Committee of Adjustment
August 10, 2023 · 16,702 words of debate
The whole meeting, as text
Transcribed automatically from the City’s recording. Times run from the start of the recording, which begins before the meeting is called to order.
Read the full transcript (16,702 words)
3:39Good afternoon, Guelph. I'd like to call to order the August 10th, 2023 hearing of the Guelph Committee of Adjustment.
3:47This hearing is being held remotely due to Council Chamber renovations and is being live-streamed and recorded.
3:53Please be advised that public hearings form part of the public record, and the words, names, images of those participating will be recorded and posted online.
4:05I've confirmed with the Secretary-Treasurer that we have, Quorum, to proceed.
4:10And so before I outline the hearing format, if you wish to speak to an application that is listed on the agenda, and have not yet submitted a request in advance of the hearing,
4:21please call the number displayed on the screen now, which is 519-822-1260 extension 2524.
4:32That's 519-822-1260 extension 2524.
4:38And you will receive instructions on how to participate.
4:41A final call for delegations will be made when each application is called.
4:46The agenda for the hearing today has been posted online at guelph.ca forward slash cofa.
4:55I will remind committee members and members of staff participating in the hearing to please mute your microphones when not in use.
5:03Applicants will be unmuted when their application is called.
5:07I'd also like to share the hearing format we'll be using to navigate through each application today.
5:13Each application applicant 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.
5:23Afterwards, the applicant will be given an opportunity to add anything further to their application to a maximum of 10 minutes.
5:31If you are an applicant and have nothing further to add, you can simply say so.
5:36Commimity will then be able to ask questions of the applicant or staff.
5:41After that, we will hear from members of the public who wish to comment on the application.
5:46Please note that all comments should be addressed through myself, the chair.
5:51Please avoid repeating concerns already stated by others and focus on adding new information.
5:57All comments are limited to 10 minutes or less.
6:02Any members of the public who have submitted a request to speak prior to the hearing will be the first invited to provide comments.
6:09If you wish to speak to an application and have not yet submitted a request in advance of the hearing, please call the number displayed below on the screen now.
6:20Once all comments from the public have been heard, the applicant or staff will be given an opportunity to respond to comments.
6:27Finally, as the chair, I will turn to our committee members for emotion and deliberation, and we will vote on the application.
6:38When the committee is making a decision on an application, the chair will be asking the Secretary-Treasurer to conduct the vote by roll call.
6:46The Secretary-Treasurer will call each of the members' name, and each member will respond if they are in favor or opposed to the motion, and the chair will announce the results of the vote.
7:01If you wish to receive a copy of the decision of an application, including information about the appeals process, you must submit a written request.
7:12A written request can be made by contacting staff at the contact information shown on the screen now.
7:18To receive a copy of the decision, please email cofa at gulf.ca with your name and the file number you're interested in.
7:28Please note that owners and applicants automatically receive a copy of the decision.
7:33To get our meeting underway, I'm going to ask for Member Hamilton to please provide our First Nations acknowledgement. Member Hamilton.
7:45Member Hamilton, you're muted.
7:56Sorry about that.
7:58Thank you, Chair. As we gather, we are reminded that wealth is situated on the treaty land that is steeped in rich indigenous history and home to many First Nations native people today.
8:09As a city, we have a responsibility for the stewardship of the land in which we live and work.
8:14Today, we acknowledge the credit First Nation of the Anishinaabe peoples on whose traditional territory we are meeting. Thank you.
8:23Thank you, Member Hamilton.
8:28Committee members, are there any disclosures of the canary interest? If so, please raise your hand.
8:34Seeing none, I at this point need a member of the committee to move and second approval of the meeting.
8:51Our meeting note, excuse me. Member Hamilton and seconded by Member Goodfellow.
9:02All those in favor? That appears to carry.
9:12I've confirmed with the Secretary of Treasure that we've not received any deferral requests at this time. So at this point, I will turn it over to our Secretary of Treasure to announce the first application.
9:36Thank you, Chair. The first application is file A-47-23, variance to permit increased gross floor area of accessory use, pharmacy, to medical clinic use at 561 York Road.
9:54I'll also note for those attending, if you wish 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.
10:16Do we have the applicant present?
10:34Am I visible there? I apologize, I might not have it right, but I'm here, John Kong.
10:42Mr. Kong, I can hear you. I can't see you. I'm not sure if you wanted to.
10:48I'm trying to turn that on now. Okay, fair enough.
10:52Is that visible now? No, not yet.
10:55Not yet, but if you wanted to do this just by audio, that's acceptable as well.
11:02I think I might have no choice because I can't seem to get the video part of it on my screen here.
11:08That's fine. So first of May, I have your name for the record, please, and your relationship to the proposal.
11:17My name is John Kong, I'm a professional engineer and I'm the agent on behalf of the proposal.
11:23Thank you. And was the sign posted as per the Planning Act?
11:28Yes, it was. It was posted actually on the existing board that was up there available.
11:36The structure wasn't complete, so they didn't put it right in front of the door. They put it on the posting next to the building.
11:42Thank you for that.
11:45And I guess my first question is, have you read the staff's comments and do you have any comment about or are you in agreement with those?
11:55I've read the staff comments. I've had an opportunity to speak to them and I have no additional comments to add to what they have added onto theirs.
12:05Okay. And if you wish to address the committee, you have 10 minutes, so please proceed.
12:13Well, thank you for this opportunity to speak to the committee.
12:16Overall, this application is just for a minor variance in the sense that the existing zoning did not permit for a auxiliary, beyond an auxiliary use for a pharmacy.
12:28What our intentions were basically to build a pharmacy and a medical office together in a joint tenant.
12:35So this would complement each other's services and that's agreed upon in the zoning aspect as well.
12:42So, and we've got agreement from the building management as well as the developer that this is acceptable for them as well.
12:51That's about what I really have to say. I think the rest of it's on my application. Thank you.
12:57Thank you. And if you want to please stay on the line, perhaps members of the committee may have questions for you.
13:05But first, I'm going to see if there are any members of the community who wish to delegate.
13:13Secretary treasure. Do we have any delegations?
13:17Chair Smith, I can confirm we have no delegations.
13:20Thank you very much. And I'll turn to my colleagues to see if they have any questions.
13:26Committee members, do you have any questions of this delegate or applicants? Excuse me.
13:32See any questions at this point.
13:44I do have a couple of questions.
13:47First for staff.
13:49Staff. I'm not clear if retail is allowed under the current and the and the new zoning regulations.
13:59Can I have some advice on that?
14:04Mr. chair retail is permitted use, but pharmacy is not permitted use unless it is accessory to the.
14:10To the permitted medical clinic use.
14:14Okay, thank you. So, where this my question would be then if this was a freestanding pharmacy, it would have to come before the committee as a as a.
14:26An amendment was not a zoning amendment, but a minor variance.
14:34Through the chair. That's that's correct. It would have to come forward as a new permitted use rather than an extension of accessory UCS.
14:43Okay, thank you. And I'm curious.
14:48The staff's asset or agreement that at 50% that this is an accessory use.
14:55I'm not.
14:56I'm not really following a logic on that. I wonder if staff can comment.
15:01So, as outline in the staff report, the intention of the pharmacy is predominantly to serve the patients of the proposed.
15:13Medical clinic and for that reason, staff are satisfied that it is accessory in nature.
15:18And that would have no, no adverse impact compared to other permitted uses that are already permitted as a right on the property.
15:28I wonder if we can have the proposed floor plan brought up because I have a couple of specific questions about that. How it impacts this application.
15:59Actually, I was looking for the the actual floor plan as proposed, not the site plan.
16:06Awesome. Thank you very much.
16:25So.
16:28I, I recognize the layout as 50% for pharmacy and 50% for medical clinic.
16:38However, I noticed that there's a night grill between the two and that the doors to the, the doctor's office are closed are proposed to be closed.
16:47So that would tell me that.
16:50Entrance into the doctor's office would have to be through the pharmacy. So if.
16:57The pharmacy wanted to be closed and the doctor's office wanted to be open.
17:01There's no ability to do that. So I'm not sure that this.
17:06Qualifies as an accessory use given this let this proposed layer.
17:17Through the chair. I don't think they.
17:20That wouldn't really inhibit whether or not this would be an accessory used to the, to the proposed medical clinic.
17:26Medical clinic would only be operating when the pharmacy is operating. I would assume so that way.
17:31So that way.
17:33Patients of the clinic could then fill their prescriptions at the pharmacy.
17:37And I add my assumption. I'm sure the app can speak to this further. But my assumption is that is the rationale behind that behind the door orientation.
17:46Yes, just John Kong, the applicants.
17:49I agree with Eric. That was our intention. That's there is a door there at this time as part of the base building where we asked to have that door kept closed because exactly as we indicated.
18:00This would be used as a dispensary for the medical office as an application.
18:06Rather than having it as a separate.
18:09And to your separate business, my brain without the medical office open.
18:16I appreciate the answers, but the existence of a night grill.
18:20Someone undermines your point from my point of view.
18:24Furthermore.
18:27The universal washroom.
18:31Where the doctor's office to be closed and the with this grill.
18:37The doctor's office closed and the and the pharmacy open, then there's no ability to access the universal washroom. So I'm, I'm, I'm really a little hesitant to say that this is minor in nature.
18:50I wonder if there's any.
18:53Any comment on that observation.
18:56Oh, that's a good that's a valid point where you're saying that the barrier free washroom. This is John calling in.
19:05Is not accessible.
19:07If the grill is closed.
19:09What we put that grill there for 2 reasons. 1 is obviously separate the medical from the pharmacy.
19:14We, we obviously want to secure the dispensary of the pharmacy.
19:18For that reason, that's what we have. We thought would be best to close off the 2 spaces.
19:23If that is an issue from the perspective of being ancillary, I can tell the client we can remove that. And what we'll do is have to, we have to secure the pharmacy dispensary more.
19:34Because obviously that's the pharmaceutical act. We'll have to do that to make sure this dispensary is secured.
19:42Okay. Thank you. That's all my questions. Committee members. Are there any other questions of this applicant?
19:50Don't see any other questions from my colleagues. So at this point, I'll entertain a motion committee members. What is your pleasure?
20:10Member Hamilton.
20:18I'll move approval.
20:25Do we have a seconder?
20:32Member Spears.
20:33Thank you. Member Spears. Is there any discussion on the motion on the floor?
20:40Don't see any discussion. I'm just going to add that I can't support this as being minor in variance.
20:55And in it, to me, it's just not minor that there should be a.
21:02There should be another variance requested for a pharmacy use.
21:09And I don't see having this as 50 50 as being minor. So I won't be supporting this.
21:21Any other comments or question at this point?
21:31Don't see any. So I'm going to ask the secretary treasure to call.
21:36The vote.
21:39Thank you, chair committee members. Please indicate your vote by responding in favor or opposed to the motion, which is to approve the application.
21:47Chair Smith.
