Committee of Adjustment

0:23Good afternoon. I'd like to call the call to order the June 22nd 2023 hearing of the Guelph Committee of Adjustment.

0:32This hearing is being held in a hybrid format with attendees appearing in person or remotely and it's being live streamed and recorded.

0:40Public hearings form part of the public record and the words names or images of those participating will be recorded and posted online.

0:48I've confirmed with the secretary treasurer that we have a quorum to proceed.

0:52Before I outline the hearing format, if you wish to speak to the application that's listed on the agenda and you have not submitted a request in advance of the hearing, please call the number displayed on the screen now, which is 519-822-1260 extension 2524 and you'll receive instructions on how to participate.

1:15The agenda for this hearing has been posted online at guelph.ca forward slash c of a.

1:22I'll remind all committee members and staff participating in the hearing to please mute your microphones when not in use applicants will be unmuted when their application is called.

1:33I'd also like to share the hearing format will be using an application will 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.

1:44Afterwards, the applicant will be given an opportunity to add anything further to their application to a maximum of 10 minutes.

1:52If you were an applicant and you have nothing further to add, then you can simply say so.

1:56The committee will then be able to ask questions to the applicant or staff.

2:00After that, we'll hear from members of the public who wish to comment on the application.

2:06Please note that all comments should be directed through the chair.

2:10Please avoid repeating concerns that have already been stated by others and focus on adding new information.

2:16Comments are limited to 10 minutes or less.

2:20Any members of the public who have submitted a request to speak prior to the hearing will be the first invited to provide comments.

2:27For those watching the hearing online, if you wish to speak to an application and have not submitted a request in advance of the hearing, please call the number displayed on the screen now.

2:37For those attending the hearing in person, you will also be given a chance to come forward to the podium and address the committee.

2:45Once all comments from the public have been heard, the applicant or staff will be given the opportunity to respond to comments.

2:52Finally, the chair will turn to the committee for a motion and deliberation as well as a vote on the application.

2:58When the committee is making a decision on an application, the chair will be asking the secretary treasurer to conduct the vote by roll call.

3:06The secretary treasurer will call each of the members' names and each member will respond if they are in favor or opposed to the motion and the chair will announce the result of the vote.

3:18If you wish to receive a copy of the decision on an application, including information about the appeal procedure, you must submit a written request.

3:29And that email address is shown on the screen now, c of a at gulf.ca.

3:37A written request can be made by contacting staff using the contact information shown on the screen.

3:44Please indicate your name and the file number you're interested in. Please note that owners and applicants automatically receive a copy of the decision.

3:53At this time, I would like to ask member Klein to provide the First Nations acknowledgement.

4:02Thank you. As we gather, we are reminded that Guelph is situated on treaty land that is steeped in rich indigenous history and home to many First Nations, Inuit and Métis people today.

4:13As a city, we have a responsibility for the stewardship of the land on which we live and work.

4:18Today, we acknowledge the Mississauga's of the credit First Nation of the Anishinaabek peoples on whose traditional territory we are meeting.

4:26Thank you.

4:30I'd now like to ask the committee members. Are there any disclosures of pecuniary interest? If so, please raise your hand.

4:38Okay, seeing none, you can proceed.

4:43Now just addressing any requests for withdrawal or deferral and I've confirmed with the secretary treasurer that we have not received any deferral or withdrawal requests.

4:56I'll turn it over to the secretary treasurer now to announce the first and only application we have on the agenda.

5:02Thank you, vice chair. The first application and only application that we have tonight is file a dash 39 slash 23 permission to allow a university residence as a similar or like use to hotel and residential uses at 785 Gordon street.

5:26If you wish to speak to this application, please call the number shown on the screen. The number is 5198221260 extension to 524 when your calls receive staff will provide you instructions on how you can delegate remotely by phone.

5:42I'll also note as well that correspondence was received after the comment deadline from Ian Heyhurst resident on Gordon street with concerns about the application and that correspondence has been circulated to the committee members and the applicant as well as staff.

6:00Thank you secretary treasurer.

