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Jon Christensen
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Committee of Adjustment

November 13, 2025 · 35,460 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.

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3:22Good afternoon, Guelph. I'd like to call on to order the November 13th meeting of the,

3:28pardon me, hearing of the Guelph Committee of Adjustment. This hearing is being held in a hybrid

3:33format with attendees appearing in person and or remotely and is being live-streamed and recorded.

3:39Please be advised that public hearings form part of the public record and the words, names,

3:44and images of those participating shall be recorded and posted online.

3:48We've received regrets from members Spears today who will not be attending this meeting.

3:54Before I outline the hearing format, if you are watching online and wish to speak to an application

4:00that's listed on the agenda and have not yet submitted a written request in advance of the

4:05hearing, please call the number displayed on the screen now, which is 519-822-1260.

4:15That's 519-822-1260 and the extension is 24, pardon me, the extension is 2524.

4:24And you will receive instructions on how to participate. For those attending the hearing

4:29in person, you will also be given a chance to address our committee. A final call for delegations

4:34will be made when each application is called. The agenda for this hearing has been posted online

4:40at gulf.ca forward slash c o f a. I remind all committee members and staff participating in

4:49the hearing to please mute your microphone when not in use. Applicants will be unmuted when their

4:55application is called. I'd also like to share the hearing format we'll be using to navigate through

5:01each application. Each application will be called by the secretary-treasurer and the call-in number

5:07for those wishing to speak to an application will be displayed on the screen. Afterwards,

5:12the applicant will be given an opportunity to add anything further to their application to a

5:17maximum of 10 minutes. You will hear a chime when there are 30 seconds left and another when the

5:2410 minutes have elapsed. If you are an applicant and have nothing further to add, you can simply

5:30say so. Following this, for some files, staff may provide a brief presentation. Our committee will

5:36then be able to ask questions of the applicant or staff. After that, we will hear from members of

5:43the public who wish to comment on an application. Please note that all comments should be addressed

5:49to myself, the chair. Please avoid repeating concerns already stated by others and focus on

5:57adding new information. Comments are also limited to 10 minutes or less. You will hear a chime when

6:05there is 30 seconds left and another when the 10 minutes have elapsed. For delegates that have

6:10advised staff in advance of the hearing that they wish to display a presentation, your presentation

6:16will be displayed on the screen and a remote is available at the podium for delegates in person

6:22to advance the slides. Any member of the public who have submitted a request to speak prior to

6:28the hearing will be the first invited to speak and provide comments. For those watching the hearing

6:34online, if you wish to speak to an application and have not submitted a request in advance of the

6:40hearing, please call the number displayed on the screen now. For those attending the hearing in

6:46person, you will also be given a chance to come forward to the podium and address the committee.

6:52Once all comments from the public have been heard, the applicant or staff will be given the

6:57opportunity to respond to comments. Finally, as chair, I will turn to my committee for a motion

7:04and deliberation as well as a vote on the application. When the committee is making a decision on an

7:10application, as chair, I will be asking the secretary-treasurer to conduct the vote by roll call.

7:17The secretary-treasurer will call each of the members' names and each member will respond if

7:22they are in favor or opposed to the motion and the chair will announce the results of the vote.

7:30If you wish to receive a copy of the decision on an application, you must submit a written request.

7:36A written request may be made by contacting staff using the contact information shown on the screen.

7:43If you wish to receive a copy of the decision, please email cofaatgualf.ca with your name

7:52and the file number you're interested in. Please note that owners and applicants automatically

7:58receive a copy of the decision. At this point in our proceeding, it's time for a territorial

8:05acknowledgement and I would like to ask all of those who are able to stand while member Meir

8:12reads our territorial acknowledgement. Thanks, Mr. Chair. As we gather, let us take time to reflect

8:22on our privilege to live and work in Gualf, a city built over rich indigenous histories. We are

8:29guests here and we should reflect upon the responsibility to care for this land, the people

8:35who live here today and the generations to come. If our actions today can move us towards

8:42reconciliation, we should take pause and make those decisions with intention and gratitude.