21:49Opposed.
21:51Member Klein.
21:55Member good fellow in favor.
21:58Member Hamilton.
22:02And member Spears.
22:04In favor.
22:06That's carried chair.
22:07Has been approved. You're free to leave the meeting if you wish.
22:15Thank you, chair. And thank you members of the.
22:19Community adjustment.
22:21Welcome.
22:23Madam secretary treasure. May we have the next applicant please.
22:40The next application is file a dash 48 slash 23 variance to permit reduced rear yard setback for proposed rear yard addition.
22:48Sunroom to existing residential dwelling at to Amsterdam crescent.
22:53I'll also note for those watching online.
22:55If you wish to speak to this application, you can do so by calling the number displayed on the screen. That number is 519.
23:028221260 extension 2524. And when you call in staff will give you instructions and how to delegate remotely.
23:13Is the applicant present in our virtual hearing.
23:18Yes, I am on the phone. My name is Sean Swatsky.
23:22I'm the agent for Mr. Mrs. Porter at to Amsterdam.
23:28Thank you, Mr. Swatsky and was the sign posted as per the planning act.
23:34Yes, sir, it was.
23:36And have you read the comments from city staff and are you in agreement?
23:41Yes, we have read them and we are in agreement.
23:44Thank you. Now, do you have 10 minutes to address the committee if you require that.
23:51Great. That's great. I won't take all the 10 minutes.
23:55Just this is a an unheated center addition to the rear of a residential home.
24:01And we're looking for less than a meter leeway here with the bylaw.
24:08We've also taken a moment to reach out to the immediate neighbors that would that would be have any impact and we had them review it and they signed a letter and sent that in so they are in support of the application.
24:24Other than that, I think it's a pretty straightforward.
24:27Yeah, request and I'm welcome to take any questions that the council has.
24:36Thank you. If you want to wait, wait right there.
24:39We'll first ask if there's any members of the public. Any delegates who would like to speak to this application secretary treasurer.
24:49Chair Smith, I can confirm no delegation requests have been received.
24:54Thank you. And I'll ask the applicant if he can stand by to see if there are any questions from my colleagues members of the committee. Do you have any questions for this applicant seeing none.
25:14I will entertain the committee's will and entertain a motion. Do we have a motion on the floor.
25:21Member Goodfellow.
25:30I move to approve.
25:32Thank you. And do we have a seconder.
25:36Member Spears.
25:40That's great. Do we have any comment.
25:47Our discussion on the motion before us seeing none. I will turn it over to our secretary treasurer to do the vote.
26:01Thank you, chair committee members. Please indicate your vote by responding in favor or opposed to the motion, which is to approve the application chair Smith.
26:10In favor.
26:12Member Klein.
26:15Member Goodfellow.
26:17In favor.
26:19Member Hamilton.
26:23And member Spears.
26:25In favor.
26:29That's carried chair.
26:31Your application has been approved. You're free to leave the meeting if you wish to.
26:36Thank you so much. I appreciate it. And I really like this format. It's very convenient. Appreciate it.
26:42Thank you very much. I'm not going to go into the next two on this end, but you're welcome.
26:52Thank you.
26:54At this point, I will turn it over to the secretary treasurer for our next application, please.
27:02The next application is file a dash 49 slash 23 variance to permit commercial school Pilates studio as an additional use within the existing commercial building and 10 Samuel drive.
27:14I will make sure the comment deadline from rehab also rawi Mahoud.
27:20.
27:30Meijeta with concerns about the application and that correspondents has been circulated to the committee members as well as.
27:42call in staff will give you instructions on how you can delegate remotely.
27:49Thank you, Madam Secretary Treasurer. And do we have the applicant online?
28:03There we go. Yes, we're online.
28:05Awesome. Welcome. Can you state your name and your relationship to the application, please?
28:12Sure. My name's Karen Mayfield and I'm the owner of Club Pilates.
28:17And my name's Julia Chukutin and I am also owner of Club Pilates, where 50-50 and mother daughter.
28:26Welcome. You have indicated that you're the applicant, so I'll proceed and ask you if the
28:35sign was posted as per the Planning Act. Correct. We did two signs and we took a photo
28:41and we sent it to the CFA. Thank you. And if you have read staff's comments, are you in agreement?
28:51Yes, we've read the staff comments and we're in agreement. And we've also read the three
28:58letters from the public and noted at the public they didn't want that specific use.
29:07However, they did want fitness in their email, so I think it covers what they want.
29:15You have 10 minutes to make your application if you wish to take advantage of that.
29:20Thank you. So good afternoon, Chair Smith and members of the Committee of Adjustment,
29:26and happy Thursday to everyone. We would like to start off by thanking the City of Guelph staff
29:33for all of their help navigating this process. They have been absolutely incredible and very
29:41responsive to us. We would also like to do a special shout out to Bill Bond. He's the Economic
29:47Development Officer and he really truly is the voice of local business, so thank you.
29:53We are here today to also thank you for the consideration and hopefully approval for the
29:59establishment of a commercial school at 10 Samuel's Drive for Pilates. We really want to focus on
30:07health and wellness and I want to speak about the benefits for people like me, older adults,
30:13as one of the primary demographics. Our vision is to create a safe and inclusive and an accessible
30:22space that promotes the physical and mental well-being of our community. For the members of
30:29the Committee that may not be familiar with Pilates, Pilates is a low impact exercise method
30:37that aims to strengthen our bodies, our core muscles, and improve our flexibility and enhance
30:44our overall balance and coordination. As our population ages, the significance of the health
30:52and wellness for older adults becomes increasingly evident. Regular physical activity like Pilates
31:00can significantly improve their quality of life, their mobility, and their independence. As I'm
31:07reaching 60, I know that the positive impact of exercise also on our mental health, cognitive
31:16function, and preventing age-related health issues cannot be underestimated and I'd like to pass it
31:24on to my daughter. Hi everyone, as I said my name is Julia and my focus specifically in my passion
31:32for Pilates is on health and wellness for younger adults, particularly targeting young
31:37professionals and university students. Our vision is to create a vibrant space that promotes physical
31:43well-being, mental health, and overall balance to our younger community members. In today's fast
31:49peace world, young professionals and university students often find themselves grappling with
31:54stress, anxiety, and pressure to perform their best. The importance of health and wellness cannot be
32:00overstated as it directly affects their productivity, performance, and just overall quality of life.
32:08Our Pilates school will be a safe, inclusive, and welcoming space for individuals of all
32:13backgrounds and of all abilities. We're committed to fostering a diverse community where everyone
32:19feels supported and encouraged to pursue their wellness goals. In addition to regular Pilates
32:24classes, we'll organize free MAT classes for businesses within Guelph providing a 10% corporate
32:30discount along with a hero's discount for police, fire, and healthcare workers recognizing their
32:37contributions to their communities. We'll be creating two free memberships for two university
32:42students as well. We aim to create a supportive community where we all can share experiences,
32:47learn from one another, and grow together. In conclusion, our proposal for a commercial school
32:53for Pilates focusing on health, wellness, and fitness, all bodies holds tremendous potential
33:00to make a positive impact on the lives of everyone. By providing a space of physical exercise,
33:06mindfulness, and community engagement, we strive to promote not only physical health,
33:11but also mental health and well-being. Is there any questions? Thank you. That was very well done.
33:21Appreciate it. At this point, we'll see if there are any members of the public who would
33:27like to delegate on your application. So if you could stand by.
33:33Secretary Treasurer, do we have any delegations?
33:37Chair Smith, I can confirm no delegation requests.
33:41Okay. If you want to wait right there, I'll see if any of my colleagues on the Committee of Adjustment
33:47have any questions for you. Committee members, do you have any questions for this delegation?
33:52Applications, excuse me. I do not see any hands. One. I just second.
34:08This is a member good fellow. Sorry, go ahead. Member good fellow.
34:11Yeah, it's all good. I do have a question through the chair to the applicant. I did note that
34:18my interpretation of the application is that there will only be instructor led classes and that
34:24there would be no opportunity for members to use the equipment without participating in a class,
34:30but I wanted to confirm that I'm understanding that correctly.
34:33Correct. So our instructors have to have over 500 hours of training and it is a worldwide
34:41degree that they will have and there will be a maximum of 12 people and it will be instructor led.
34:52And perhaps a follow up question then through the chair to the applicant, but I found the use
34:59of the word school interesting and I just again would like some clarification perhaps that this
35:07is not about training instructors to then become instructors or community members to
35:13then become instructors. This is a school for the public, not for those who may be pursuing
35:21an instructor and instructors license in Pilates. Yes. So that was what was recommended to us
35:29as far as putting this application in. So we will have the opportunity two times a year to have a
35:39master trainer in there too if people want to learn to be a Pilates instructor, but that will
35:45only be two times a year with probably a four to six week only on weekends that we will be training
35:57but potential trainers. Does that make sense? It does and thank you for the clarification that
36:03was very helpful. Thank you. Committee members any other questions for this applicant? Seeing none,
36:16I will go into committee and ask my colleagues for a motion on the floor.
36:30Member Hamilton. I'll move approval on that one. Do I have a seconder? Member Klein.
36:40Do we have any discussion on the motion in front of us? Members please indicate your vote by
37:03responding in favor or opposed to the motion which is to approve the application. Chair Smith. In favor.
37:10Member Klein. In favor. Member Goodfellow. Member Hamilton. In favor. And Member Spears.
37:23That's carried, Chair. Thank you, Madam Secretary Treasurer. Your application has been approved
37:30and you're free to leave the meeting if you wish. Everybody for your time, we really appreciate it.
37:36Thank you. You're welcome. Madam Secretary Treasurer may we have the next application?
37:50The next applications are files b-11 slash 23 a-50 slash 23 and a-51 slash 23 consent to
37:59create one new residential lot with one retained residential lot and related variances to permit
38:05reduced lot frontage and lot area for the proposed severed and retained lots at 239
38:10Kathleen Street. For those that are watching and wish to speak to this application, you can do so
38:15by calling the number displayed on the screen. That number is 519-822-1260 extension 2524. And
38:24when you call in staff will give you instructions on how you can delegate remotely by phone.
38:31Thank you, Madam Secretary Treasurer. And do we have the applicant online? Welcome.
38:40Can you state your name and relationship to the application, please?
38:45My name is Amanda Davids. I am the owner of 239 Kathleen and the owner of the company that will
38:53be overseeing the project. This is my partner Daniel Mendelssohn, also owner and applicant.
39:01Thank you. And was the sign posted as per the planning act?
39:08It was. I did send a photograph to the committee of adjustments and was posted on the front lawn
39:14as requested. Thank you. And have you read staff's comments and are you in agreement?
39:21I have read them and yes we are in agreement and have plans in the works to satisfy all conditions.
39:28Great. So you have 10 minutes to address the committee if you'd like to take advantage of that.
39:34Perfect. Good afternoon, committee of adjustments, city staff and neighbors.