6:07I'd now like to ask if the applicant is present.

6:09Please come forward. Thank you. And could you state your name and your relationship to the application?

6:23Trevor Hawkins from MHBC planning. We're here on behalf of the owner and the university of wealth.

6:28And we're here in support of staff's recommendation. Okay. Thank you.

6:33And can you confirm if the sign was posted in accordance with planning act requirements?

6:39The sign was posted in accordance with requirements and photos were provided to city staff.

6:44Thank you. Also, I'd like to ask if you received a copy of the staff comments and if you're in agreement with the recommended conditions.

6:53We did receive them and we are in support of the recommended conditions.

6:57Thank you.

6:58So yeah, now I'd just like to wish ask you if you wish to address the committee and have anything further you wish to discuss with regard to the application and you have 10 minutes.

7:11Thank you, Mr. Chair. I think I'll summarize the application succinctly and thank the committee for organizing the meeting this afternoon.

7:19The intent is for the existing building to be utilized for student residence purposes.

7:26The residence would be operated by the University of Waterloo.

7:30It's intended to be operated on a temporary basis.

7:33And one of the staff recommendations acknowledges the temporary nature of the use.

7:38So the subsection of the planning act under which we've applied.

7:43It's a little bit different than perhaps other variances, but it allows for a use that's similar to an existing permitted use to be requested and permitted by the committee.

7:52And the intent here is that this use would for all intents and purposes function similar to a residential or hotel or quasi residential use.

8:00And the operation of the hotel would be very similar.

8:03Instead of guests residing for temporary period of time in a hotel, it would be students at the University of Guelph who would reside in the hotel.

8:13But from the outside of the building, the operation would look the same as it does today.

8:19Okay, thank you.

8:24Now, I'd like to ask if committee members have any questions for the applicant members or Smith.

8:38I have a couple of questions, chair, and through you, I want to thank the applicant. Excuse me.

8:46Thank the applicant. I do have a couple of questions. First of all, it may have been a slip of the tongue, but in your, your comments, you said University of Waterloo.

8:59Did you mean the University of Guelph? Did I? Sorry.

9:02I came from that area today. So University of Guelph is what I meant.

9:06Well, Waterloo. Yes. Well, they're different. Potato Pizzato. Okay.

9:11Thank you for that. I did have a question on your illustration.

9:17It seemed that there were a couple of bathrooms that were called out.

9:24And I think some are existing and some may be demolished. It just was a little unclear.

9:33What that was all about.

9:38Through you, Mr. Chair, I think we submitted the site plan that was approved for the hotel use. And I think the intent was to illustrate that the footprint of the building in the parking area.

9:52Were not changing. I don't think the intent was to, to establish particular particulars of the inside of the building. I think there will be some interior work required to convert some of the hotel rooms for students and to convert the sort of breakfast component of the existing hotel.

10:10To work for the grab and go function that the university will offer in addition to the meal plan that the students would have.

10:16But I don't know that the hotel floor plan that happened to be part of that site plan was intended to illustrate changes that may occur.

10:24Okay, thank you for that.

10:27My next question is in regards to the late comments we had from Ian Heyhurst. Have you had a chance to read those.

10:36We have, we have had a chance to read them and we've had an opportunity to discuss it with the current operator of the, of the hotel.

10:47And I'm going to invite my colleague, Jen go day up. She has a bit more background that may help the committee.

10:53Hi everyone.

11:01So as Trevor mentioned, we've had an opportunity to talk to the owners and how it currently functions is there are eight suites that are rented for long term use of those eight.

11:12Six are operated by stepping stone, which is a community organization. So they're rented in stepping stones name stepping stone is currently in the process of moving them to different location.

11:23So all six of those residents will be moved as part of that organization.

11:29The sixth or seventh resident has signed an agreement to move.

11:34And then the eighth is the one who submitted the correspondence.

11:38Our understanding is that stepping stone is also working with that individual to try to set up arrangements for other accommodations.

11:49Through the chair. Thank you very much. I do have a question chair for staff, if I may.

