway width and required parking space for proposed severed and retained lots at 33 to 35 james street west

2:07:04I'll note for those attending the hearing remotely if you wish to speak to this application

2:07:09You can still

2:07:10You can call in that number is 519 822

2:07:141260 extension 2524 and when you call in staff will give you instructions on how you can delegate remotely

2:07:21I'll also note that similar to the last file staff are recommending an additional condition for the minor variance files. So that's

2:07:30Files a-81 slash 24 and a-82 slash 24

2:07:35For an administrative condition

2:07:37with wording

2:07:40Consent application b-48 slash 24 receive final certification of the secretary treasurer and be registered on title

2:07:46So there's just that one additional condition that's being recommended

2:07:51Thank you for

2:07:53updating that madam secretary treasurer and

2:07:57Good afternoon again. Mr. Buseman. Would you state your name for the record please?

2:08:02Jeff Buseman agent for the owner and was the sign posted as per the planning act

2:08:07Yes, it was and have you read staff's comments and heard the updated comment?

2:08:13Yes, I have and are you in agreement? Yes, I am

2:08:16Um, please take as much or as little of the 10 minutes allotted to you as you'd like

2:08:21If we can uh present. Thank you. Uh as this is on james street right now. There's a fairly rundown, uh house

2:08:29Semi-detached type house that's way in the back of the property

2:08:33And uh, that's going to be demolished and in its place

2:08:37We're going to have a new semi-detached dwellings that fundamentally fit all the zoning requirements

2:08:44We've identified the five minor variances a b c d and e

2:08:47There are all the technical variances that I think this committee is very well aware of in that

2:08:53These particular sections are currently under appeal and we're asking of them for them specifically

2:08:58I'm going to say except for maybe

2:09:01variance a our first interpretation was that

2:09:05The front yard setback would be the average of the two abutting parcels and we looked at

2:09:12uh house number 39 on the left there that has 3.1 meters roughly

2:09:17And the house on the right numbers, uh, the house on the right number 31 has 3.0 meters

2:09:23We assume that was the average

2:09:25of the two abutting parcels

2:09:28But city staff corrected me to say once we sever the parcel

2:09:32We got one we got a vacant parcel. So we have the house

2:09:37At two vacants so we don't have it immediately beside it

2:09:39So we had to add at last minute the variance a to have three and a half meters

2:09:45Front yard setback for the main part of the house the the in front of the garage will be six meters

2:09:52So that variance is not the a is not part of this standard typical

2:09:59Um administrative ones that we've dealt with in the past

2:10:02I think the severance this severance overall is a good one

2:10:05It'll be a good improvement for this for the street for this lot

2:10:09And uh, it's designed to fit well with the neighborhood

2:10:12Um, I staff are supportive and I've agreed all the variances are minor in nature

2:10:17And I look to your support as well as available to answer any questions

2:10:22Thank you

2:10:24Thank you. Uh committee members. Do we have any questions of this applicant?

2:10:28I'm seeing none

2:10:34um

2:10:36Are there any members of the public who would like to speak to this application?

2:10:42I see none in the gallery madam secretary treasurer. Are there any online?

2:10:47I can confirm we haven't received any delegation requests

2:10:51Thank you. Um committee members. What is your wish?

2:10:55member bellaman

2:11:01I move that we approve the applications

2:11:05um

2:11:07minor variances and the severance

2:11:11As posed with the conditions

2:11:14recommended by staff

2:11:17Thank you. Do we have a seconder member good fellow?

2:11:24Is there any discussion on this application on this motion?

2:11:31Seeing none madam secretary treasurer. Would you call the roll please?

2:11:36Committee members, please indicate your vote by responding in favor or opposed to the motion

2:11:40Which is to approve the application with the recommended conditions chair smith

2:11:46in favor

2:11:47member ballaban in favor member good fellow in favor

2:11:51member membranio in favor members sear

2:11:56in favor

2:11:57And member spears in favor. That's carried mr. Chair

2:12:01Thank you. Your application has been approved

2:12:04Thank you

2:12:07Madam secretary treasurer may we have the next application please

2:12:17The next applications are files b

2:12:20dash 49 slash 24 a dash 84 slash 24 and a dash 85 slash 24

2:12:27Consent to create one new residential lot with one retained residential lot and related variances to permit garage width

2:12:33garage area and location driveway width and required parking space for proposed severed and retained lots

2:12:39at 112 ms street

2:12:42I'll also note that there was correspondence received after the comment deadline from elliott brungan

2:12:48Brugansan Brugansa with concerns about the application as well as the applicants included

2:12:54correspondence from gei consultants

2:12:58Regarding site servicing and storm water management and that correspondence has been circulated to the committee members

2:13:05as well as staff

2:13:07And lastly, I will also note that staff is recommending an additional condition related to the minor variances for these two

2:13:15Two minor variance files that consent application b dash 49 slash 24 received final certification of the secretary treasurer and be registered

2:13:24Untitled and finally if anyone wants to speak to this application, they can do so by calling the number displayed on the screen

2:13:32Thank you and welcome back. Could you say your name for the record please jeff beesman agent for the

2:13:38applicant

2:13:39And can you tell me if the science posted as for the planning act? Yes, it was

2:13:45And have you read staff's comments and are you in agreement? Yes, I have and I'm in agreement except for again the noise condition

2:13:54Well, as you know, you have 10 minutes mr. Reisman. Thank you

2:13:58So this is also an emma street about a block away from the other one we the previous one we discussed

2:14:04the plan is to

2:14:06Construct a semi-detached

2:14:08Dwelling in accordance with zoning

2:14:11There is a requirement for a road winding of

2:14:142.1 meters along the front

2:14:16So that will be taken

2:14:19The the proposal is these the semi-detached units all the zoning requirements

2:14:25Requirements are met except for these five

2:14:28Technical ones because these elements are still under appeal and we have to go through

2:14:33And include these for proper development. So there's really

2:14:38And therefore I'd say they're all in in accordance with the zoning by-law and the intent of the zoning by-law

2:14:45Our applicant wanted to just make ask me to highlight a few things

2:14:48So you saw the there was some correspondence from the engineering consultant to say that

2:14:54Servicing and storm monitoring management is expected to be handled without any issues

2:14:59The proposal is for a rental. This is a proposal for rental dwelling

2:15:04and

2:15:08The proposal is for for to include a tree protection plan and and there an act on that

2:15:18The intention is to have the homes be built to net zero ready requirements in terms of

2:15:24Air sealing heat electric heat pumps and so on

2:15:28And all the plumbing fixtures will meet the city golf initiatives for waters what they call water sense features

2:15:40There is attention being paid to make sure that the architecture fits into the neighborhood

2:15:47There'll be landscaped areas and there'll be an attention to try to protect as much vegetation and provide for privacy as much as possible

2:15:55to the

2:15:56To this development. There's also as is it being a rental place

2:16:01Contracts or will be set up for proper maintenance for this for this property as it moves forward

2:16:08Again, this is a a good intensification application

2:16:12and

2:16:14And is in in sense in the guidelines of what the city is asking for for intensification projects

2:16:20I'd be happy to answer any questions

2:16:22Uh, or any comments that the committee or public may have thanks

2:16:28Thank you committee members. Do we have any questions of the applicant?