39:40Thank you for taking the time to hear our application.
39:44We have applied for the consent to sever 239 Kathleen Street with the intention of demolishing
39:50the existing house and replacing it with a single detached dwelling on the retained lot
39:57and creating a new single detached dwelling on the severed lot.
40:00just as you see in the picture here.
40:04I submitted these initial drawings to show that
40:08a reasonably sized house could be constructed on each plot.
40:13Each of these houses is approximately 1700 square feet
40:18of living space, three plus one bed, three plus one bath.
40:24And the idea was to show that we could do this
40:28without violating any zoning parameters.
40:32City staff corroborated that we had done that.
40:35And in fact, we are well within the rear setback minimum
40:39so that the houses could have a larger backyard.
40:44Our proposal meets the provincial policy statement
40:47directing development towards intensification
40:51and diversity of housing in accessible areas
40:53to transit and walkable amenities.
40:57The new 2023 zoning bylaw that was recently passed
41:00by council also outlines the city of Guelph's direction
41:04for housing creation.
41:07The area referred to as old buildup area
41:09where 239 Kathleen is located
41:12allows for the reduced frontage to nine meters
41:15for detached dwellings.
41:17Reduced frontages are also permitted under this new bylaw
41:21to allow semi-detached homes, three town homes
41:25and a triplex all would comply with zoning
41:28and be legal uses for 239 Kathleen.
41:32We understand there are some points of concern
41:35and the city has highlighted some conditions.
41:38Regarding the tree protection plan,
41:41if you look at the drawings,
41:42so we actually took the time to design the buildings
41:48and the driveways so they're to the left of the property
41:52to meet the required distance from the city's Norway Maple.
41:57I've worked with the forestry department in the past
42:00and are happy to prepare a tree protection plan
42:02to the city satisfaction.
42:05The same goes with the engineering services.
42:08I am working with the city to create the required plans
42:12in order to create the severance
42:14and we'll prepare them to the city specifications.
42:20My partner Dan will take a minute to address
42:22some of the concerns that came up regarding the severance.
42:26Of the 23 residents notified,
42:28six people wrote letters with a range of concerns.
42:32I'll quickly address them from most to least common.
42:36So privacy was the most common theme.
42:40It's generally up to each property owner
42:43to create their own privacy,
42:44but for our immediate neighbors,
42:46of course we intend to add trees.
42:48Landscaping is a great way to address privacy concerns
42:52and we consistently add trees to every property
42:54we have ever worked on.
42:56It's just part of our business.
42:58Some people mentioned it's not appropriate
43:00for the neighborhood or it doesn't maintain the character.
43:03Well, the reason we're going to the effort
43:05of building detached homes here is specifically
43:07to maintain the character of this neighborhood.
43:10As Amanda mentioned,
43:11the new zoning bylaw removes exclusionary zoning
43:14and it would be under the new bylaw
43:16our right to build semis, townhouses,
43:18or a triplex on this lot.
43:21We carefully considered the escape of the neighborhood
43:23and we chose detached homes to keep the housing types
43:26as like as possible.
43:28There are already similar sized lots in the area.
43:31You can see them on the city's zoning map
43:33and you can see them by driving through the neighborhood.
43:37Safety was a concern that was brought up.
43:39These comments were relatively difficult to decipher.
43:43Mostly around traffic safety.
43:45Now I get nationwide, the number of cars increases
43:48at a rate of somewhere around 2% per year compounded.
43:52However, this is a walkable community
43:55and the idea of intensification
43:57is so that people can drive less.
43:59Rotaling densification in these areas
44:02surely would be counterproductive to these safety concerns.
44:07The height of our proposal was brought up.
44:11There's currently a two-story house on the property.
44:13There are larger houses in the area,
44:16including the three-story,
44:18100-year-old Victorian homes down the street.
44:22Architectural design, that was also brought up as a concern.
44:27Well, we haven't really proposed anything yet,
44:29but it's not our first project.
44:31And every home we've worked on
44:33is a reflection of our artistry and style.
44:36In this case, it's not gonna be a cheap build
44:38and it uses materials that go past the minimum standard
44:41with careful attention to being as environmentally
44:43friendly as possible.
44:48People brought up the concerns about vehicles and parking.
44:51The zoning bylaws for off-street parking address this
44:54and this project meets the criteria.
44:57People brought up potential rentals as a concern.
45:01As of right, any home in Ontario can be a rental.
45:03Several of our neighbors are renters.
45:06A lot of these letters refer to the developers.
45:11I wanna make it clear, we aren't a large company,
45:13we are normal people and we're part of this community.
45:16We have a vested interest in keeping this community great.
45:22Thanks, Dan.
45:23I'm just gonna finish here with a few broad points of note.
45:29The neighborhood, we got the original lot plan
45:34when we did our survey and the neighborhood
45:37had already been subdivided from this original plot plan,
45:42likely to address housing over time.
45:46In an expanding city, it's a natural process
45:49to subdivide larger lots to accommodate
45:52for an increased need in housing.
45:55As well, infill already developed lands
46:01is an important way to offsets for all into protected lands.
46:05I know that the green belt and the conservation lands
46:08are on everybody's mind right now.
46:10And we want our leaders to advocate for its preservation
46:13and I'm very much for this.
46:15Infill is the way to do it, give them the numbers
46:18and then the conversation stops
46:20about sprawl into green protected lands.
46:25Lastly, we know this is a new bylaw
46:28and our project is likely one of the first to implement
46:33its particulars and we designed it to fit the neighborhood
46:40with the spirit of the new bylaw.
46:42We understand it might take our neighbors back a little
46:44to see it enacted, but this process doesn't need
46:47to be adversarial.
46:48As we said, we're small developers, we're accessible.
46:51We began this process discussing with neighbors
46:54and we are still open for discussion.
46:58I'll just end by saying at the end of the day,
47:00we create homes, people live their lives in these homes
47:03and Guelph is wonderfully inclusive.
47:06It would be great if we could add housing types
47:09and styles to the inclusivity as we go forward.
47:14Thank you very much.
47:15That's what we have to say.
47:18Thank you very much.
47:18You're still had two minutes left.
47:21So congratulations on getting so much packed
47:24into a short amount of time.
47:26I appreciate the brevity.
47:28I guess at this point, if you want to stay right there,
47:32there may be some delegations who wish
47:36to address your proposal.
47:40And I'm going to check with the secretary-treasurer
47:43to see if there are any delegates, secretary-treasurer.
47:47Chair Smith, we do have some delegates.
47:50The first delegates, the names are Sam and Magda
47:54and they are joining us via video.
47:59And do we have them?
48:02Are you there?
48:08I don't yet see them.
48:15Chair Smith, they have joined.
48:17They just need to turn on the video.
48:19Okay.
48:20I don't hear them yet either.
48:22So audio might also be an issue.
48:34Hi.
48:36Can you state your name please for the record?
48:39I'm just trying, are you hearing me?
48:42Because I'm not seeing my image up.
48:44This is Sam.
48:44I don't see you, but I do hear you.
48:48So you can proceed if you wish.
48:50Yeah, okay.
48:51Just with audio.
48:52That's fine.
48:53All right.
48:55Yeah, I live on the street near where the proposed development is.
48:58Can you state your name for the record please?
49:00Sorry, it's Sam Turton.
49:03And myself and my partner Magdalena Zarebek wrote a response
49:09and she's not able to be with me right now.
49:13Sam, you have 10 minutes to address this application.
49:16Sure.
49:17I don't want to repeat what I wrote,
49:19but the one thing I want to emphasize
49:21is regarding safety and danger.
49:23And I think what maybe the committee doesn't realize
49:28unless they live here or go on the street
49:32is it's an exceptionally narrow street at this point.
49:37It's something like seven meters.
49:39And one side has no sidewalk.
49:43The other side where I am has a sidewalk
49:47with just a curb and no boulevard.
49:49And it's already very unsafe.
49:52There are seven children with myself and my immediate neighbors.
49:57There's a bus that stops right in front of our house
50:00and there's kids that are in and out of there.
50:03And so the street is already dangerous.
50:06And it would take one wobble by a car
50:09to hit anyone on the sidewalk.
50:11There's a lot of child traffic walking to the park and victory school.
50:17And so I think it's already a problem.
50:20And to add possibly more cars and traffic, I think is a mistake.
50:26It's really the fact that you have a driveway with just a curb.
50:33When I mow my lawn, I have to step out onto the street every time.
50:39And I have to watch for cars once I almost got hit.
50:43The snow situation is terrible in that the plow covers the sidewalk.
50:48And then the sidewalk plow comes and throws it back in the street.
50:53And vice versa.
50:54So people are walking up and down the street.
50:58So having an extra house with an extra driveway, extra cars,
51:02I think is a mistake for this part of the block.
51:06And I think it's fairly serious.
51:09I think it has to be experienced to be seen.
51:12I don't know what could be done about it now.
51:14It is what it is.
51:15But I'm concerned that it would be worse,
51:17especially with congested parking situations, especially in winter.
51:22And I just want to emphasize that point and just leave it there.
51:29Thank you. You're well under your 10 minutes.
51:32If you want to wait right there and I'll see if any of my colleagues on the
51:36committee have any questions, committee members,
51:38do you have any questions with this delegate?
51:41Don't see any questions at this point.
51:52I do have one question. You mentioned a bus.
51:55Is that a city bus or is that a school bus?
52:00It's a school bus.
52:02And they have a stop. Essentially it's right in front of our house.
52:06And since the, these properties are kind of on a hill,
52:12they have a lot of people on the bus.
52:14So,
52:15you know,
52:16the sidewalk in front of us immediately rises.
52:20And so kids not only play a sit on that part of our yard,
52:25which we don't mind, but in snow and summer times,
52:28they slide down, roll down. It's really not a safe situation.
52:30For them.
52:32I get it. Thank you.
52:38Madam secretary,
52:46I know I'm in the middle of this with any more questions.
52:49So I want to thank you very much for attending virtually.
52:52And you're free to stay tuned.
52:55But we're,
52:56I think we have additional, yes,
52:59we do have an additional delegate.
53:01Madam secretary treasure.
53:02Can you call on the next delegation?
53:04and that individual be joining us via video as well.
53:11Do we have Quinten there?
53:15You see his, I see Quinten's name popping up,
53:19but I don't see him.
53:23Do you hear me?
53:24I can hear you indeed.
53:26There you are.
53:27We can see him too.
53:27I do know on my end.
53:28Oh, perfect.
53:29So you're one of a select few
53:33who's been able to connect their video
53:34for some reason today.
53:35So welcome.
53:36You have the opportunity to address the committee
53:40for 10 minutes,
53:41but if you can see your name for the record, please.
53:44Yes, my name is Quinten Selengel.
53:46I'm a local licensed realtor of 22 years in the Guelph area.
53:51This has been the community where I've raised my family
53:53and my three children as well.