8:49This place we call Gualf has served as traditional lands and a place of refuge for many people

8:56over time, but more specifically, specifically the Atiw and the Rock and the Haudenosaunee.

9:05This land is held as the treaty lands and territory with the Mrs. Haga's of the

9:10Credit First Nation. Gualf lies directly adjacent to the healthy man tract and is part of a long

9:18established traditional hunting ground for the six nations of the Grand River. Many first nations

9:26in Newt and Mattis peoples who have come from across Turtle Island called Gualf home today. Thanks.

9:38Thank you very much, Member Meir. Committee members, are there any

9:46pecuniary interests that Member Morosz? To the Chair, I'm declaring a conflict of interest on

9:55item B53 slash 25, 47 in 87 Highland Road. I live in the neighborhood where this application is

10:04located and I wish to avoid any appearance of bias that might occur if I were to participate in the

10:11discussion and decision on this item. Thank you, Member Morosz and we'll ask you to leave the hearing

10:22when that comes before us. Thank you. At this point, I'd also like to make a

10:34minor adjustment to our agenda for today. There is a request for a fee waiver for Gosling

10:46Gardens and I would like to move that with Committee's indulgence. I'd like to move that

10:54to after number 2.7, which is the actual hearing for Gosling Gardens.

11:01I don't see any disappointment with that, so we will change that part of the agenda.

11:12I've confirmed with the Secretary of Treasury that we don't have any deferral requests

11:15and at this point I will turn it over to our Secretary of Treasury, Madam Secretary of Treasury.

11:21Oh, yes, thank you. I'm tardy because I was not at the last meeting, so we do have to have

11:30the meeting minutes from the last meeting approved. Do I have a motion? Member Fitzpatrick,

11:37seconded by Member Ross. All those in favor? Actually, I put my hand up but I can't vote

11:46because I wasn't here, so it looks like it was that was passed. Now, Madam Secretary Treasurer,

11:54would you mind doing the honors? The first application is file A-87-24,

12:06variances to permit reduced side yard setback for exterior stairs and awning at 90 Toval Drive.

12:13I'll ask for those attending remotely if you wish to speak to this application, you can do so by

12:17calling the number displayed on the screen, that number is 519-822-1260 extension 2524,

12:25and when you call in, staff will give you instructions on how you can delegate remotely.

12:31Thank you. Is the applicant here or are they online?

12:35Online. Good evening. Can you state your name for the record, please?

12:41My name is Toby Lee. And can you tell me your relationship to the application?

12:49Representing agent. Thank you. And can you tell me if the sign was posted as per the Planning Act?

12:56Yes, it has. Thank you. And have you read staff's comments and are you in agreement?

13:03Yes, absolutely. At this point, you have 10 minutes to address the committee. Please make as much use

13:10of that time as you wish. Mr. Treasurer, I think we might not need the time. I think it's quite

13:17straightforward. Our family is growing in size and we are looking to build an accessory apartment

13:22of which requires a separate entrance with exterior stairs and awning. And the purpose of

13:27this application is to seek various requests since those two items will be encroaching into

13:34the minimum setback. And that will be it. Well, that's concise. Thank you very much.

13:44Committee members, do we have any questions for the applicant? Seeing none, are there any members

13:53in the chamber, members of the public in the chamber who would like to speak to this application?

14:00Seeing none, Madam Secretary Treasurer, do we have anyone online? Mr. Chair, I can confirm no other

14:07delegation requests. Thank you. At this point, we'll go into committee members. What is your wish?

14:17Member Meir, and we have a seconder. Member Goodfellow, is there any discussion on this

14:29application before us? Seeing none, Madam Secretary Treasurer, would you call the roll please?

14:37Thank you, Chair. Committee members, please indicate your vote by responding in favor or

14:41opposed to the motion, which is to approve the application. Chair Smith? In favor.

14:47Member Fitzpatrick? In favor. Member Goodfellow? In favor. Member Mambrenio? In favor.

14:54Member Meir? In favor. And Member Ross? In favor. Let's carry chair. Thank you. Your

15:00application has been approved and you're free to hang up on us if you wish.