2:16:34Sorry, I wasn't clear I did I went too quickly on the noise similar to the other one on on emma

2:16:40I'd ask that the noise condition be altered in and i'm recommending the same format we did with the previous application

2:16:48Okay, just to be clear. Thank you. Thank you. I was just going to ask you

2:16:53If my colleagues didn't if that was the condition you'd like to

2:16:57See added committee members. Do we have any questions of this applicant?

2:17:05Seeing none. Are there members of the public who would like to speak to this?

2:17:11Seeing none. Oh

2:17:13Yes, please come forward. Good evening. Could you state your name for the record, please?

2:17:26Just a second we'll get your microphone on here for you. There we go

2:17:33Great, can you state your name again for the record, please? Elliott Brighamza. Thank you, Elliott and

2:17:39You have 10 minutes to address the committee. Yeah make as much use of that time as you'd like. Thank you

2:17:45so I am a homeowner directly adjacent to the property

2:17:51And I had actually submitted a comment

2:17:54It was an advance of the deadline of 12 noon. I I did note

2:18:00Madam secretary treasurer said it was after but she did indicate to me by email that it was in time and

2:18:06Had been circulated. It was not included as part of the comments

2:18:10But there is a a short letter that I submitted

2:18:17I would like to I've identified a few

2:18:20issues with regard to the

2:18:24Compliance with the 11 criteria for intensification

2:18:30I'll focus my submissions on on two aspects

2:18:36The first one pertains to the neighborhood character

2:18:40and built form and

2:18:42in staff's report

2:18:44It indicates

2:18:46in one paragraph that it quote

2:18:49It is compatible with design and character and ads that does not necessarily mean that it's having

2:18:55Be identical

2:18:57and and actually if

2:18:59If it's possible to put mr. Buseman sketch back on the on the

2:19:05On the on the projector I can just if I can illustrate a point

2:19:14And and I I would if it's possible to actually zoom in

2:19:18Uh

2:19:19So that the property itself can be viewed a bit more

2:19:23I'd appreciate that. Thank you

2:19:26What I'll say about this point is that uh the

2:19:31The proposed property is

2:19:34significantly bigger

2:19:36then

2:19:37Both the existing property that that is that it's that is being demolished or being proposed to be demolished

2:19:43And the neighboring properties that you can see identified

2:19:47On the sketch

2:19:49I I would just contrast

2:19:52We we heard previously on 137 Emma street a similar development by by the same agent and

2:20:00If if one was to compare these diagrams side by side you would see that this

2:20:06proportionately the size is

2:20:08On that development perhaps a bit more similar to to the neighboring uh lots what's proposed here

2:20:17Is much much larger you could essentially fit two of that of two of the existing homes into this new proposed development

2:20:26um

2:20:27and

2:20:28uh, I would suggest that um

2:20:33This this property is not

2:20:35necessarily in uh

2:20:38Compatible with the existing design character, uh of the surrounding

2:20:44area

2:20:47Staff mentions similar in point number two

2:20:51Similar lots and similar developments

2:20:54On on the street with a similar lot size

2:20:58One one way look at 92 Emma street, which is about four or five doors down

2:21:03Uh, yes, that was severed, but if you look at the size of those buildings, I was just walking by them

2:21:10Uh a few days ago, uh, you'll see that the

2:21:14Rear the the the the size of the building is is in line with uh

2:21:20With with with neighboring properties, uh, and that this one

2:21:23You can see goes. I'm I'm in I'm in where it says 221

2:21:28I'm in that property 116 Emma street that goes from about midway through my home

2:21:33All the way back and uh to to my neighbor, uh, Tyler who who's who's in the gallery today all the way back to his home

2:21:40um

2:21:42This is significantly bigger and and I would submit is is not

2:21:46In in in keeping with the uh with that characteristic identified

2:21:52I'll also speak to um

2:21:55The impact on privacy and light access

2:21:58um

2:22:00That uh, this is a two-story proposed development

2:22:04um

2:22:05and

2:22:07As you can as I just identified the

2:22:10uh

2:22:12The prop the proposed property is going to go halfway from

2:22:16My property all the way back essentially my whole backyard now

2:22:20Is going to be shadowed by a two-story development where right now is green space open space

2:22:27from the neighbor, um

2:22:30And uh, I would simply say that that this uh

2:22:33This will have significant effect on on the use of of my property the light and uh

2:22:42And that factor

2:22:53Identified some other points, uh, which I can just speak very briefly just with regards to

2:22:58um

2:23:00The decreased green space that will that would would result from from what's being proposed here

2:23:06The existing front yard is is grass the the back is is is

2:23:10un

2:23:13Untouched grass and and this is going to significantly reduce the

2:23:18Uh

2:23:19the ability to to manage drainage and and and uh, uh, certainly I I see the the plan to have

2:23:26drainage be a

2:23:28condition when it's when the final plan is submitted, but this will this would definitely be a concern

2:23:36That I'd point to yes, and and and just I I would point that to to uh number nine in the 11 criteria as

2:23:58support for my

2:24:00Comments on privacy and light

2:24:09Subject to any other questions the the chair would direct to me. I those would be my submissions. Thank you

2:24:17Thank you for waiting right there. Um committee members may have questions for you committee members. Do we have any questions?

2:24:23this delegate, um

2:24:25I have one

2:24:28I just

2:24:29Was curious you are as we were looking at the plan. Were you um on the right or the left

2:24:35Of the proposal, uh, if if one is standing on the street, I would be on the right hand side

2:24:41okay, and and is

2:24:44I I wonder I hate to ask

2:24:47Staff, but could you put that back up for me for a moment?