53:55And I guess the perspective I wanted to bring
53:58to this conversation was being a real estate agent
54:01of that many years on the front line,
54:03dealing with the housing crisis
54:06and dealing with the fact
54:07that we have a limited number of homes available for people
54:11and families to be moving into.
54:14One of the priority conversations I wanted to share here today
54:17is in the last 24 hours alone,
54:19I've had two conversations with people
54:23I've known my entire career,
54:24some of my first clients
54:26who are second and third generation Guelphites.
54:29And the conversations are,
54:31we can't afford to stay in the city any longer,
54:34or we have to move,
54:35we have to find a more affordable place to get to.
54:38So it's a painful experience to be losing those friends
54:42and those clients that you've raised your families with.
54:46And when these opportunities arise,
54:48and I think infill is one of those opportunities
54:50that's going to allow us to deal and start to address
54:54and actually have a meaningful impact
54:55on the housing supply issue
54:57that we're dealing with in this city.
54:58So that families who have raised their children here
55:02would like to stay in the area,
55:03would like to be near to their grandkids and their friends
55:05and the relationships that they've built,
55:07that the fear associated with infill and with change
55:13will have to be something we have to be brave with
55:15and attempt to overcome in the greater interest
55:18of this community as a whole.
55:22I've got a, I can go on for a long time about stats
55:25and data, I won't use by 10 minutes,
55:27but I've got over a list of over a thousand names of buyers,
55:31anyone looking for a home,
55:33a starter home, a first time home and up to,
55:37and to life homes and properties.
55:39And we can't, there's just nothing available.
55:42I've got three kids moving into this neighborhood.
55:45They won't be moving into Guelph.
55:47We can't, they won't be able to afford the city
55:49as a, from a rental perspective
55:51or from a purchase perspective.
55:53They'll have to stay at home a little bit longer,
55:55maybe from mom and dad.
55:56We might try to get them to share the grocery bill,
55:58but these are real challenges.
56:01And it's my belief as a real estate agent
56:03that by taking advantage and using existing infrastructure
56:08and fitting more people into these existing spaces,
56:11we'll be able to have a positive impact on the affordability
56:15and the community as a whole.
56:20That's all I've got to share.
56:23Thank you very much.
56:25And I'm wondering if any of my colleagues
56:30have any questions for you, committee members,
56:32do you have any questions of this delegation?
56:39Seeing none, I want to thank you for your perspective
56:43and you're free to listen along,
56:46but I believe we have additional delegations.
56:50So thank you very much for your participation.
56:53Thank you.
56:54Madam Secretary Treasurer, do we have another delegation?
56:59Yes, Chair Smith, we do have another delegate.
57:01The name is Heather Snyder.
57:06Is Heather Snyder available to us?
57:19Chair Smith, if you just give us a few moments,
57:21we're bringing Heather in via phone.
57:24Awesome, thank you.
57:50Heather Snyder, are you able to hear us and address us?
57:56Thank you, I can hear you.
57:57We can hear you, that's great.
57:59Can you state your name for the record, please?
58:02Heather Snyder.
58:04Welcome, you have 10 minutes to address the committee.
58:10Thank you.
58:23Are you still there, Ms. Snyder?
58:32I'm not sure.
58:33Hi, can you hear me now?
58:35We've hear you now, please go ahead.
58:37Okay, thank you.
58:40Can you still hear me?
58:42Sorry.
58:44We can indeed, yes, please go ahead.
58:47Okay.
58:48Hi, I'm speaking on behalf of myself and my husband.
58:52We did submit a letter as well.
58:54And we didn't have all the details at the time
58:57that have been since provided around
58:59whether it would be multi-unit dwelling
59:04or single unit dwellings.
59:07So we have seen that new information, our concerns.
59:12We just want to reiterate our around safety.
59:15The additional cars and the additional driveway
59:18on such a narrow small part of this block of Kathleen
59:23really concern us for our children and all the children
59:26in the community who walks with schools,
59:28who use the school path.
59:30And for everyone who's just walking with strollers, et cetera,
59:33and pets through that, our narrow block.
59:36It's already highly contested
59:38and it's already tricky with the driveways
59:41and the grade of our street on one side,
59:44the side we're on, it goes up quite deeply.
59:47And a lot of cars like cars have slid down
59:50off the driveways into the street, et cetera,
59:52during the winter.
59:55Our main concern is around safety
59:57with additional cars and driveways.
1:00:01We fully support, you know, looking for solutions
1:00:05around additional housing.
1:00:08We're wondering if this particular block
1:00:12would be a solution to it's really not.
1:00:16So that's just our safety piece.
1:00:26Thank you.
1:00:26You clipped out there a little bit.
1:00:28Is that, have you basically summed up your points?
1:00:33I mean, I did.
1:00:34Is there anything you'd like me to repeat?
1:00:37No, it just sort of drifted off.
1:00:40So I just wanted to make sure.
1:00:41Oh, no.
1:00:42We didn't lose the connection.
1:00:44So thank you if you want to.
1:00:46So with just our point was around the safety, yeah.
1:00:50Okay. If you can wait right there.
1:00:52And I will ask committee members
1:00:54if they have any questions for you.
1:00:56So please stand by committee members.
1:00:58Do you have any questions of this delegate?
1:01:06Don't see any.
1:01:07Thank you very much for taking the time
1:01:09to address us and your concerns.
1:01:11And you can follow along, but we will move on
1:01:16with our business.
1:01:18Madam secretary treasurer, do we have any other delegates?
1:01:22Chair Smith, I can confirm no other delegates.
1:01:26Okay. Given the number of letters that we've had
1:01:30and the number of delegates and the nature of this format,
1:01:36I'm going to ask again,
1:01:38if there's any members of the public
1:01:40who would like to delegate on this particular issue.
1:01:47Have we heard anything else from that request?
1:01:52I don't think so.
1:01:55So at this point, sorry.
1:01:59I'm hearing a voice.
1:02:01Oh, chair Smith,
1:02:02I was just going to confirm no other calls have been received.
1:02:05Okay. So it's not my normal hearing voices
1:02:07that has caused that hiccup.
1:02:12At this point, I will go back to the applicant
1:02:15and give them an opportunity to address some of the condition
1:02:20comments that have been raised by the neighbors.
1:02:23If the delegate, if the applicant is still there.
1:02:29Hello. Hi there.
1:02:31Can you hear us? Hello. Yes, we can.
1:02:33You've had an opportunity to hear some of the comments
1:02:36from one supporter and a couple who have some concerns
1:02:42if you'd like to address those.
1:02:44Sure.
1:02:47I tried to keep it brief in what I was saying earlier
1:02:50because I mean, safety is hard to address in this way.
1:02:57So what I'm getting is, and I totally understand,
1:03:00I totally share these people's concerns.
1:03:02Guelph is full of hills.
1:03:04Winter can be a bit of a nightmare.
1:03:08And there's a public park and there's a school in the area.
1:03:12I'm not sure how I,
1:03:13I'm not sure I see how one more house on the street,
1:03:17perpendicular to the streets that these two residents are
1:03:21from kind of really affects that.
1:03:25In particular, if it's kind of like dangerous to have your
1:03:28kids playing on the hill in the snow,
1:03:31you don't let them.
1:03:34We are all for speed bumps on the street.
1:03:38This is something we've noticed now it might be addressed
1:03:40that the road has just been repaved.
1:03:44Further south, there are speed bumps on our block here.
1:03:49There aren't.
1:03:50So if any neighbors wanted to get, get together
1:03:53and plan a petition to get speed bumps,
1:03:56if they aren't already being planned to be put in,
1:03:58we will happily support that and sign that petition.
1:04:02As for anything else, I mean, someone mentioned snow clearing.
1:04:07We're taking some street parking
1:04:10and putting it on private property.
1:04:13If anything, it should make snow clearing easier.
1:04:16One of these neighbors mentioned a car that slid
1:04:20from a driveway.
1:04:22Our driveways won't be facing downhill.
1:04:26So I don't see how that's possible beyond that.
1:04:29I mean, if anyone has like a specific question.
1:04:33I think regarding traffic safety,
1:04:37you know, we mentioned the the infill is intended
1:04:41to reduce the number of cars.
1:04:43And this this point needs to be really appreciated
1:04:46because we did drive by and look at the neighbors driveways.
1:04:50As we saw this comment, most of them have six car driveways
1:04:54that are completely occupied.
1:04:55So the intention of reducing the number of cars with the infill
1:05:00I think is one of the broader ways to achieve safety
1:05:03as well as addressing concerns about traffic throttling
1:05:08such as speed bumps, redirection of bus routes, etc.
1:05:12with the city itself, if there's a particular concern.
1:05:15Again, it it it's not really something
1:05:19that one property owner can address.
1:05:22This is not for like it.
1:05:24We can't give you the silver bullet.
1:05:25We don't have it.
1:05:28But we have created sufficient off street parking
1:05:30to remove some of the issue with the on street parking
1:05:34that some of the neighbors have addressed.
1:05:40Thank you. Quite concise.
1:05:41If you want to wait right there.
1:05:44Some of the committee may have some questions for you.
1:05:48Committee members, do you have any questions of the applicant
1:05:51seeing any questions at this point?
1:06:01Give me a moment to scroll through.
1:06:04I don't see any questions.
1:06:06I have a couple of questions.
1:06:12First for staff, staff in listening to the applicant,
1:06:19they said that by right on this lot without a severance,
1:06:23they would be able to build a triplex.
1:06:26Is that your understanding of the zoning bylaw?
1:06:33A triplex and a semi aren't permitted in the 1995 zoning bylaw.
1:06:37But in the 2023 zoning bylaw that was approved April of this year,
1:06:41those uses would be permitted as a right.
1:06:44So once the current appeals for that bylaw are dealt with
1:06:48and that bylaw is in effect, then yes,
1:06:50they would be able to build a triplex or semi or 10 houses on that lot.
1:06:55OK, thank you.
1:06:56And I guess the other question for staff is in terms of building height.
1:07:03My understanding with the new zoning bylaw,
1:07:06is it two or three stories that would be permitted?
1:07:12The chair, my understanding is that it is two stories that would be permitted.
1:07:16The definition of a story is where you get a little bit interesting on this lot
1:07:20because it is a sloped lot.
1:07:23But I have already been discussing this with the applicant
1:07:25and they've come up with a proposal or a design that meets that height requirement
1:07:30and wouldn't require any height related variances.
1:07:35OK, my my other question is
1:07:43given there are a lot of, I would say,
1:07:47the majority of homes that are on this street are single or story in half.
1:07:53There are some two stories.
1:07:55There's a recent bill quite close by that is a two story.
1:08:00But is this considered in keeping with the neighborhood?
1:08:07By I know this is not a proposal for it's just a
1:08:14concept design that could be accommodated on two lots.
1:08:18But I'm just wondering if the neighborhood is represented
1:08:25by mostly story story in half homes of putting a two story two two stories
1:08:30on this would would really count as being
1:08:39in keeping with the neighborhood, excuse me.