15:10Madam Secretary Treasurer, may we have the next applicant, please? The next application is file B

15:20dash 53 slash 25 consent to create one new residential lot with one retained residential

15:26lot at 47 and 87 Highland Road. I'll note for those attending remotely, if you wish to speak

15:33to this application, you can do so by calling the number displayed on the screen that numbers 519-822-1260

15:41extension 2524. And when you call in, staff will give you instructions on how you can delegate remotely.

15:46I will note before I call the applicant that Member Ross, having declared us a conflict,

15:56has left the chamber. May is the applicant present? Yes, please come forward. Good afternoon.

16:10Can you state your name for the record, please? Just turn your microphone on, please.

16:18There we go. Okay. Brianna Miller, I'm from Van Hart and surveying.

16:22And I assume that's the agent for the applicant, it is. And can you tell me if the sign was posted

16:29over the planning? Yes, it was. And have you read staff's comments and are you in agreement? Yes,

16:34and yes. As you know, you have 10 minutes to address the committee and feel free to make

16:40use of that time. Okay. Perfect. How do you set it? Yeah. Okay. Does it have to go a few times?

16:55Oh, this is... Oh, no. Oh, there we go. Okay. Summary proposal. That's fine. Okay. So

17:03I'll get things. So we're separating the existing residential lot from the portion of the property

17:07that's owned as natural heritage system. Historically, the residential lot was separate from the rest of

17:12it. It's just from a previous owner, it did merge on title and then threshold homes acquired it as

17:18part of a severance back earlier this year. The proposal we are going to note conforms with all

17:24the official plans and the zoning bylaw. We have been working with staff and our appreciative of

17:30their time to come up with a land management plan that is in line with these policies. The

17:35environmental report that was prepared by NSRI concluded that the severance will not have any

17:39negative impact on the existing natural features. So as we can see here, the red line on there is

17:47actually the existing illegally formed trails that have just been done by community members over the

17:53years, just from walking dogs, biking to the... There's a BMX bike park at the back there. So those

17:58are just mapped out using GPS. Those trails are proposed to remain. There's going to be a little

18:04cleanup that happens to them, but there's going to be no alterations as we are aware if we do do that.

18:10There would be need to be like an environmental impact study. The blue polygon there is an

18:14existing clearing on the site. It currently has an illegal burn pit that again has just been used

18:20over the years by locals. So that's kind of an area that we're looking at maybe having some gatherings,

18:27no fire, and then moving forward here. So the state of the site prior to... There was a cleanup

18:33on November 7th that was hosted by threshold homes. So there was a lot of planks put down,

18:40I'm assuming just for bikes to get through when it's muddy out. There's a lot of trash on the site

18:46less now, but previously there was. There was an illegal structure that was erected, again,

18:51just because the site's been vacant for so long. Other debris has been moved in. Some of it has

18:57been removed to date, but this is just how it was as threshold acquired it. And that's the clearing

19:02I was referring to with the illegal burn pit. And there's other burn pits just throughout the site

19:06as well just from use of being a vacant site near people. So updates to proposal from last meeting.

19:14So again, as I said, we have completed a land management plan in coordination with city planning

19:19staff. We're not proposing any temporary structures anymore as we do realize there's not enough wiggle

19:24room in the official plan for that to happen. And there was notes of concern about parking.

19:30We are cognizant. This is a street that doesn't have a lot of parking. So if there is a major

19:34event planned, which again, major being maybe 30 people, if that, there will be coordinated

19:40shuttles and drop offs so we don't completely impact the road. Programming on this site will

19:46include sharing circles in the established clearing, medicinal walks and knowledge sharing

19:51events with elders. These aren't intended to be high impact events, drawing large, large crowds.

19:56These are supposed to be small in scale. So that's kind of all I have and I'm happy to answer any

20:02questions for you. Thank you very much. And if you want to wait right there, my colleagues may

20:07have some questions for you. Committee members, do we have any questions for the applicant?

20:16I don't see any hands coming up. No. Okay. I did note the temporary structure is

20:27or the grass and log structure has been removed and it's noted on the original plan that you put up.