2:24:53So, uh yours is identified as 116 correct. Okay, and there's another dwelling behind you. Is that right? That's right

2:25:01okay, and um in this particular case

2:25:06um

2:25:08I see what you're you're getting on. Okay. I just want I just wanted to be clear you made some points and

2:25:13And I just wanted to be clear on that. So um, thank you very much committee members

2:25:18Do we have any other questions of this this delegation?

2:25:23Uh seeing none, I want to thank you very much for bringing this to our attention. Thank you

2:25:31Do we have any other um delegations? Yes, please come forward. My name is Tyler Stevenson

2:25:48You you beat me to the punch to ask for your

2:25:52Identification you have 10 minutes to address the committee. Okay. Thank you. Um, I'm just wondering if you could put that actual, uh,

2:25:59sketch of the

2:26:01Layout back up. Just give us a second, please

2:26:12There we go. Okay

2:26:14All right, so as you can see, um

2:26:18The one that says 51 there. I don't know why it says that but that's my property there. Um, there's a couple things here obviously

2:26:24Um, it this this house that's proposed to be built does not fit into the neighborhood at all

2:26:30um

2:26:31Elliott's house the gentleman before me. He's the only two story house on the on the block

2:26:35Most of the other houses are a thousand square feet or less

2:26:38um

2:26:40This thing looks like it's uh

2:26:43167 square meters which works out to about 1800 square feet per floor

2:26:49And if this is a rooming house, this is our rental house, that means there's a potential of three stories of

2:26:55Uh, or three dwellings per and I'd like a little clarification if that's going to be that

2:26:59Um, also, I'm just wondering why my garage was left out of the drawing

2:27:04Um, there's a garage at the very top of my property 25 by 25 that would completely block the backyard of this house

2:27:11That's being built. So

2:27:13They build this house essentially and they get a nice little courtyard back there

2:27:16They don't have to look at anybody else and it's a about a 300 foot backyard

2:27:20Which is directly behind that property and I get to stare at this massive wall

2:27:24Of windows, which will probably primarily mostly windows on that side of the house because it's a it's a duplex

2:27:29Um, it'll be a front porch. Maybe a garage at the front

2:27:33And you'll have your back window where it's all the light going to come from and I know there's a you know

2:27:37You have to have so many windows in the house

2:27:39um

2:27:40My my issue is that the privacy will be completely gone

2:27:43The sunlight will be completely gone if I'm going to enjoy my backyard and be sitting out in front of

2:27:48A wall of windows with how many families

2:27:51If it is a rental how many families will be

2:27:54There how many people are we talking it's going to be a loss of enjoyment for me?

2:27:58Um as well as for my neighbor. I don't think it fits in the neighborhood at all

2:28:03um, I think it's it's uh

2:28:05You're taking a beautiful green space and completely covering it with a building

2:28:09Um, I don't agree with it at all. Um, and that's basically it

2:28:14Thank you very much. If you want to wait right there, uh committee members may have a question for you

2:28:19Uh committee members. Do we have any questions of this delegation?

2:28:24Uh seeing none I want to thank you for taking the time. Can I just add one thing? Yes, please go ahead

2:28:30You didn't use your 10 minutes. So go ahead. What is the reason for the my my garage not being in the picture

2:28:36It's it's a it's a big it's a big building. It's and it's 25 by 25 and it's the very top corner

2:28:41Was there a reason that was left out? Um, well, we're really not here to answer questions like that, but I will um

2:28:48Hazard a guess and that this is a survey and it's just the way it has been cropped

2:28:54Okay, because I just noticed on the last couple ones that showed sheds in the mall on the lawns

2:28:58It showed sheds everywhere, but my major garage is not there. I'm just wondering if there's something about that. Okay. Thank you

2:29:04Thank you very much

2:29:07Um

2:29:08matter are there any other

2:29:11Members of the audience who would like to speak to this application

2:29:17Seeing none. Madam secretary treasurer. Do we have any online who'd like to speak to this?

2:29:23We don't have any delegation requests. Mr. Chair. Thank you very much. Um,

2:29:28I wonder if mr. Buseman would like to return to the podium and answer any of the

2:29:33Issues that were raised by the two delegations. Thank you, mr. Chair

2:29:44Um

2:29:47It just wanted to make clarify the house on the right is is a two-story dwelling

2:29:52We took a look at some of the properties across the road and down the road a little bit

2:29:56There is a small walk-up type of apartment building. There's another semi down the road

2:30:02Um, so there's a variety of housing types in this area

2:30:06um

2:30:07The house envelope is shown here

2:30:10um

2:30:12Don't want to necessarily point suggest a different

2:30:16So one way other way of looking at this is that

2:30:19Someone could purchase this property knock down the house and put up a building that'd be even bigger than the footprint that's shown

2:30:25Not suggesting want to suggest that but there is that

2:30:29Possibility so this is also just want to make a clear point that this is in conformance with zoning in terms of

2:30:37Lot width lot area has in the zoning bylaw

2:30:40I need to look at one

2:30:46The the parcels are 400 square meters each and the minimum is 230 square meters

2:30:52So the parcels aren't quite large. It is a large parcel and has the opportunity to have these units

2:30:58The intention is that they be rentals and and the expectation is that there be

2:31:04The primary unit and they can each have two apartments in in each of them

2:31:11And it was in it. There was no blatant attention to not include a garage

2:31:16Typically, we just show the houses on the abutting properties

2:31:19And I apologize if that there was no intention to have any misleading to suggest that we didn't show the garage on 51

2:31:26That's not our style

2:31:34We staff have considered this to be compatible with the neighborhood when and when in agreement with those comments

2:31:42Do you want to say anything else chris?

2:31:45Are we good? No, only if you feel like we need to

2:31:52Okay, thank you

2:31:55Thank you

2:31:57one of the issues that was raised by the one of the the first delegate was about

2:32:05Maintenance and landscaping and I know in the

2:32:10I think it was one of the other ones that you brought forward to us that

2:32:14Landscaping was something that you were going to consider. Is that part of what?

2:32:19This proponent is proposing to do. Yes. He's proposed proposing

2:32:24Landscaping and so on and privacy and he has

2:32:28He will have a maintenance company coming by regularly to do the you know long cutting care snow shoveling that kind of stuff

2:32:37Okay, thank you very much for that

2:32:39Committee members. Do we have any other questions of this applicant?