1:08:43Three Mr. Chair, first of all, I'd like to clarify something
1:08:46misinterpretation that I did have.
1:08:48So some of my colleagues have corrected me.
1:08:50It is three stories that is permitted on this property as a right.
1:08:57Other than that, I think it's it's outlined in the staff report that
1:09:01a proposal being compatible with the neighborhood doesn't necessarily mean
1:09:03that it is identical to it's simply that it doesn't necessarily have
1:09:08a particularly adverse impact on on the surrounding community.
1:09:12Considering there is no variance requested for for height,
1:09:17staff don't have any particular concerns with the height of the proposal,
1:09:21considering that they could could build a larger single detached structure
1:09:25of the same height without needing any variances or severances.
1:09:30I guess my my other concern is given the aggressive nature of of the
1:09:36the topography of this particular site
1:09:40where the current house is is probably a couple of the floor is probably
1:09:45a couple of inches below the street level and the lot drops off quite dramatically.
1:09:50An infill in this in this condition could potentially it seems to me without
1:10:00doing a survey, it seems to me that the ridge line of the adjacent house behind it
1:10:06is somewhere in the basement walkout area.
1:10:10In terms of the overall landscape height.
1:10:13So potentially this could be four or five stories
1:10:20above the adjacent home is the staff have any concerns about that.
1:10:27Yeah, to the chair height is measured by average grade.
1:10:31So around the building,
1:10:34each side from the midpoint is calculated for the average grade there.
1:10:38So
1:10:42by the way, what you're saying is that
1:10:45average grade is actually down more so would limit from the street side actually how high it could go.
1:10:52Possibly.
1:10:54I haven't seen a grading plan depends how they do it, but it's average grade taken from around the building, not just the front of the house from the street.
1:11:04Right, I take your point.
1:11:07However, I notice on the on the concept sketch that the the street level essentially is carried out
1:11:15quite a ways back.
1:11:17I mean, it's based on setbacks, etc.
1:11:21And it would it would mean that
1:11:25that average grade would start at the street level and then
1:11:28potentially has has in
1:11:32in my opinion has the potential to loom quite dramatically over the adjacent adjacent houses.
1:11:37What I'm struggling with is whether or not this is
1:11:41in keeping with the neighborhood and it's it's minor in in in nature compared to the adjacencies.
1:11:49So if you can help me with that, I really appreciate it.
1:11:52To the chair, I am also having a hard time commenting on that, but also you said it would be taken from the street line.
1:12:03The height would be from the very front of the house, not touching the house, not.
1:12:10The sidewalk or street level.
1:12:13So if it's down a hill.
1:12:16May I touch your question, please, Mr. Chair?
1:12:21As I did a lot of the nitty gritty research, I think I get the gist of your question.
1:12:27So the actual start of the measurement of the grave will be halfway down the basement.
1:12:33So technically speaking, I we cannot build higher than two stories from that level, unless I lower the basement further.
1:12:44If you understand my what I'm trying to discuss, I'm going to go back to the
1:12:49if you understand my what I'm trying to describe here, which is very similar to the house.
1:12:55It new house two doors down is what they had done.
1:12:58It's two stories from what would have been the average grade.
1:13:03So it's sort of halfway.
1:13:04If you see the slope, it's sort of halfway down the slope is where you begin not at the not at the street level.
1:13:11So if I raise the basement, the maximum still is only three stories from the front of the house.
1:13:20So answer your question.
1:13:22Thank you. Yes, that's very helpful.
1:13:25And I had one more point.
1:13:29Excuse me, one second.
1:13:35Oh, this is for staff.
1:13:37And it's given that most of the lots that are two story.
1:13:45The houses and again, these are older houses, so it's a little bit hard to comment on.
1:13:51But given the intent of the zoning bylaw is to include smaller to encourage smaller lots is to include smaller homes.
1:14:02And in order for these homes to succeed in being.
1:14:08An acceptable living space, they have to be quite a bit larger.
1:14:12And two stories seem to be that I'd like staff to comment on whether or not.
1:14:19That is really part of the intent of the zoning bylaw to allow this small a lot to be to be developed this intently.
1:14:34Through the chair, I think as there is no variance to the height staff don't really have any concern to the height of the proposed structure.
1:14:43Regardless of the lot size, what staff is more concerned about what it was the proposed setbacks on the lot.
1:14:50And that the.
1:14:53Applicant could build an adequately sized dwelling on the lot without requiring reductions to any of the required setbacks as that could impact impact privacy privacy more adversely.
1:15:05And as they have demonstrated that they're capable of providing an adequately sized dwelling while maintaining all those required setbacks and maintaining the.
1:15:15Within the height maximums of the zoning bylaw and maintaining the required parking off street parking staff have no concerns with with the proposed lot size.
1:15:29Thank you. That's that's helpful. Committee members. I see member good fellow has a question.
1:15:36I do and and through the chair to city staff I.
1:15:40I have been thinking to has been looking at the drawings in the layout of the site about stormwater issues I see that there is a condition where the stormwater a stormwater management plan will be required.
1:15:53I was wondering though if city staff could comment on where the stormwater will
1:16:01Collect just mostly because of the topography of the site, but also the orientation of the other properties and the houses, you know, we are going to lose a fair bit of
1:16:14Permiable area.
1:16:17That would otherwise be allowing stormwater to infiltrate on the site. And so with the topography and that loss of permeable area, I guess it was wondering if staff could comment on where they anticipate stormwater will end up and whether or not
1:16:34They have any concerns about that.
1:16:36Through you chair chiffon. How are you
1:16:40We don't really have a concern because there are multiple ways you can address stormwater.
1:16:46For example, as part of the stormwater management plan that they're going to be preparing as a state in our condition. You will be required to maybe add soak way pit.
1:16:56Meaning that anything that is pretty opposed. That is what they will have to control. So all of their pre development flows will be controlled to the post development.
1:17:06And we've done that in numerous other severance applications where we have these type of scenarios and we ask the applicants or the developers to add in soakway pits and that kind of
1:17:16Elevates any additional flow that may enter into the city sewer. There is a storm sewer located not directly along the frontage of the two properties, but we do have a storm sewer located on Kathleen Street.
1:17:34Okay, and thank you for that clarification. That is helpful. And I think where I'm coming from with this question is even with having a soakway pit located at the on the side or on the property.
1:17:50With the reduction in the size of the lot because that is the second variance we're being asked to approve tonight.
1:17:58We are losing some of the available area for a soakway pit like that. And so again, just wanting to hear from staff whether or not that reduced
1:18:09Land area for something like this specifically in an area with this topography where there will be stormwater challenges is a concern.
1:18:19When I reviewed the application, depend because we haven't seen the stormwater management report. It's hard to answer that question.
1:18:28But at the same time, you can design the soakway pits to control a lot of volume and that's that's a design mechanism. And that is usually looked at when the applicant will submit their stormwater management report.
1:18:42Like we can increase the volume of soakway pits when we design them and we can have certain void ratios to allow for more water to be controlled on site.
1:18:54Okay, okay, great. And thank you again through the chair to staff. I appreciate the
1:19:00The clarifications because I guess I am just concerned about the impacts to neighbors and their basements.
1:19:06If there just isn't enough space for an appropriately sized soakway pit, but I understand the clarification you've provided. So I appreciate that. Thank you.
1:19:15Sorry, I muted talking to myself. I'm afraid. Thank you, member. Good fellow. And are there any other committee members who wish to ask questions of this applicant or of staff?
1:19:36Seeing none.
1:19:38I would like to at this point
1:19:47Ask committee for a motion. What is your feeling committee members?
1:20:00approve this application.
1:20:02And that was member Spears.
1:20:05And do we have a seconder?
1:20:13Sorry, I don't see a seconder as of yet.
1:20:16Oh, there were a member Klein seconded by member Klein.
1:20:21All right, committee members. Do we have any discussion on this?
1:20:26Member Hamilton.
1:20:34Yes, I'll just speak quickly. I won't be supporting the motion for following reason inside.
1:20:39Don't see the lot size reduction to be minor in nature. It's taking the label to third of what the lot space would be required.
1:20:46And I think that law is loss of soft landscaping in this area is significant.
1:20:51To I have been down down Kathleen a few times lately on the road experience there for me. This is not a suitable area for intensification.
1:20:59I see intensification is the opportunity should be on wider streets where there's an opportunity for active transportation and true walkability. I don't see that here.
1:21:09I've conveniently the realtor came on and spoke.
1:21:15Well, you know, he mentioned affordability. The affordability argument to me doesn't hold the water here.
1:21:20If you're talking about affordable or attainable housing is the provincial direction is to find them. That's more higher density housing for ownership or additional residential units for rental.
1:21:32Not certainly not another single detached home.
1:21:36And again, I think the biggest issue I have in terms of the consent is the, this is just not an appropriate street, I think for intensification. So those are my reasons for not supporting. Thank you.
1:21:45Thank you. Member Hamilton. Any other discussion on the agenda on the emotion.
1:21:57Sorry, as I double check to make sure. Oh, yes. Member Goodfellow.
1:22:03Yes. I will also not be supporting this application.
1:22:09I think there are many of the same reasons that member Hamilton just identified, but I think there I continue to have concerns about the intensification in a location like this where we have the topography concerns where we are losing a lot of area for infiltration of storm water.
1:22:29I guess I just have some concerns about how that will be managed. And, you know, that loss of the lot size being 30% also troubles me. So for that reason, I will not be supporting the motion.
1:22:45Thank you, Member Goodfellow. Are there any other comments?
1:22:52I want to.
1:22:55Sorry, go ahead.
1:22:56Member Spears here. Yeah, go ahead. Please. Member Spears.
1:23:00I will be supporting this. Having driven around the neighborhood in general, I think that this is a neighborhood that's, that's in transition. I see quite a number of infills and new builds and in the general vicinity. And I think
1:23:15it's happening and it's a good thing for downtown and I would support this just for those reasons.
1:23:23Thank you, Member Spears. Do we have any other comments?
1:23:34I am not, I've been struggling with this one. Given the, given the topography, my inclination is not to support it. We're in another location, even on this street. I might be willing to support it.
1:23:51However, is it reasonable and in the best interest of the community? The community has basically come out and said no.
1:24:02So that's one reason. And is it, is it really part of focused on the zoning bylaw here? Is it really going along with the intent of the zoning bylaw? And I don't believe it is because given
1:24:26the ability to build a house of any size or any use is going to have to be quite aggressive in this location and giving the topography. I think it's going to loom above the adjacent properties.
1:24:41And you know, to quote those zoning bylaw, smaller lots are encouraged to encourage smaller homes and these wouldn't be smaller homes. So for those reasons and some of the reasons that my colleagues have suggested, I won't be supporting this.
1:24:58And I'll give one last call if there's any other committee members who wish to opine, don't see any. So at this point, I will turn it over to Madam Secretary Treasurer to ask for a vote, please.