20:35So that wasn't done by anyone associated with cross-shoulder thresholds. That was done by

20:41trespassers. It just happens. I think the intention is to have that removed as part of the site

20:47cleanup. I'm not sure if it's been done already. I'll let Eric, who's the owner right now, speak

20:51to that. But the intention is to not have that there anymore. Yes. Okay. Thank you very much.

21:00And the committee, other than my comment and question, don't seem to have any questions.

21:06So if you want to hang back in case you want to address some comments that make them from the

21:14public, please feel free to do so. Thank you. Madam Secretary Treasurer, do we have registered

21:22delegations for this? Mr. Chair, we do. Before I do, does staff have any presentation that they

21:31want to? Ah, I see nodding of heads. So please come forward, Mr. and speak to this, Mr. Rimbol.

21:39Thank you very much, Mr. Chair. So just to go through a quick summary, the Consent Application

21:44B5325 for 4787 Highland Road proposes to sever off an existing residential dwelling unit and

21:51associated manicured yard from a large wooded and wetland area that is designated Natural

21:57Heritage System, or NHS, in the city's Official Plan and zoned as NHS in the city's Zoning By-law.

22:03So the application was previously before the committee on July 10th of this year. At that time,

22:09staff recommended deferral of the application to give time for the applicant to demonstrate compliance

22:14with the city's Official Plan policies, particularly the policies related to the

22:18Natural Heritage System. The applicant has since provided a management framework that demonstrates

22:23how the Official Plan policies will be met with respect to the management of a Natural Heritage

22:28Area by a land trust. As the proposed severance would sever off a dwelling and associated yard

22:33that has been established for over 25 years, staff consider that used to be existing,

22:38and consider the severance to conform to the Official Plan policies, provided that the retained

22:43lands, that being the larger woodland lands, are managed and protected in accordance with the

22:49Official Plan policies. Permitted uses on those retained lands include inventorying of the Natural

22:55Heritage System, forest and invasive species management, passive recreational activities,

23:01including cultural and environmental programming, and restoration work. In the future, the applicant

23:06may pursue trail expansion and have acknowledged that an environmental impact study would be required

23:12to demonstrate that city policies and requirements are satisfied if they want to

23:17go that route in the future. So at the previous meeting of the Committee of Adjustment, the proposed

23:24temporary, there were proposed temporary structures on the site, which are not permitted in the Official

23:29Plan or the zoning for the property. That has since been removed, as the applicant noted,

23:34and are no longer contemplated by the applicant, and it is not included in the land management plan

23:39that has been prepared and provided. As the contemplated use is for conservation purposes,

23:45the zoning bylaw does not have any off-street parking requirements for the retained lands,

23:50and therefore that proposal conforms with the zoning requirements. The severed lands are zoned

23:56low-density residential, or RL1, in the zoning bylaw, and in addition to permitting detached

24:03dwellings, the RL1 zone also permits a group home and supportive housing use as of right.

24:11So a permit for a group home at 47 Highland was approved in March of this year, and construction

24:16has taken place in accordance with that approved building permit. To be clear, the proposed

24:21application is for the consideration of the proposed severance only. The proposed and existing uses

24:26for both the severed and retained lands could form with the zoning requirements and are permitted

24:32regardless of the decision made by the committee on this application. If any future uses are proposed

24:38that do not conform with the zoning bylaw or OB requirements, then an additional public process

24:43and application will be required. For those reasons, staff recommend approval of the application

24:49subject to the conditions recommended in the staff report. Thank you.

24:54Thank you. Just hang tight for a second, and my colleagues may have some questions. Committee

25:00members, do we have any questions for city staff? Member Goodfellow. Yes, through the chair to city staff.

25:06I appreciated the clarity that you just summarized the application with, and but you did mention that

25:14changes may require an environmental impact assessment. Is there what, can you characterize

25:20the nature of the trigger? Like what would it be the extent of the change? I think we mentioned

25:26that new trails or expanded trails, but is there a little more clarity? Is it just

25:31new or could it be all to expanded network? Yes. Thank you. If I may answer that through the chair,

25:40it will depend on the scope of the changes. So staff would review generally what the processes

25:46staff would receive a proposal. We would take a look at it if they were proposing to, for example,

25:51bring in some fill to a wet area, a minor amount that's not changing grade or anything. We would

25:57generally not require an environmental impact statement because the scope is quite small and

26:02we don't anticipate it to have a negative impact on the feature itself. If they were looking at

26:07doing something like improving or adding stone dust, for example, to the trail throughout,

26:14then that would trigger an environmental impact study. Okay. Thank you. That's helpful.