11:59I noted in the comments that this is similar to the ultimate use as proposed is similar to to a hotel is professional staff's assessment.

12:18Is that correct.

12:22Through the chair to member Smith that is correct.

12:26Planning staff have reviewed the application and believe it meets the requirements under section 45 to be of the planning act, and it is a similar like use to a hotel.

12:38Thank you for that. And through the chair, one follow up on that issue.

12:44Would that change with the new zoning regulations would something like this be captured in the new zoning regulations or is this under the old zoning bylaw.

12:58So through the chair to member Smith.

13:01The second resident has asked for has applied for an application under 45 to be of the planning act to both bylaws to both the 1995 bylaw and 2023 bylaw because our zoning bylaw does not specifically divine a university residents.

13:19So they would they would need is essentially the approval under both bylaws.

13:25Thank you. And through the chair, my final question is sort of a follow up on that, and I don't want to make this a lengthy discussion, but does this mean that we might see potentially see similar

13:43applications come forward.

13:46I think that may want to do something similar. There's, it sounds like there's no mechanism for university residences is that correct.

13:58Through the chair to member Smith.

14:03So in terms of like in terms of other hotels and other sites, if they were to apply for an application, we would have to review it on a site specific basis. We have had other hotel conversions go through a site specific zoning amendment, but those are more for

14:17permanent uses. In this case, this, this specific property is subject to a different application for an official plan amendment and zoning bylaw amendment which is currently under appeal at the Ontario Land Tribunal.

14:32And so I think that's how this was applied was that the university would like to use this for a temporary period of three years, which is why we've recommended the condition to that effect, but any other application we would have to review

14:46in terms of a site specific basis and whether that be through a similar type of application or through a site specific official plans, wanting bylaw amendment depending on the site that we're talking about.

15:00So I think that's a good question.

15:01Thank you, Chair. We freed indulgence.

15:04Thanks, member Smith.

15:06Member Goodfellow.

15:08Yes, thank you through the chair to the applicant. Can you give me a sense of how many students you were thinking are going to be in the residents when it is fully operational.

15:21I'll call on at Townsley from the University of Guelph who will be able to answer that question.

15:27Yes, we are looking at approximately 160 students.

15:32With that we will have professional staff.

15:37Res life staff and then residents advisors as well.

15:44And thank you back through the chair again so 160 students plus plus plus so is that 200 is it 108 no 160 inclusive sorry it's inclusive. Okay, thank you. Thank you.

15:56That's good. Thank you.

15:57Thank you.

15:59If there's no further questions from the committee had one question for the applicant and it's more.

16:07It's just with regard to the second condition and it's a bit of a detail, but staff is recommending.

16:14Three years for this and I'm just wondering.

16:18Should it be three years from August 1st, because the decision will be as of today. So.

16:26Just want to make sure that this lines up with your leasing.

16:29Thank you for the question that's very helpful August 1st would be appreciated.

16:36Thank you.

16:42There's no further questions for the applicant at this time you can take your seats and thank you.

16:49Well, maybe you could turn that off. Thanks.

16:57I'd now like to ask the secretary treasurer if any delegations have been received.

17:03Vice chair, sir, I can confirm we haven't received any delegation requests.

17:08Thank you.

17:14Well, at this time.

17:16I'll ask the committee if they wish to make a motion with regard to this application.

17:23Oh, sorry. Does anyone present have any delegation they would like to make.

17:31Please come up. Sorry about that.

17:46Yeah, just.

17:50Yeah, sorry. This is my first time here since I left the committee in 1992.

17:54Okay.

17:56My name is Bill Mungall. I represent a number of local residents from the neighborhood who had had concerned themselves and still have concerns about the.

18:07Redevelopment proposal that went before city council last year for the property for the proposed the demolition.

18:16Of the hotel and replacement with the 10 story 520 student residents.

18:22And so that is my main concern. I am here though today.

18:27In support of this application because.

18:32And this is connected to the redevelopment proposal because it buys time for the owner, the developer.