1:25:17Thank you, Chair. Committee members, please indicate your vote by responding in favor or opposed to the motion, which is to approve and this is for all three applications that we're calling for. So the consent application and the two related minor variance applications.
1:25:38So Chair Smith.
1:25:40Opposed.
1:25:42Member Klein.
1:25:43In favor.
1:25:45Member Goodfellow.
1:25:48Member Hamilton.
1:25:50Opposed.
1:25:52And member Spears.
1:25:56That doesn't carry chair. We'll be looking for another motion.
1:26:00Thank you. The motion has been defeated.
1:26:04And you're free to leave the meeting.
1:26:12Chair, Chair Smith. Oh, yes. Sorry. Go ahead.
1:26:15Sorry to interject there, but since that motion of approval didn't didn't carry, we'd be looking for a different motion there. So if it's the will of the committee to review that application, they can put that motion on the floor.
1:26:28Sorry, thank you for reminding me of the rules.
1:26:34Committee members.
1:26:38Can we have another motion?
1:26:40Member Hamilton.
1:26:46I'll move for refusal.
1:26:50We have a seconder member Goodfellow.
1:26:57Is there any comment on this motion?
1:27:02Any discussion? Don't see any at this point.
1:27:10Okay. Madam Secretary Treasurer can we call the vote.
1:27:15Committee chair committee members, please indicate your vote by responding in favor or opposed to the motion, which is to refuse the application subject to the reasons that the committee members have put forth.
1:27:27Chair Smith.
1:27:28In favor.
1:27:30Member Klein.
1:27:34Member Goodfellow.
1:27:35In favor.
1:27:37Member Hamilton.
1:27:38And member Spears.
1:27:42Opposed.
1:27:43That carries chair.
1:27:48Very treasurer that has.
1:27:52We have refused that application.
1:27:55And at this point, we can move on to the next.
1:27:59Topic on the agenda, Madam Secretary treasurer.
1:28:02The next application is file a 52 slash 23 variance to permit reduced exterior side yard setback for proposed addition to existing dwelling at 16 city view drives.
1:28:28South for those watching the remote hearing. If you wish to speak to this application, you can do so by calling the number displayed on the screen. That number is 5198 2212 60 extension to 524.
1:28:40And when you call in step will give you delegation instructions.
1:28:44Thank you. Is the applicant present?
1:28:47Yes, I am.
1:28:48Can you state your name? Welcome and state your name please for the record.
1:28:52My name is Justin Kelly. I'm with try to set a draft in your design. We are the agent for the property owner of 16 city.
1:28:58And was the sign posted as per the planning act?
1:29:03Yes, it was.
1:29:04Thank you.
1:29:06You have 10 minutes to address the committee.
1:29:09With your application.
1:29:11Sure. Yeah, we will be quick. We have read the comments. We will take the necessary steps to ensure that the comments are addressed.
1:29:18As for the as for the application, we're proposing a two story rear addition on to a single family drawing unit.
1:29:25Due to the unique lot that being a corner lot.
1:29:28We have.
1:29:30We then are proposing a reduction in the side yard setback.
1:29:36The required side yard setback being 4.5 meters.
1:29:39The proposed being 3.33 meters.
1:29:43Again, you know, if this was a standard lot and well, if we wouldn't have a problem here, but due to unique shape of the lot.
1:29:51The.
1:29:52Addition then although in line with the existing dwelling unit.
1:29:56Is extending into the exterior side yard setback. So.
1:30:02Again.
1:30:03The minor variance is to reduce the exterior side yard setback.
1:30:07Well, thank you. That was very concise and precise and I appreciate your Larkerty. And so at this point, I will ask if there are any members of the public who wished to comment.
1:30:24Chair Smith, I can confirm that we haven't received any calls.
1:30:28Thank you, Madam secretary treasurer and committee members. Do you have any questions for this applicant?
1:30:38Don't see any questions at this point.
1:30:42Do not. Okay.
1:30:48I guess what we need now is a motion on the floor committee members. Do I have a motion.
1:30:59Member Hamilton.
1:31:00I'll move approval.
1:31:02Sorry with the condition.
1:31:03Thank you. And do we have a seconder member? Good fellow.
1:31:16Thank you.
1:31:17Is there any discussion on the motion in front of us? None.
1:31:26Madam secretary treasurer. Can you handle the vote please?
1:31:31Many members, please indicate your vote by responding in favor or opposed to the motion, which is to approve the application with the one recommended condition.
1:31:46Chair Smith.
1:31:47In favor.
1:31:48Member Klein.
1:31:49Member good fellow.
1:31:51In favor.
1:31:52Member Hamilton.
1:31:54And member spheres.
1:31:58In favor.
1:31:59That's carrying chair.
1:32:01And to the applicant, your application has been approved. You're free to leave the meeting.
1:32:07Thank you, committee.
1:32:12Welcome.
1:32:14Madam secretary treasurer, may we have the next applicant?
1:32:17The next application is file a dash 53 slash 23 variance to permit to permit reduced right side yard setback for proposed attached garage at 277 Arthur street north.
1:32:36For those watching remotely that wish to speak to this application, you can do so by calling the number displayed on this on the screen. The number is 519822.
1:32:461 2 6 0 extension 2524. And when you call in staff will give you instructions on how you can delegate remotely.
1:32:53Is the applicant present?
1:32:56Don't hear anyone at this point.
1:33:06I see someone who has muted.
1:33:16Yes.
1:33:17Welcome. Welcome.
1:33:19And technological leaps and bounds are being tried here.
1:33:27Can you state your name for the record, please?
1:33:30Joel Bartlett of Joel Bartlett architect.
1:33:33We are the authorized agent of the owner.
1:33:37And can you tell me if the, if the sign was posted as per the planning act?
1:33:43Yes, it was.
1:33:45Thank you.
1:33:46And have you read the comments by city staff and are you in agreement?
1:33:52We have rather the city staff reports and we have no concerns with the contents and of the report.
1:34:00Thank you. So you have 10 minutes to address the committee. Please feel free to go ahead.
1:34:07Okay. Through you, Mr. Chair. Good afternoon to the committee.
1:34:11As is noted in the staff comments, the owner has already secured a building permit relating to the proposed rear addition that's shown on the on the site plan drawing that was provided along with the renovations to convert the existing dwelling back to a single family home.
1:34:29A bit of background on the proposed garage. We had been working with the owners to obtain a separate future permit.
1:34:38For an accessory structure that was to incorporate a garage and had been proposed to be located towards the rear of the property.
1:34:48However, through the subsequent design investigations, there were a number of concerns that that did not make that a feasible option, including the potential impacts on on the existing trees on the site and other site constraints, which they wanted to avoid.
1:35:03So this led to the proposed attached garage design before you for which the owner is seeking relief for the side yard setback requirement.
1:35:12The proposed garage addition also includes a small breezeway separating the garage area in the main house. This breezeway provides additional separation from the garage for indoor indoor air quality considerations.
1:35:27Additionally, the owner wanted to minimize the visual impact of the proposed garage structure on the existing house, given the historical character and features that they wanted to maintain and celebrate.
1:35:38As such, the breezeway is designed with a flat roof to minimize the impact on the existing limestone exterior wall of the home.
1:35:46This also allows for a gable roof design over the garage area itself that is intended to tie in visually with the front gable feature of the of the home.
1:35:57We feel the relief requested from the zoning bylaws minor nature and does not have any negative impacts on the surrounding properties and neighborhood.
1:36:05And with that, I'm happy to take any questions from the committee or others.
1:36:10Thank you very much. Appreciate your concise presentation.
1:36:15At this point, if you want to stand by, I'll see if there are any members of the public who would like to address this application. Madam Secretary treasure. Do we have any delegations?
1:36:26Chair Smith, I can confirm no delegations have been received.
1:36:31Okay, at this point.
1:36:34Are there any members of the committee who have questions for this applicant?
1:36:40Member good fellow, please.
1:36:49Always lots of questions. But actually this question, Chair Smith is to city staff.
1:36:56And reading through the comments that were provided.
1:37:01I noted that it appeared like there may be an additional comment or condition in the engineering services section that had not been captured as a recommended condition.
1:37:14And it is with respect to providing a grading and drainage plan.
1:37:20And so I guess my question to city staff through the chair is to confirm whether or not that should actually be a condition that's added to the approval.
1:37:29Or if that is just something that goes along with the building permit process.
1:37:41Do we have staff prepared to answer that.
1:37:47Hearing through the chair. Yes, the intention of the engineering condition was to recommend a condition for a grading and drainage plan.
1:38:02Okay, great.
1:38:04Sorry, do you have a follow up?
1:38:06Good fellow, rather, excuse me.
1:38:08Okay. So through the chair, thank you to the engineering staff. I appreciate that. I guess then.
1:38:14Follow up question should that paragraph be added to the conditions.
1:38:20That we may want to approve here this evening.
1:38:27Through the chair. Yes, I believe it should.
1:38:29Okay. Thank you. Appreciate that.
1:38:34Okay. Do we have any other questions from our committee members?
1:38:41See no hands being raised.
1:38:50At this point, I'll entertain a motion.
1:38:55Do we have a mover and a seconder for this motion?
1:38:59Member Goodfellow.
1:39:04I move approval with conditions with the condition as stated in the city's comments, plus the additional condition, which is the second paragraph in the engineering services comments.
1:39:17And do we have a seconder on that?
1:39:22Member Klein.
1:39:24At this point, before we proceed with discussion, I would like to ask the applicant if they're okay with that additional condition.
1:39:35With that condition as the owner is already engaged with consultants to prepare a landscape plan and drainage plan.
1:39:44Awesome. Thank you for that. Committee members, do we have any discussion on the motion in front of us seeing none? I will turn it over to our secretary treasurer for a vote.
1:40:01Madam secretary treasurer.
1:40:03Thank you, chair committee members, please indicate your vote by responding in favor or opposed to the motion, which is to approve the application with the two, the two conditions, the one that was outlined in the staff comments as well as the one that was added for the grading and drainage plan.
1:40:21Chair Smith.
1:40:23In favor.
1:40:24Member Klein.
1:40:26Member Goodfellow.
1:40:28In favor.
1:40:30Member Hamilton.
1:40:32And member Spears.
1:40:34In favor.
1:40:36That's carried chair.
1:40:38Thank you. Your application has been approved.
1:40:41And you're free to leave the meeting.
1:40:44Committee.
1:40:46Thanks for your time.
1:40:48Madam secretary treasurer may we have the next application please.
1:40:59The next application is file a dash 54 slash 23 variance to permit temporary real estate sales office on the subject property at 842 will which street.
1:41:10I'll note for those watching the remote hearing if you wish to speak to this application, you can do so by calling the number displayed on the screen that number is 5198221260 extension to 524 and when you call in staff will give you instructions on how you can delegate remotely.