2:32:43Um

2:32:45More staff

2:32:48Um, I have a question for oh, sorry

2:32:52Um, never good fellow

2:32:54Yes, thank you. Uh through the chair. I think to city staff although it could be to the applicant

2:33:01It's about parking. My question is about parking

2:33:04so if each one of these

2:33:06semi-detached units has the

2:33:09Um ability to have three units. Is there sufficient parking or is there a risk that there might be over some overflow parking out onto the street?

2:33:20Through the chair to member good fellow as per this plan. Yes, this um property can accommodate

2:33:28for each side of it

2:33:30Can accommodate a minimum of um three parking spaces

2:33:35Um

2:33:38This is not the drawing like it's a concept

2:33:42It's not necessarily what may come and be submitted at building permit, but when

2:33:48The building permit is applied for based on the amount of units staff would confirm that the parking is

2:33:56met as well

2:33:59Okay, thank you. I appreciate that clarification

2:34:02Mr. Yes, mr.

2:34:04Puse. So the parking right now like if there were a total of three units on each side

2:34:09The setup right now is for you could have four parking spots in front of the dwelling as well as one in the garage

2:34:16So that's five parking spots on each side

2:34:20Thank you for that clarification

2:34:23um

2:34:24Any more questions or comments? Um, uh, if not, I do have one for staff and that is um

2:34:33of the um

2:34:35five

2:34:37variances that are being requested

2:34:39um, if I can ask a hypothetical if the

2:34:452023 zoning bylaw was not under appeal

2:34:49But was in complete force of these five

2:34:53Requests, um, how many would we be looking at today?

2:35:01If the

2:35:04Worst in effect

2:35:06Sorry mr. Rimpel I I'm having trouble hearing you

2:35:12Oh my apologies. Uh, is this any better?

2:35:16Much better. Thank you

2:35:19So through you mr. Chair if the 2023 bylaw were in full force in effect, uh, there would be no

2:35:26variances required for this proposal just the consent application

2:35:32So we would just be looking at the severance and not at any of the other

2:35:36minor variance requests

2:35:39If the if the existing zoning bylaw or pardon me the 2023 zoning bylaw as approved by council

2:35:46Was in force and not under appeal. We wouldn't be here other than to hear an application for severance

2:35:54That is correct. Yes

2:35:56Okay, just I just wanted to make that clear. Thank you very much for the clarification

2:36:02Committee members any other questions comments?

2:36:06At this point, um, I'm going to turn to my colleagues for

2:36:11Um

2:36:13Some advice what is your wish committee members? Remember good fellow

2:36:26I move that we approve the application with the conditions recommended by city staff and the additional

2:36:34Um, modifications to the noise study requirement

2:36:38consistent with

2:36:40137 Emma so that was to remove the requirement for the noise study

2:36:44but adding the condition for

2:36:49Some language to be included on lease agreements tenant agreements and etc

2:36:59um, okay

2:37:01Do we have a seconder?

2:37:05Member spears is there any discussion on the motion before us?

2:37:15Seeing none. Madam. Oh, sorry members sayers

2:37:19Yeah, I'm just um

2:37:21I'm

2:37:22Going to vote against this motion. Um, I just don't feel it's uh as the um delegates

2:37:30Uh argued I don't feel it's in in keeping with the remainder of the neighborhood

2:37:41so you're um

2:37:43You're going to vote against it because you believe it fills one of the four tests as not being um

2:37:51In keeping with the condition of the neighborhood is that right? That's right. Okay. Thank you

2:38:00Any other um discussion on this issue

2:38:07Seeing none. Madam secretary treasurer. Would you call the roll please?

2:38:13Committee members, please indicate your vote by responding in favor or opposed to the motion

2:38:17Which is to approve the application

2:38:19With the removal of the noise study condition and the addition of the warning clause condition as we've discussed previously

2:38:28chair smith

2:38:29in favor

2:38:30member balaban in favor

2:38:33member good fellow in favor

2:38:35member membranio

2:38:37in favor

2:38:38member seyer

2:38:40posed

2:38:41And number spears in favor that's carried mr. Chair

2:38:45Your application has been approved. Thank you. I believe we have one more application. Madam secretary treasurer. Would you call that please?

2:39:04The last application is file a dash 86 slash 24

2:39:08variances for increased density decreased setbacks decreased buffer strip width and zero parking spaces for proposed addition for supporting

2:39:16supportive housing use at 107 to 109 water lou avenue

2:39:21I'll also note that there was correspondence received after the comment deadline from tom van horn

2:39:26And that correspondence has been circulated to the committee members as well as staff

2:39:31And for those attending remotely if you wish to speak to this application

2:39:34You can do so by calling the number displayed on the screen that numbers 5198221260 extension 2524

2:39:46Good evening. Can you state your name for the record please?

2:39:50Yes, thank you. Mr. Chair. It's Lloyd grinnum grinnum architects, and I'm agent for the application

2:39:56Thank you. And can you tell me if the sign was posted as per the planning? Yes, it was

2:40:01Thank you. And have you read staff's comments and are you in agreement?

2:40:06We have read the comments and we are in agreement with the comments and the recommendations and the conditions suggested

2:40:13Well, as you know, you have 10 minutes to address the committee. Please go ahead. Thank you very much

2:40:19Excuse me

2:40:21so

2:40:23Just very briefly. I think everyone's seen I'm sure seen the applications or some drawings with that

2:40:28I don't I don't know that we need to this is probably the key piece

2:40:32the the property has

2:40:36essentially two buildings that have

2:40:38accrued over time

2:40:39There's sort of an early 20th century two and a half story house

2:40:42It's a later three two and a half story

2:40:47addition to it, I think not exactly sure how old it is. I think it's from the 60s

2:40:52Which has three units three apartment units in it

2:40:55The most recent use of the building that's proposed to undergo the most internal renovation

2:41:03Was

2:41:05Previously for some time an eight unit or an eight room lodging house

2:41:09Um

2:41:10So what's being proposed and this is the the actual

2:41:14renovations to the the building have sort of evolved through various conversations with planning staff and particularly with building department staff

2:41:22um trying to understand how best to shape this to

2:41:26meet current joining requirements zoning regulations and building code interpretations because as you probably know

2:41:33Supportive housing takes on a number of forms these days. It's a bit of an evolving building typology