26:24Any other questions for staff? I guess I have one, excuse me, pardon me. I do have one question

26:40and that is, this is a Siffernce application and it's, it sounds like these two lots were

26:50originally two separate lots and were merged on title because of a single ownership. Am I

26:55correct in that? Through you, Mr. Chair, that is my understanding. Yes. Okay. And so I guess

27:05this will facilitate two separate entities owning two separate lots. That would be the

27:11result of the Siffernce. That's correct. Yes. Okay. I just wanted to be clear with that. Thank you

27:17very much, Mr. Rumpel. Are there any other questions? Seeing none. Madam Secretary Treasurer,

27:24do we have any registered delegates? Mr. Chair, we do have some delegates. The first is Kristin

27:32Kearney. Good afternoon and can you state your name for the record before you get started?

27:54Yep. My name is Kristin Kearney. And you have 10 minutes to address the committee. So make as

28:01much use of that time as you wish. Great. Thank you so much and I appreciate the opportunity

28:05to be here this evening. So my name is Kristin Kearney. I'm the Executive Director at Wyndham

28:10House where you serve an organization in Guelph that supports young people with housing and

28:14homelessness and complex needs. I also tonight, you know, I'm speaking as an Executive Director,

28:19but also I was raised in this community. I live and work and raise my children in this community.

28:24And I care deeply about how we grow together and the type of future we're creating for the

28:29next generation. I'm here today to speak in support of the proposed land severance between

28:33thresholds and Crochet Lodge. In the exploration of this issue, I noticed that there's a lot of

28:38questions about why this project is happening, what's the purpose of it. And so I'm here to

28:44speak briefly tonight about my understanding of that why. So thresholds purchase this property

28:50intentionally from the beginning with a vision that extended beyond its own program needs. The

28:54goal was to create a space where people with extraordinary needs could heal and to use a

28:59portion of the land to support indigenous land-based healing through Crochet Lodge. This was not a

29:04random act. It's a deliberate and meaningful act of reconciliation. And my understanding from an

29:10indigenous perspective is that land is not just property. It's a relationship, identity, and medicine.

29:15The proposal to transfer not simply permit the use of the land recognizes the deep colonial

29:20history of dispossession that continues to shape our country and our city. Returning stewardship to

29:25an indigenous led organization is a tangible way of rebuilding trust and restoring relationship to

29:30the land itself. As a white settler and someone who's leading a local organization serving youth

29:35with complex needs, I also see the urgent need for this type of partnership. A significant minority

29:41of the young people we serve are indigenous. They are overrepresented in homelessness,

29:45in child welfare, and in mental health systems in our community. Yet access to culturally grounded

29:50land-based healing here in Guelph remains limited. This proposal helps fill that gap in a way that's

29:55ethical, community-driven, and deeply needed. Crochet Lodge is a respected registered charity

30:00that has worked with organization schools, community leaders across Waterloo Region.

30:04Their programs don't just support indigenous healing. They also help all of us learn about the

30:08history of colonization and what reconciliation looks like in practice. They invite relationship

30:14reflection and accountability for all of us. The partnership between thresholds and Crochet Lodge

30:19is exactly the kind of shared leadership we need to see more of in our community.

30:23Where established agencies use their privilege and capacity to build space for indigenous led

30:28organizations to thrive and grow capacity in our community. I recognize that it can feel

30:33uncomfortable and sometimes there's fear or misunderstanding around something new, but I

30:38believe that Guelph is capable of leading with generosity and courage. Supporting this land

30:42transfer is an opportunity for our city to say we're serious about reconciliation, not just in

30:47words but in action. I urge the committee to support the severance and to recognize it for

30:51what it truly is, an act of reconciliation, relationship building, and community healing

30:56that benefits us all. Thank you very much. If you want to hold still for a moment,

31:03my colleagues may have some questions. Committee members, do we have any questions for this

31:07delegate? Seeing none, let me thank you very much for your delegation.