1:41:29Thank you. Do we have the applicant present.
1:41:32Do not hear or see at this point the applicant.
1:41:40Chair Smith, if you just give us a moment, we're confirming that the agent is in the meeting.
1:42:07Thank you. We can stand by for a moment or two.
1:42:14Sadly, we don't have any elevator music to pass the time while that happens.
1:42:18I understand that the applicant is on their way into the meeting as we speak.
1:43:47Okay.
1:43:49Please stand by we're experiencing technical difficulties. We're going to try a telephone contact.
1:44:00And for members of the public who are watching this, this is a technical issue that we're attempting to resolve to contact the applicant.
1:44:10Chair Smith, I believe the agent for the application Emily is in.
1:44:39I guess I am in hearing an echo. My apologies.
1:44:48Sorry, I am muted. Can you state your name for the record and your relation to the application?
1:44:54Yes, my name is Emily and I'm an associate with planning.
1:44:59And I'm the applicant appearing on behalf of the owner.
1:45:03Thank you. And can you tell me if the sign was posted as for the planning act? It was.
1:45:10Thank you. And you have read staff's comments and are you in agreement?
1:45:16I have read staff's comments and an agreement, including with the condition.
1:45:21Well, thank you. You have 10 minutes to address the committee. If you'd like to take advantage of that.
1:45:27Thank you. And my apologies for the technical difficulties.
1:45:32So, I will start off by just giving a brief background on these lands as there has been a number of applications over the past couple of years pertaining to the site.
1:45:43So, back in November of 2020, there was a zoning by law amendment application that was approved to permit the overall redevelopment of the site.
1:45:53With 200 stacked townhouse units, a five story mid-rise building and the retention of the Gwell curling club.
1:46:02The approved zoning by law amendment resulted in the site being zoned specialized community shopping center under the 1995 by law.
1:46:11And specialized commercial mixed use center under the recently approved but under appealed zoning by law.
1:46:18Consent applications were approved in 2021 to divide the overall redevelopment parcel into three separate properties and establish appropriate easements.
1:46:29And these properties created three properties, which were 816 will it's that contains the existing wall curling club building.
1:46:38824 will it's which contains the plans that townhouse component of the redevelopment and 842 will it's which is the subject lands and will contain the plan mid-rise building site plan approval for the entire development was issued in June and site plan agreements have been registered on title.
1:47:01Construction of the proposed development is planned to commence imminently and will be planned in phases, starting with this backtown house component at 824 which which is adjacent to the site and sales of the units are intended to commence in October.
1:47:19Both the enforced 1995 by law and the under repeal 2023 zoning by law permit a real estate sales office on an active construction site until construction is completed or a final building inspection is conducted, whichever occurs first.
1:47:37And set an act sorry an active construction site is considered to be a site where building permit has been issued.
1:47:45In this case relief has been requested as the subject lands are located adjacent to the active construction site.
1:47:54The proposed variances satisfy the requirements of the planning act.
1:47:58The subject lands are designated community mixed use center by the official plan.
1:48:04The proposed real estate sales office is complimentary to the approved development and will facilitate sales of the staff.
1:48:14The variances will not result in any changes to the approved development or use as for these reasons that proposed variants and teams the general intent purpose of the official plan.
1:48:24The intent of the zoning by law is to permit a temporary sales center or real estate sales office to facilitate sales of associated development.
1:48:35The location of the sales center on the subject lands rather than the stack townhouse property, which is a 24 of Orange Street is contained or is considered to maintain the intent of the zoning by law.
1:48:48The variances are desirable for the appropriate development or use of the lands are being accessed for the sales trailer are consistent with the locations on the proof site plan.
1:48:59And the variances are considered to be minor. There will be no changes to the approved development, the number of units parking spaces or exteriors.
1:49:08And a minor site plan application has also been submitted, which will address the detailed design of the sales center, including the precise location and size and the location parking.
1:49:18Grading landscaping.
1:49:20And as I mentioned, I've reviewed the staff report and the recommended condition and support the conclusions and condition and would be pleased to answer any questions of the committee at this time.
1:49:31Thank you very much. I'm very thorough and concise. I appreciate that. And at this point, if you want to just stand by and I'll see if there are any members of the public who wish to address your application.
1:49:46Madam secretary treasure. Do we have any delegations for this application?
1:49:51Chair Smith, I can can confirm we haven't received any delegation requests.
1:49:57Thank you. And if you'll stand by, I'll see if my colleagues on the committee have any questions for your committee members. Do we have any questions for this applicant?
1:50:08I do not see any.
1:50:15And I don't have any questions myself either. So at this point, I will turn it back to the madam secretary treasure to park me. Excuse me. I'm jumping the gun.
1:50:27I'm going to entertain a motion from committee members committee members. Do we have a motion on this application?
1:50:42Member Spears accept his proposal and do we have a seconder member Hamilton.
1:50:56Now I'll turn to our secretary treasure to to pardon me, we have a motion and I'm perhaps getting a little long of the tooth here because at this point, we now have to see if there's any discussion on that motion on the floor.
1:51:15Any questions pardon me discussion on this on this motion we see before us seeing none.
1:51:26I'm going to now turn it over to the secretary treasure to conduct a vote.
1:51:34Thank you chair committee members please indicate your vote by responding in favor or opposed to the motion which is to approve the application with the one recommended condition.
1:51:44In favor.
1:51:46Thank you chair Smith. Member Klein.
1:51:51Member good fellow in favor.
1:51:54Member Hamilton.
1:51:57And member Spears in favor.
1:52:00That's carry chair.
1:52:03Madam secretary treasure. I believe we have another application.
1:52:15The next application is file a dash 55 slash 23 variance to permit multiple attached dwelling use and reduce setbacks for parking spaces.
1:52:31At 11 cork street west. I'll also note that we did receive correspondence after the comment deadline from resident Clinton Chan in support of the application and that correspondence has been circulated to the applicant and committee members as well for those members of the public that are watching the hearing remotely.
1:52:54And if you wish to speak to this application you can do so by calling the number displayed on the screen that number is 5198221260 extension to 524.
1:53:05And when you call in staff will give you instructions on how you can delegate remotely.
1:53:09Thank you madam secretary treasure is the applicant present.
1:53:16Yes, I am.
1:53:18And can you state your name for the record please and your relationship to this application.
1:53:23My name is Charlotte ballack I'm a land use planner at GSP group and I'm speaking to the application on behalf of the property owners.
1:53:32Thank you and can you tell me if the sign was posted as per the planning act.
1:53:40Yes, it was.
1:53:42Okey dokey thank you very much for that and you have 10 minutes to address the committee. If you wish to take advantage of that please go ahead.
1:53:52Oh, before I before I let you opine on that can I ask if you read staff's comments and are you in agreement with them.
1:54:02I did read staff's comments and we are in agreement with the comments and the recommendation.
1:54:08Thank you and you have 10 minutes to address the committee.
1:54:13Thank you.
1:54:15I just want to give a brief history on the application.
1:54:20This application has been seen a couple of times in front of the committee now so just want to give you some of that background and tell you why we're here today.
1:54:32So to start from the beginning, the proposed development was first seen by the committee in August of 2019 when the property owners were proposing a four story rental apartment building on the site.
1:54:45A minor variance application was submitted for increased building height elevation.
1:54:50But this application was ultimately refused by the committee.
1:54:54The property owners then submitted to the city for site plan approval in October of 2019 for a 15 unit multiple attached building that would be in line with the bylaws height limits.
1:55:06In the site plan pre consultation meeting the site constraints were discussed with city staff.
1:55:12And they were insured the site had space to accommodate enough parking for 15 units.
1:55:18So the development was reduced once more to a 10 unit multiple attached dwelling with nine parking spaces.
1:55:26In May of 2022, a minor variance was approved to permit nine parking spaces to facilitate the development of the 10 unit multiple attached dwelling.
1:55:38In November of 2022 bill 23 was passed by the province, which removed residential developments of 10 units or less from being subject to site plan control.
1:55:50This meant that the proposal no longer needed to continue through the site plan approval process and could proceed with a fine for building permits for the 10 unit building and approve nine parking spaces.
1:56:01The landowner was working with their architect to prepare the required building permit drawings. But while this work was being completed, the city passed its new comprehensive zoning bylaw.
1:56:12The new zoning bylaw introduced some new regulations that did not exist in the old zoning bylaw, such as setbacks for parking spaces to lot lines and building walls.
1:56:22And also remove permissions for multiple attached dwelling units.
1:56:26So when the property owner reached out to the building department to ask some questions.
1:56:31They had flagged non compliance with the new zoning bylaw.
1:56:36That is when the property owner reached out to GSP group again to help them achieve another minor variance approval for the new regulations in the zoning bylaw.
1:56:48The property owners have worked closely with city staff and the committee since the conception of the proposal to create a development that meets the city's goals to build more rental housing and make use of the city's downtown sites that are so well connected to amenities such as transit shops and parks.
1:57:05The variance request only applies to the comprehensive zoning bylaw, which is currently under appeal and it complies fully with the old zoning bylaw.
1:57:14This development will make efficient use of a property that sits half vacant in Guelph central downtown area.
1:57:20This new purpose built rental development is desirable for the area is a minor request under only 1 of the 2 zoning bylaws under consideration.
1:57:29And it complies with the intent of the official plan and zoning bylaws.
1:57:33We agree with staff's recommendation to approve the application. But if there are any questions, I'm happy to answer. Thank you.
1:57:40Thank you very much and I appreciate the history of this. I know it's come before us before.
1:57:50At this point, are there any delegations who would like to address this?
1:57:56Chair Smith, I can confirm we haven't received any delegation requests.
1:58:03Okay, thank you. If you want to stay right there, we'll see if committee members have any questions for you committee members. Are there any questions of this delegate or staff?
1:58:18I don't see any.
1:58:21I do have a couple of questions. The first one is for staff.
1:58:28Given the history and the location of this.
1:58:33I note in what's come before us there is no mention of the view corridors.
1:58:40Is that an issue at all?
1:58:46No concerns regarding the view corridors from this property.
1:58:49And I'll just add to that to that chair. I also reviewed it for zoning for that specifically and it was it meant the bylaw.
1:58:58It was under the maximum elevation in that area.
1:59:02That's awesome. Thank you for that. And I guess the other question is a little bit.
1:59:10I guess technical and that is that.
1:59:15I don't see an accessory an accessible unit in the floor plans provided. Is there an accessible unit? I guess that's to the applicant.
1:59:31Through you chair, there are stairs to each of the units.
1:59:36Thank you. And so my question to staff is, I understand that the bylaw probably requires an accessible unit accessible parking space, but I'm not sure.
1:59:51Given there isn't an accessible parking spot or pardon me an accessible unit in this than an accessible parking spot.
2:00:01seems a bit of overkill.
2:00:04Would that assist in the layout of parking at all?
2:00:10Through you, Mr. Chair, I don't know if replacing the proposed accessible parking spot with a standard size parking spot would really benefit the site layout much at all.