2:41:39so where we landed with this is that the

2:41:43previous current I guess eight unit or eight room lodging house

2:41:47will be internally reconfigured substantially and the um

2:41:53Two bedrooms of the attic kind of the attic space

2:41:57will be replaced with a new

2:42:00a new

2:42:01Full third floor on it

2:42:03So that essentially three

2:42:05Dwelling units are created in that space with an interconnection

2:42:10To code compliance for fire separation. So it's essentially three stacked units, but it meets the sort of requirements of the

2:42:20proposed use for the supportive housing in that it provides the opportunity for staff to provide full-time

2:42:26property management and supervision of the residents who in this case

2:42:30um

2:42:31The intent is windham house and so the uh residents would be

2:42:36um for the housing of at-risk youth as they move into

2:42:41supportive housing towards more permanent housing

2:42:44situation in the city

2:42:46so

2:42:47As it turns out most of the variances, I think virtually all but one of the variances that have been identified and that we are

2:42:54Seeking permission on really all have to do with the placement of this house

2:42:59or combination of two existing dwellings on the site and the resultant setbacks from property lines and things that

2:43:07predate the previous and the newest zoning bylaw so for instance

2:43:12The second floor is expanded a little bit to match the current ground floor to create sort of the you know the full

2:43:20um three bedroom housing unit on that level

2:43:24and

2:43:25The third floor both of those encroach on what current zoning bylaw would request for a front yard setback

2:43:31But the building itself is already well within that front yard setback similarly

2:43:35The side yard setback and the seven and a half meters so all of the the setbacks and all of the

2:43:41Zoning regulations that we're seeking relief on have to do really with the placement of that building assembly on the site and the boundaries there in

2:43:50The two conditions that were recommended by staff

2:43:53Make total sense in terms of the proposed use of the building and there's there's no questions with that so

2:44:00With that I guess I would say that

2:44:01I can try to answer any questions and if if there are questions specifically

2:44:05I think as I say the cover letter that was provided by windham house

2:44:08I think did a very good job of explaining the nature of the work they do and and why it's important and where it fits into the

2:44:15larger housing situation in the city

2:44:17But if there are questions more specific to that and the intended use of the building

2:44:22Kristen the executive director is here with me and she would be far better to speak to those questions than I would

2:44:27I'm really just sort of here to talk about planning and zoning and regulations and trying to comply with those

2:44:35Thank you very much and um committee members. Do we have any questions of the applicant seeing none?

2:44:46Um, I'm going to ask if there's anyone in the gallery who would like to speak to this application

2:44:52Yes, please approach the podium

2:45:10Good evening. Can you state your name for the record please? Yes, mr. Chair. I'm david durbin and I did pre-register to

2:45:16To delegate this evening as well

2:45:19Thank you, and um

2:45:21You have 10 minutes to address this application. Thank you very much

2:45:26I represent several neighbors that surround the property at 109 waterloo

2:45:31I want to clarify first of all that we are not

2:45:34nimby neighbors

2:45:35We are opposed to not in my backyard and I personally am a supporter of windham house

2:45:40My wife worked there for a number of years and at my previous residence

2:45:44I lived across the street from another windham house property and it was a very successful period of life for me, I guess

2:45:51I'm concerned about certain parts of this proposal, however

2:45:54And I wanted to make sure that city staff and this uh committee

2:45:58Was aware of those concerns and perhaps took some time to consider on them before making any decisions

2:46:05At a very minor point

2:46:07I'm not 100 sure that sign was up for 10 days prior to today's meeting

2:46:12I walk past that building every day. It felt a little bit shorter than that

2:46:15I don't think that's really relevant, but I did want to raise that um that point

2:46:19My request is that this committee work with city staff

2:46:23Windham house the current property owner and the immediate neighbors before approving this variance request to confirm certain areas of the proposal

2:46:33We'd also like the committee to spend some time understanding the history of the very negative interactions we had in a previous iteration of this property

2:46:42Um iterations that resulted in police attending the property numerous times

2:46:47several arrests being made and in fact at one point in time a city run um

2:46:53Conversation that helped the neighbors and the residents of the property and the people that were running the property

2:46:58Try and come to some resolution with some of the struggles that we had there

2:47:02I worked through that proposal with the city staff and with my neighbors at the time

2:47:06My specific request is that city staff and this committee confirm certain pieces of information

2:47:12related to

2:47:14Namely who the owner of the building will be once the renovations are complete

2:47:19We did not see that in the information provided and that if that owner is not windham house

2:47:25That the ownership confirms how long the supportive housing agreement is in place with with windham house specifically

2:47:33And that if the agreement with windham house does not last for longer than 15 to 20 years

2:47:39A clear policy and process be put in place by the owner of the property and any other interested parties

2:47:46To ensure it remains a supportive housing unit and does not run the risk of becoming a boarding house style of property

2:47:53Should the lease with windham house come to an end

2:47:55We also suggest

2:47:58Uh to discuss whether the supportive housing will actually have physical

2:48:0324 7 onsite support for the residents or whether that will be something that is provided on demand as needed

2:48:09I think that's important

2:48:11We're curious about where staff will park if there are no parking spots provided

2:48:16There's no street parking on waterloo avenue. There is someone yorkshire street, which is fine

2:48:21But emergency vehicles and staff may have troubles getting to the property at certain periods of time

2:48:26We're a little bit curious about whether the property is actually in good enough condition to support such a large renovation

2:48:32It's been really run down over the past 15 17 years that i've lived around that area

2:48:38And we'd like to suggest that city staff investigate the value of requesting permanent fencing

2:48:44Be erected on the west property line in the back of 109 waterloo avenue

2:48:49Where the city laneway runs and this is in order to deter negative minded visitors to that property

2:48:56That's what we've witnessed in the past

2:49:00We are requesting therefore that the committee defer this application until there is more clarity in relation to the points

2:49:06I've raised above

2:49:08And my opinion is that a short delay in this variance application to ensure this property is developed appropriately

2:49:14Will help ensure the future success of the project

2:49:17I've been in communication with my neighbors over the past couple of weeks and a little bit this evening

2:49:21And we'd be delighted to work together with the property owners and with windham house and with city staff

2:49:26To make sure this proposal is successful moving forward given the concerns that we have brought to light today

2:49:33Thank you, mr. Chair

2:49:35Thank you very much for your presentation

2:49:38committee members, do we have any yeah, just hang on

2:49:41committee members, do we have any questions of this app or

2:49:44Delegate and I'm seeing shaking heads online as well. So thank you very much for your presentation

2:49:54I'm I've made some notes and I'm sure the

2:49:57Applicant may have some answers for you. Thank you. Thank you

2:50:04Are there any other registered delegates

2:50:07Mr. Chair, I can confirm we do have another delegate appearing

2:50:11Via video and the name is grace

2:50:14Carson let me just ask if there's anybody else in the audience first

2:50:19I'm seeing a shaking head. So I will take that as a negative

2:50:24Sorry, madam secretary treasurer. I was cutting your lawn

2:50:31We do have grace karson in appearing via video

2:50:36and is

2:50:38Grace available

2:50:51I at evening. Can you state your name for the record, please?