18:41To reconsider their application for the demolition of the hotel and replacement with the.

18:4810 story building, which would be completely incompatible with the immediately adjacent residential neighborhood.

18:56And so by the developer making this application, they have bought themselves 3 years to reconsider their appeal before the Ontario land tribunal.

19:07And our hope is that they'll realize that they have a losing hand and that they will withdraw their application.

19:14And do what the mayor implored them to do.

19:17Right from the charioteur sitting in, which was to commence a constructive dialogue with planning department staff and with the neighbors.

19:26On a delvelement proposal that would be more in line with the official plan.

19:31And that would be satisfactory to the neighbors and to planning staff. That's not happened to date.

19:37And so I just wanted to send a message to the owners that they've given themselves an opportunity and therefore we're in support of this application.

19:47We've also heard that the university has done quite a good job with the half of the hotel so far that has been occupied by students.

19:56And so we're quite in favor of that process continuing with an extension of that use to embrace the whole hotel.

20:04Thank you for your comments. Just ask if any committee members have any questions for you.

20:12Thank you through you chair. Thank you for your presentation and I just like to ask.

20:22Is it a formal organization or is it just a group of adjacent neighbors that you represent.

20:30It's an informal organization but we did organize to the extent that we canvassed about 700 homes in the neighborhood before we took a position.

20:38And then we submitted a 17 page submission as a participant to the interior land tribunal so informal we may be unincorporated we may be but nonetheless we're pretty organized.

20:51And we were complimented by the chair of the tribunal at the 12 minute hearing that did take place that we had submitted a very thorough submission in his view.

21:01And so we're accepted as a participant.

21:04Thank you. I think that's important to hear for the record. Thank you.

21:08Any any other comments or questions from committee members.

21:15Okay, well thanks very much for your submission.

21:20And thanks very much. I just enjoyed seeing the process updated.

21:2532 years later. Okay, thank you. Thank you.

21:28I'd I'd now like to ask if the applicant has any comments they wish to make in response to the delegation. Okay, thank you.

21:51So at this time I'd like to ask the committee members if they would like to make a motion with respect to this application and if so please raise your hand.

22:02Member Smith.

22:05Chair I'd like to move acceptance with the listed conditions of this application.

22:13And seconded by, by member good fellow. Thank you.

22:18Any discussion on the motion. Member Smith.

22:22Chair, I was in support of this when I initially read and took a look at the building and thought it met the four tests and then we got Mr. Heyhurst's note which made me

22:40think maybe of reconsidering that but having heard from the from the representative of this application that they have reached out to those individuals who are resident that and making a new accommodation available.

23:01I fully support this and we'll be voting for my motion.

23:06Thanks very much. Any discussion on the motion from member Smith.

23:13Member Spears through your chair to member Smith. Do we want to do you want to change it so that it includes the August 9 start date.

23:22Good catch. Yes. Chair, if we can amend the motion to start August 1.

23:31Okay.

23:33Let's do that.

23:36If there's no further discussion, I would like to ask the secretary treasurer to conduct the vote on the motion.

23:46Thank you.

23:52Members please indicate your vote by responding in favor or opposed to the motion which is to approve the application with the two recommended conditions as well as a slight change to permit the university residents to be permitted for a maximum of three years from August 1st 2023.

24:11Vice chair chair.

24:13In favor.

24:15Member Klein.

24:17In favor.

24:19Member good fellow in favor.

24:22Member Pike.

24:23In favor.

24:25Member Smith.

24:26In favor.

24:27Member Spears.

24:28In favor.

24:30That's carry chair.

24:32Thanks very much.

24:34So applicant your application has been approved and you're free to leave the hearing if you wish. And thanks for coming.

24:46In terms of staff announcements, I've been in firm. I've been informed and confirmed with the secretary treasurer that we do not have any staff announcements.

24:55So at this time, I'd like to ask for member to, to move for adjournment of the meeting.

25:02Member good fellow.

25:04Seconded by member Klein.

25:07All those in favor raise hands.

25:10And we're adjourned. Thank you.