2:00:27Okay, and just.
2:00:29Again, this is a bit of a technical question and I wonder and forgive me if it's it's it's a side issue, but.
2:00:38We're the proposal to forego an accessible.
2:00:44Parking spot with that have to result in another request for minor variance.
2:00:53Through the chair, yes, it would.
2:00:56Okay, it just seems a little redundant to have an accessible parking spot in a, in a, in a, in a development that doesn't have it's not an accessible development. So.
2:01:09That's, as I say, a side issue and I'll leave it at that committee members. Do we have any other questions for the applicant or staff?
2:01:21Seeing none. I'll turn to committee and see if we have a motion on the floor committee members. How do you wish to proceed?
2:01:35Remember Hamilton and we have a seconder member Klein.
2:01:45Do we have any discussion on the motion in front of us?
2:01:52Seeing none. I will turn it over to Madam Secretary treasurer to connect us with a vote.
2:02:01Thank you chair Smith committee members. Please indicate your vote by responding in favor or opposed to the motion, which is to approve the application or no conditions recommended for this file.
2:02:11Chair Smith.
2:02:13In favor.
2:02:14Member Klein.
2:02:17Member good fellow.
2:02:19In favor.
2:02:20Member Hamilton.
2:02:23And member Spears.
2:02:25In favor.
2:02:26That's carried chair.
2:02:30The motion has been approved and you're free to leave the meeting if you wish.
2:02:36If.
2:02:41Madam secretary treasure, I think we have one more application. Is that correct?
2:02:49Chair Smith, just one more application that we have on today's agenda and that is file a dash 56 slash 23.
2:02:57I would like to permit reduced side yard setback and increased total ground floor area for proposed addition to existing accessory building.
2:03:05Detach garage at 13 Kensington street.
2:03:09I'll also note for those watching the hearing remotely, if you wish to speak to this application, you can do so by calling the number displayed on the screen.
2:03:17That's fine. 8221260 extension 2524. And when you call in stop will give you instructions on how you can delegate remotely.
2:03:29Is the applicant present.
2:03:35Welcome to wash to state your name for the record please.
2:03:38Sure. My name is Paul Tuniso. I live at 13 Kensington street.
2:03:44Mr. Tuniso and was the sign posted.
2:03:49At your residence.
2:03:51It was posted on July 29th and I sent a image of it to.
2:03:59The city to let them know that I had done that.
2:04:02Thank you. And have you read staff's comments and are you in agreement?
2:04:07I have read staff's comments. I object to 1 proposed condition.
2:04:14I actually have sent in some comments to be shared with everyone here and was told that if I.
2:04:23Ask for it to be shared, it would be brought up.
2:04:26On the read.
2:04:27Well, we can certainly do that and that will be part of your 10 minutes. If you wish to proceed.
2:04:34Please go ahead and point out your your objection.
2:04:38Okay. Thank you very much.
2:04:41Okay. There's, there's a condition that was put.
2:04:46And I've got a couple of issues.
2:04:51For reasons that I, that I object to it.
2:04:54The 1st 1 is the condition is recommended and most importantly is not required by law under the city of wealth zoning by law or the Ontario building code.
2:05:06The new wall for the garage extension, which is going on is entirely maintenance free.
2:05:14It is 100% vinyl siding with no window.
2:05:19There is an existing wall that I have owned that I've owned for the last 25 years. This wall is less than 0.6 meters to the property line.
2:05:29And was built under a building permit issued by the city in 1959.
2:05:35I've had no issues with the wall and my neighbor.
2:05:40I have a verbal agreement with my neighbor and I would not have embarked on this project without discussing access with her. We actually get along on very good terms and.
2:05:51I've actually discussed it with both neighbors on both sides in case there, there would be any issue about construction going on.
2:05:59I spent a considerable amount of money up to this point to do things correctly, such as obtaining the services of a land surveyor and applying to the committee of adjustment.
2:06:10I spent a lot of time and experience considerable delays to this point and any further delays will prevent me from commencing the construction in 2023, which I'm hoping to do.
2:06:23If my neighbor refuses to do what's being asked here.
2:06:31It most likely will be based on the encumbrance that is placed on her property for the benefit of someone else.
2:06:39And so this encumbrance will prevent her and all future owners from using their own backyard.
2:06:46If they as they wish, such as planting and garden trees or other landscape escaping features or erecting a fence for security purposes.
2:06:55All of this may may have a fundamental financial impact on the value of the property.
2:07:03And I would not want to that to be placed on my property either.
2:07:08But I didn't add here was it furthermore of the exposure to a liability for my neighbor would be a major deterrent for them to agree to this.
2:07:20They don't want to be liable for any kind of accidents that happen.
2:07:25And, you know, there's legalities surrounding that obviously access to properties between neighbors is a civil matter that exists everywhere in the city.
2:07:37And also access is controlled by trespassing laws.
2:07:42If my neighbor refuses to have an access agreement registered on her properties title.
2:07:48My family will not be able to enjoy our property to its fullest due to the city requesting a condition on an enjoying property that I have no control over.
2:08:01The last thing that I'd like to reiterate is the first point, which is that the condition really was only recommended.
2:08:07And given that it is not required.
2:08:12That's something to be considered here. And that's all that really I had to say.
2:08:19Thank you very much.
2:08:21I appreciate your brevity.
2:08:24And I'm going to just check with our secretary treasure to see if there are any delegations on your application. Madam secretary.
2:08:33Chair Smith, we haven't received any delegation requests.
2:08:38Okay.
2:08:40At this point, I will turn to my fellow committee members to see if they have any questions.
2:08:47For you if you want to stand by please committee members. Do you have any questions of this applicant?
2:09:01I'm just scrolling to make sure I don't see any. I'm going to jump in then and ask city staff to comment on some of the issues that were brought up in Mr.
2:09:16Turner, Tony's presentation about access and liability.
2:09:23Is there someone on staff who can comment on that?
2:09:27Chair Smith, that would be me. I'm Kelly Patzer in the building services department.
2:09:32Thank you, Miss Pouser. Please go ahead.
2:09:34Yeah, so when buildings are proposed to be that close to the property line.
2:09:42They do need a minor variance, but also within the past five years that I've worked here.
2:09:47And it does date further back than that, but I'm.
2:09:50I don't know the actual date that has been.
2:09:55It doesn't necessarily need to be a condition, but it's always been a note to the applicant that this access and maintenance agreement when building a new structure so close to the property line.
2:10:08Is part of a building permit submission so that the structure can actually be built.
2:10:17Because it would be difficult. I personally think to build a structure when without crossing a property line with less than a half a meter between that in the property line.
2:10:32And it really is to negate the civil matters between neighbors that.
2:10:41The applicant did bring up it is a civil matter, but.
2:10:46This neighbor does agree to the possibly crossing the property line to build it a future neighbor may not to agree to any maintenance on their side of the property.
2:10:58So though it doesn't have to be a condition.
2:11:02The applicant can have a discussion with the chief building official.
2:11:06After this.
2:11:08I have not known of a circumstance where that has not been required with a building permit so submission when proposed so close to the property line.
2:11:16Thank you. I appreciate that. And.
2:11:24I do have a question for the applicant of both the vinyl siding.
2:11:30Wasn't clear what you were you were getting on to about that.
2:11:36Oh, it was just that that side.
2:11:40Of the structure that I'm building will be clad in vinyl siding, which is a no maintenance.
2:11:48Siding like there's there's no reason that I would actually need an ongoing access to maintenance.
2:11:55That's all I see. Okay. Thank you.
2:12:01Fellow committee members. Are there any other questions member Hamilton from Kelly from town staff. So, was it possible then if we.
2:12:13Move this without the condition that for the building permit to be closed, it could still be.
2:12:18We visited and required or is just just wanted to clarify that.
2:12:23Through the chief to chief the chair to member Hamilton.
2:12:28Yes, at the building permit stage.
2:12:32It still would be requested with the permit application.
2:12:36Thank you. Well, thank you for the promotion.
2:12:42Miss Spencer committee members. Are there any other questions.
2:12:51Member Spears.
2:12:54Little unclear about.
2:12:56What what's going to happen here if we were to approve this without the condition. What I'm understanding is.
2:13:03If we were to approve this at the next stage, the condition would rear its head again and the applicant wouldn't be able to proceed.
2:13:13Because he couldn't meet the requirement of the building permit. Is am I getting this right? Or I mean, should we stop it here? Or is it just going to get stopped.
2:13:22It could be a later date and you can deal with it that.
2:13:28Through the chair to member Spears that that could be the case definitely you could remove the condition.
2:13:34And it could be dealt with with through the chief building official.
2:13:45Any other members have any questions.
2:13:57Don't see any. So at this point, I'll entertain a motion committee members.
2:14:02What is your pleasure.
2:14:03Member Hamilton.
2:14:08Assuming it's okay with the applicant, I would move approval without the condition.
2:14:13We have a seconder member Spears.
2:14:22Is there any discussion on the matter? Don't see any. So I will.
2:14:33Ask our secretary treasurer to conduct the vote please.
2:14:37Members, please indicate your vote by responding in favor or opposed to the motion, which is to approve the application with no conditions.
2:14:47Chair Smith.
2:14:49In favor.
2:14:51Member Klein.
2:14:52In favor.
2:14:54Member good fellow.
2:14:57Member Hamilton.
2:14:59In favor.
2:15:00And member Spears.
2:15:02That's carried chair.
2:15:08Thank you. Your application has been approved with the lack of the condition.
2:15:14And free to leave the meeting if you wish.
2:15:21You're welcome. And I believe that concludes our agenda.
2:15:27Of.
2:15:29Of applications, but I also believe that there are some.
2:15:34A special announcements that the secretary treasurer has to make.
2:15:41Thank you chair Smith. I just had one brief announcement regarding some staffing changes that support the committee of adjustment.
2:15:50I wanted to advise the committee that today we do have some bittersweet news that this will be the last hearing attended for a couple of staff members that some are.
2:15:58So that support the committee. So best wishes go to 1 to Silva in the city clerk's office and chiffon Daniel and engineering and transportation services as they take on new roles.
2:16:10So we wish them both the best and thank them for their support to the committee over the last 7 plus years. And I hope you'll join me in a round of applause. I guess virtually for, for them.
2:16:21Thank you chair. That's all the announcements that I had.
2:16:29Thank you, madam secretary treasurer and just let me add my, my thanks to both so and and want that, you know, their contribution may not always be as front and center, but they certainly support us and bring their professionalism and expertise to every meeting.
2:16:48I've been involved in in the last 4 and a half years. So let me echo your congratulations.
2:16:56With that, I believe we have completed our business here today and I'll enter entertain a motion to adjourn member good fellow seconded by member Klein and all in favor.
2:17:24I believe we are adjourned. Thank you everyone. And we'll see you in a month's time in person. I believe. Thank you.