2:50:56Thank you, mr. Chair. My name is grace karson

2:51:00Council staff and members of the public

2:51:02Thank you for allowing us the opportunity to speak tonight regarding the planning application for a homeless shelter proposed next to our property

2:51:10My sister and I are first year students at the university glove and after a thorough house search

2:51:15We decided to use our savings to purchase our first home at 111 water, loo street in glove

2:51:20The home was ideal for us for several reasons

2:51:23It can accommodate both of us and four additional students to help manage our living expenses

2:51:28More importantly, it is located in a safe supportive community with close proximity to the university

2:51:34An area where we felt safe secure and comfortable as young women living away from home for the first time

2:51:40Safety is a top priority for us as it is for many young women living independently

2:51:45In a house shared with fellow female students

2:51:47We carefully chose this neighborhood confident that it was a place that valued safety and stability

2:51:52It was a peace of mind that came with this assurance that made us feel comfortable making this significant investment

2:51:58While we understand that every community needs a variety of housing options

2:52:02We are deeply concerned about the proposed homeless shelter being placed next door

2:52:07The presence of such a facility so close to our home raises serious concerns about our personal safety

2:52:12And security especially as young women

2:52:16A homeless shelter though intended to serve an important social need could create a challenging environment for residents nearby

2:52:22Particularly those living in shared housing like ourselves

2:52:26Living next door to a shelter could expose us to increased risks such as the possibility of unanticipated disruptions

2:52:33safety concerns and the potential for encounters with individuals who may be facing mental health or substance abuse challenges

2:52:40While we fully support the need for shelters and services for vulnerable populations

2:52:44We feel that locating such a facility next to your residential area

2:52:48Particularly one housing female university students is problematic

2:52:53Our primary concern is that a homeless shelter in such close proximity could significantly affect our sense of security

2:52:59As young women who are navigating university life and living independently for the first time the peace of mind that comes with knowing our neighborhood

2:53:06Is safe is essential to our well-being

2:53:09We need to know that we can turn to our home each day without fear and we do not feel that a homeless shelter next door would provide that assurance

2:53:15Our female tenants are not comfortable with renewing their leases for next year due to these concerns

2:53:21We ask the council to carefully consider the potential impacts of this proposal on the safety and security of the existing residents in the area

2:53:28Particularly the students who live in this neighborhood

2:53:32While we appreciate and support the need for support of housing solutions

2:53:35We respectfully request that alternative locations be explored

2:53:39Particularly away from residential areas that house students and families who may feel vulnerable and proximity to such a facility

2:53:46We urge the committee to prioritize

2:53:48Prioritize safety and well-being of the existing residents in this community and we trust that you will give our concerns a careful consideration

2:53:55They deserve. Thank you for your time

2:53:59Thank you very much for your presentation

2:54:02Wait right there and I'll see if my colleagues have any questions for you committee members. Do we have any questions of this?

2:54:09delegation

2:54:12Seeing none. Thank you once again for your presentation and you may want to continue to listen to the meeting as

2:54:20We will

2:54:22Surely bring back the applicant to answer your and other questions. So

2:54:28Please hang on and

2:54:30Continue to watch

2:54:32Madam secretary treasurer. Do we have any other delegations online?

2:54:37I can confirm mr. Chair. We haven't received any other delegation requests

2:54:42Thank you very much and um, mr. Greenham if you could

2:54:49If you'd like you you have some time to answer some of the questions that have been raised by the delegations

2:54:57Thank you, mr. Chair. I'm and I'm going to lean on my uh

2:55:01My colleague christin to help with some of these. I'll start with the easy ones. Um, I think and and

2:55:08We're David good. Oh, there is

2:55:11Thank you for those those comments too because I think

2:55:14Uh, very reasonable questions under the circumstance as to who owns this building who's going to own this building

2:55:20So just a bit of background currently

2:55:23Windham house does not own the property

2:55:25So we've been engaged with windham house and hence our work with the city's half to try and identify

2:55:32A path forward for windham house to acquire the property. So currently they do not own it so

2:55:38um, and having toured the building in question

2:55:43I completely understand your comments. I under and a lot of the history i'm familiar with

2:55:49So it so I think that needs to be perfectly clear. This is all

2:55:54Preparatory work for windham house to acquire the property and then implement its own sort of management

2:56:02Structures over that and the operation of it. So

2:56:05That's kind of the key thing that I wanted to get in at christin. I think we'll be able to speak to

2:56:10Things like the funding and the structure of that which does have a 20 year time frame and that sort of thing and the supervision

2:56:17The condition of the building it is it is very rundown

2:56:20We did actually do a very thorough survey of it because part of what we had to do was try and identify

2:56:26the renovation costs

2:56:28To bring it to what we've shown on the proposal as being the sort of the new life of the building and it's not insubstantial

2:56:35It is a lot of work

2:56:37But ourselves and the engineers have determined that quite doable just it's going to be a rather expensive piece of work

2:56:44But better and more cost effective than tearing buildings down and building new

2:56:49Um

2:56:50The last and the fencing part I is is a good question. It hasn't come up in our discussions and I think

2:56:57Um as with the case with other projects, I think it's quite likely something that planning staff and building staff

2:57:03could sort of

2:57:05Proposed to us as we get to the point of building permit applications

2:57:08And I think we've done that in the past because it doesn't go through a full site plan process

2:57:12And that's I think totally reasonable and a reasonable approach to that sort of question an issue

2:57:18Um the last question and then this is my pivot to christin

2:57:22Is that I think it's very important to understand that this the intent of this is supportive housing

2:57:28Not an emergency shelter

2:57:30And christin is certainly in a better position to speak to that that I am but but this is the creation of new homes

2:57:38albeit

2:57:39Not necessarily permanent but longer term homes for youth at risk and the idea is to give them that same stability that the neighbors

2:57:47You know choose for themselves. So I think

2:57:50with that

2:57:51christin executive director from windham house

2:57:55should probably

2:57:56Try any of the other questions that I missed if we missed any

2:58:00Good evening to the chair and the committee and thank you everyone for your thoughtful comments questions concerns. I agree

2:58:06Sorry, I'm just going to ask an administrative question

2:58:09And if you can just identify yourself for the public sure my name is christin carony and i'm the executive director at windham house

2:58:16Awesome. Thank you very much for attending and and please go ahead. I am sorry to interrupt. No, that's okay

2:58:22Um, so in terms of some of the concerns and questions

2:58:25I think a lot of them come from the fact that there have been significant issues at this property for the last several years

2:58:31I really appreciate mr. Durbin's questions and comments about keeping

2:58:36This project as a supportive housing

2:58:38project and something that is like fully supported and staffed rather than something that could be left to sort of

2:58:46Unwind or become something different than what was originally committed and I just wanted to clarify that

2:58:52What we are proposing is

2:58:54Is permanent supportive housing?