31:14Madam Secretary Treasurer, do we have any other delegations?

31:17Mr. Chair, we do. The next is Julie Lobsinger. Good afternoon. Can you say your name for the

31:39record, please? Julie Lobsinger. And like the previous speaker, you have 10 minutes to address

31:46the committee. Well, good afternoon, Chair, committee members, city staff, and members of the public.

31:53As I mentioned, my name is Julie Lobsinger and I've lived at 31 Highland Road for 34 years.

31:59I spoke at the July 10th hearing regarding the original application to sever 47 and 87 Highland

32:06Road and the possible donation of 87 Highland Road to Crow Shield Lodge through a land trust.

32:12At that time, I and several neighborhood members raised concerns about how both thresholds

32:19and the potential donation of Crow Shield Lodge could affect the fabric of our community.

32:25I wish I could stand here today and say that things have improved since that meeting,

32:30but unfortunately, that is not the case. As you've already heard from fellow neighbors that have

32:35submitted their comments, they have been there have been negative impacts on our community.

32:41Today, I'd like to focus on three main areas of concern as we revisit this application.

32:48The first one being funding concerns and the redirection of funds by thresholds.

32:54The second one, the appropriateness of Crow Shield Lodge in a residential setting,

32:59and thirdly, issues with the proposed property management plan.

33:05I'd like to start with the funding concerns thresholds use of resources.

33:10Thresholds is a non-profit organization whose mission is to provide affordable housing

33:15and individualized community support for people experiencing and recovering from mental health

33:21challenges. According to thresholds most recent public filing on the Canada Revenue Agency website,

33:29the reporting period was ending March 31st, 2025. The organization's total revenue is roughly 17.23

33:39million. 13.4 million came from government funding, 3.7 million from other sources,

33:47and 28,700 from receded donations. Given that mandate and funding base, I must ask,

33:57why would thresholds purchase 4.34 hectares of protected land, protected wetland,

34:04and land that the city has preserved from development for decades, and then donated,

34:10valued at roughly 350,000 to another non-profit organization? This action appears unrelated

34:18to threshold stated purpose. Public and donor funds should go towards supportive housing,

34:25not to gifting land to another organization for its own use. This raises serious questions about

34:33financial accountability. Do government funders, clients, and donors know that their contributions

34:39are being redirected in this way? To me this appears to be a potential mismanagement of funds.

34:46I also note that the city's grant thresholds 1.5 million to build and operate 13 affordable rental

34:54units for seniors with mental illness at 14 Edinburgh Road, a project that is both commendable

35:00and necessary. I sincerely hope those funds are being carefully monitored because thresholds

35:07recent actions raise significant concerns about their fiscal responsibility. Secondly, I would

35:13like to touch base on the appropriateness of Crow Shield Lodge in a residential setting.

35:19Crow Shield Lodge currently operates from three other sites, near Dune Heritage Village,

35:25on a wooded property outside New Hamburg, and at Camp Kauaiwe near St. Clements.

35:32All of these locations are rural or secluded, not in residential neighborhoods. According to

35:39their website, Crow Shield Lodge uses land for healing practices and reconciliation,

35:44but including the erection of teepees, wall tents, teaching lodges, and sweat lodges.

35:50When I visited their site at Camp Kauaiwe, I saw these structures, as well as I saw an ATV,

35:57or a quad, being used on the property, and a porta potty on site. If similar activities take

36:04place at 87 Highland Road, where will motorized vehicles be permitted, who will monitor and

36:10manage waste and sanitation? Increased human activity will inevitably lead to noise, traffic,

36:17parking concerns, and overall disruption. Disturbing an area that is currently untouched

36:24and thriving with wildlife. The forest is home to deer, blue herons, wild turkeys, coyotes,

36:31foxes, rabbits, and many bird species. Introducing large groups, fires, and structures will alter

36:39this delicate ecosystem. We experienced this firsthand on Friday, November 7th, when Crow

36:46Shield Lodge and Threshold hosted a community land cleanup. Between 9.15 a.m. and 10 a.m.,

36:53traffic on our street increased dramatically, with cars speeding and parking along both sides.