2:58:57It is for youth. It is a 24 hour staffed model

2:59:00I can guarantee that we have full funding and a plan for the 24 hour operations of this project

2:59:07It would never be left unstaffed. In fact, it would have two employees 20 hours a day in addition to other wrap round supports

2:59:16as

2:59:17Mr. Grinnom identified it is not a shelter

2:59:21So just related to the correspondence as well as the delegation. We just heard it is not an emergency shelter

2:59:27Those are completely different things

2:59:30And so the concerns raised about an emergency shelter do not apply. This is

2:59:35Long-term supportive housing. It is meant to help people stabilize

2:59:39This is young people fleeing a variety of situations where they have nowhere to go where they can't live at home

2:59:44And they need a long-term option to develop life skills

2:59:48And experience stability so that they can develop the independence to potentially eventually move out on their own

2:59:52So that is the intention of the program

2:59:55And that means that a lot of the kind of concerns around safety and security would be addressed by having employees there 24 hours a day

3:00:03As mr. Durbin indicated we operate other long-term supportive housing programs, which are well run

3:00:09And not mentioned in any of the correspondence

3:00:12Perhaps because people don't even realize that they're there

3:00:15And we have a legacy of running supportive housing for about 50 years in wealth

3:00:19So we do have the experience and the capacity to do this work

3:00:24I also was concerned about the condition of the property and have been doing a lot of

3:00:28Pre-development work with support from mr. Grinnom and others to determine if this is a viable project

3:00:34It is a viable project. It's been reviewed by many many people

3:00:38And in terms of another comment that i've heard a few times this evening is about carefully considering the correct location for a project like this

3:00:45I just wanted to clarify that supportive housing is allowable

3:00:49Throughout the city and that we have carefully considered and looked for a property for a very long time and believe this is a very unique opportunity

3:00:57For our population. It is walkable from appropriate and necessary services, which is difficult to find

3:01:04So it isn't something that we can just sort of turn around and find something else. I think it is a very unique opportunity

3:01:11In terms of

3:01:12The fencing if that is something that is possible and doable

3:01:15I it wouldn't be me that can speak to that but we are happy to work with our neighbors around what would make this space

3:01:21more amenable to them

3:01:23And if that's a good reasonable option, then we are happy to put it into our plan

3:01:29The final thing I would say is just a deferral

3:01:34Though a reasonable suggestion could put our funding application in jeopardy

3:01:39So we do have a very short timeline

3:01:40We're working with in a funding application that we've put forth for the purchase purchase and development of the property

3:01:46And a one month deferral even could potentially

3:01:49Jeopardize that process that we have in place. That's why we're doing this process before we've acquired the property

3:01:58Thank you very much. Um committee members. Do we have any questions of the of the applicants?

3:02:05Member Spears

3:02:06Yes, through you mr. Chair to uh to christin. I guess, um

3:02:11Who's living what's the situation with that building right now? Who's living there?

3:02:15Okay through the chair to member Spears

3:02:19The can the situation right now is that it's rented as a lodging house. I think different uh proponents have been involved with it in the

3:02:26Past and I think this is where mr. Dermott's concerns come from is that

3:02:29There's no longer support whereas there was support at some point and now it's just sort of rented and so there there are some

3:02:36major issues and concerns with

3:02:39The current situation. I believe there is one resident left from the previous iteration

3:02:44So we would be supporting that person to relocate

3:02:49Okay, thanks

3:02:54Committee members any other questions? I'm seeing none. I have a couple

3:03:03And

3:03:05it it revolves around deferral and your commitment to

3:03:11Engage with the community

3:03:13having sat through

3:03:16Another meeting last night that went quite long. I I do understand

3:03:22the timelines

3:03:24that

3:03:25Supportive housing those need

3:03:30We're here today

3:03:32As committee of adjustment to look at

3:03:37Not necessarily the use but we're here to look at the

3:03:43Minor variance request is is really what we're looking for

3:03:47once

3:03:48were we to

3:03:51To agree to a minor variance

3:03:55How long would it take before?

3:03:58things like

3:04:00going to building permit and

3:04:02construction would take

3:04:04I know that

3:04:06I know applying for a building permit is a moving target, but do you have a working

3:04:13Timeline that you'd be looking at

3:04:17through you, mr. Chair

3:04:20It's

3:04:21this answer is subject to whether or not

3:04:23Windham house can secure the the approval for the funding and obtain the property

3:04:30Based on the assumption that they're successful in that

3:04:33Which I believe is

3:04:35Answers are expected on that in the next few weeks

3:04:38our expectation

3:04:40Is to begin the building permit documentation work

3:04:44Consultation with planning and and building staff towards that in a timely fashion

3:04:50with an eye towards a

3:04:52Early summer construction start on it. So

3:04:55there's probably realistically three to four months of sort of design development work

3:05:01and

3:05:02consultation with

3:05:04Kristen and I think that's that's the opportunity where we have we do have time to actually meet with

3:05:10Neighbors and try to you know put pen to paper to actually provide solutions to those those questions, which I think are all quite doable

3:05:19but

3:05:20The the key piece is and I think christen's

3:05:23Stated this correctly

3:05:24In the in the case of a deferral as as you may know in the course of seeking

3:05:31municipal county provincial funding

3:05:34The key to that funding is demonstrating essentially shovel readiness. And so when there's a planning

3:05:40Question or planning approval, which in this case, you know

3:05:44Can be a zoning variance a zoning amendment, which is terrible or a minor variance, which is still a planning approval

3:05:50if that's pending

3:05:52That tends to cast

3:05:54A bit of a shadow on the validity of that application and they generally

3:05:59Aren't as successful and as you know those cycles

3:06:02There's there's quite a gap between the cycles

3:06:04so

3:06:06That was the reason why we and christen and windham house even though they don't own the property have engaged us to try and get these initial

3:06:14approvals in place so that

3:06:17She could say to the funding through the funding applications

3:06:21We are ready to go. It's you know, it's a relatively technical exercise to get building permit drawings together

3:06:26I don't want to make it sound too easy, but it's

3:06:29It's all less mysterious because it's it's really just working with staff in the building code to arrive at the solution

3:06:35With the construction manager who we've also engaged on this too. So

3:06:39But that all to say

3:06:41It wouldn't happen tomorrow

3:06:44But we would like to start

3:06:46Effectively almost tomorrow so that we have time to incorporate these comments from the neighborhood and work with the neighbors to try and get the best outcome

3:06:53Thank you very much for that. I do appreciate it

3:06:57Committee members any other questions comments about this? Yes member spears. Yes through you mr. Chair

3:07:03I've I've visited the site and I'm a little confused about the parking request which is for zero spaces

3:07:11But there's a big driveway

3:07:13So I don't get that

3:07:15well

3:07:16I said I wasn't going to do that. I may have to ask

3:07:20Just to put the site plan up for a minute

3:07:22um

3:07:23Waterloo Avenue is is is an interesting one in that the uh the street line

3:07:30It looked from the street the buildings away way back off the street, but you see where the property lines are

3:07:36so

3:07:37there's a small

3:07:39mountain of grass between the street and the buildings

3:07:43it's very deceptive the

3:07:46so

3:07:47Historically and I think you can drive by there anytime and you'll see one or two vehicles parked in the driveway

3:07:51Well inside the sidewalk and everything looks fairly normal

3:07:55they just aren't

3:07:56In a position that the zoning regulations identify as legal parking space

3:08:01So we had this discussion and I was I was corrected by

3:08:05Planning staff that I said well, I think there's a parking space

3:08:09Because I can see it and we drew it on and she said well, but it's not legal

3:08:13It's existing non conforming and it works as a parking space has done and continue to do so on both sides of this

3:08:20But to be legal it has to be located behind the front face of the building

3:08:24Which it's not and between the building and the street there isn't room for parking

3:08:29So it's kind of a technicality. There's practically and realistically there's parking on site

3:08:35According to the zoning regulations and definitions. There's no legal parking on site

3:08:39Okay, and then to the extent that there is a garage

3:08:43Our intent is to turn the garage into secure bicycle parking because that really is the vehicle of choice of the clientele

3:08:49There's not a big demand for cars. There's a big demand for secure bike parking space

3:08:54So the garage is kind of earmarked to be a very nice new secure bicycle storage facility

3:09:01Okay, that's great because I I thought

3:09:04You know, I walked down the driveway beside the house. So I thought that I could drive here if I wanted to

3:09:11So, okay, that answers my question. That's I feel better about that

3:09:19Community members any other questions for the applicant?

3:09:25Seeing none

3:09:28Thank you for your presentation

3:09:30I'm going to take this now into committee and we're going to consider

3:09:34Your request committee members. Do we have

3:09:39A motion to come forward

3:09:46member stairs

3:09:50I move to approve the application with the conditions recommended by city staff

3:09:57And do we have a seconder?

3:10:00member ballah man

3:10:01Is there any discussion? I'm just going to add that I'm going to be supporting this and

3:10:11I

3:10:12I just wanted to also point out for benefit of the delegates that are pardon. Yes the delegates that

3:10:19There has been a commitment to engage with the community and

3:10:25During the appeal. I mean, there's a 90 day appeal process. So even if there was a building permit

3:10:32That application ready to go

3:10:35After this meeting it couldn't be it couldn't be put into process for at least 90 days. So

3:10:43I feel confident given the comments by the applicants and the very good work that's been done so far by both

3:10:52Applicants I I am very comfortable in supporting this application and we'll be voting for it. Um, are there any comments discussion?

3:11:01Honor motion then I will turn it over to madam secretary treasurer

3:11:08Committee members, please indicate your vote by responding in favor or opposed to the motion

3:11:13Which is to approve the application with the one recommended staff condition chair smith in favor

3:11:20member ballaban in favor member good fellow

3:11:24In favor member membrane. Yo in favor member sear

3:11:29In favor

3:11:30And member spears in favor that's carried mr. Chair

3:11:34Thank you. Uh, your application has been approved and you're free to leave the meeting. Thank you very much. Thank you very much

3:11:46I believe that concludes our official business. Madam secretary treasurer

3:11:52Um

3:11:55Do we have any staff announcements?

3:11:58Mr. Chair, I do have a few brief announcements. The first is the

3:12:03Ontario land tribunal had previously scheduled a hearing for november 14th

3:12:082024 regarding the appeal of the committee's decision to refuse

3:12:13Files b dash 32 slash 24 to b dash 34 slash 24 and a 40 slash 24 to a 43 slash 24

3:12:22For 10 orchard crescent at the august 8th 2024 hearing

3:12:27This tribunal hearing has been rescheduled to december 11th to 13th 2024

3:12:32So just including that for the committee's information. Um, and lastly we did receive an appeal

3:12:40um

3:12:41To the Ontario land tribunal regarding the committee's decision to refuse file a dash 71 24 for 4 24 willow road at the october 10th 2024 hearing

3:12:52And that's all the announcements. I have mr. Chair

3:12:54Thank you, madam secretary treasurer. Um any updates on vacancies?

3:13:02Mr. Chair, we're we're viewing some

3:13:05Options and we'll be able to report back shortly

3:13:09Well, that's good because we're about to have another one and with that I think we uh,

3:13:17We all are anticipating uh, um

3:13:21The holiday season coming and um member seyer will be

3:13:24uh

3:13:26Leaving

3:13:27At the end of the next meeting. So I'm sure we'll all want to wish

3:13:32him

3:13:34The best in his in his new location in the hammer. So

3:13:38We'll we'll have those salutations of I hope in person at the next meeting

3:13:46With that, um, I'm going to entertain a motion to adjourn

3:13:52member spears

3:13:53So moved

3:13:55Thank you

3:13:56seconding

3:13:58Is member ballaban all those in favor?

3:14:01We stand adjourned. Thank you committee members. Thank you staff

3:14:06Thank you