37:00Just like to show you a couple pictures on that day, not a villa. Oh, okay. You can imagine

37:18the street. Our street's a very quiet street, but it was just abundant number of cars on both sides

37:25of the street on that day. Later that morning, I walked into the forest to see the cleanup for

37:32myself. At the main gathering area, I observed a fire pit and use with people standing around

37:40around it, having their hot chocolate. Knowing that open-air burning requires a permit in

37:45Guelph, I contacted fire chief Steven Good to confirm whether one had been issued. He later

37:52left a voicemail confirming that no permit had been granted. Here is his voicemail.

37:59City Guelph, 30 per cent, I'm calling on the 7th of November, 3.40 p.m. You can call my number

38:10for information about open-air burning, particularly, I can't disclose anything other than

38:17the City Guelph. From our perspective, I do not authorize any open-air burning. It's not permitted

38:24within the City of the Mets. There is zero tolerance to open-air burning. I believe that answers

38:31your question. Take care of the light. This is exactly the type of disruption and real bending

38:40we fear if this land is transferred to Crow Shield Lodge. Lastly, I would like to speak to the Crow

38:47Shield Lodge Property Management Plan. When I reviewed the Property Management Plan, the first

38:56thing I noticed was a factual error. It refers to 47 Highland instead of 87 Highland Road. This might

39:03seem minor, but it raises questions about how carefully the plan was prepared. It feels rushed,

39:10perhaps to meet the committee's recommendation from the July deferral. The plan also mentions

39:15collaboration with community members. Yet, when the November 7 cleanup was organized,

39:21residents were not consulted. We simply received a flyer three days before the event.

39:27Had we been asked, we could have pointed out that that date coincided with garbage and

39:32leaf pickup day, creating unnecessary congestion. Furthermore, one neighbor who introduced himself

39:39to Clare's Cachegie during the event, hoping to start a dialogue and a relationship, was dismissed.

39:46Other residents who have reached out with similar good intentions were also ignored.

39:51It's one thing to write about collaboration, it's another to practice it. Based on what we've seen,

39:57the actions do not match the words. The plan also includes tree removal and the development of new

40:04trails, both of which would require heavy equipment and would further disturb wildlife, vegetation,

40:10and the overall ecosystem. In addition, are permits not now required for tree removal?

40:19This raises a key question. Who will be responsible for ensuring that the commitments in this plan

40:25are actually carried out and monitored? In conclusion, I do not support the city staff's

40:33recommendation to approve this severance application with conditions. Before any approval is granted,

40:39the KIT committee should require evidence of the effectiveness of Crow Shield's large

40:44management practices at their other sites, an environmental impact statement assessing how

40:51their activities would affect the wetland, forest, and surrounding neighborhood, and finally,

40:57a clear accountability framework to ensure compliance with any approved management plan.

41:03Our neighborhood and this protected ecosystem deserve thoughtful consideration and due diligence,

41:11not a rushed decision that could cause lasting harm. Thank you for the opportunity to share my

41:19concerns today. Thank you very much for your presentation and if you want to wait right there,

41:27my colleagues may have some questions for you. Committee members, do we have any questions

41:31for this delegate? Seeing none, let me sincerely thank you for your thoughtful comments.

41:42Madam Secretary Treasurer, do we have another applicant or pardon me delegate?

41:47We do, Chair. The next is Adam Wright. Good afternoon. Can you state your name for the

42:09record please? You'll have to turn the microphone on. Awesome. Yes, thank you, Mr. Chair. My name is

42:16Adam Wright. Ladies and gentlemen, members of the committee, neighbors, and stakeholders,

42:23thank you for the privilege to speak this afternoon. As mentioned, my name is Adam Wright

42:27and I stand before you as a concerned resident and advocate for responsible land use in our

42:33community. I rise to respectfully oppose the severance application of 47 and 87 Highland Road.

42:40I believe the severance is not appropriate for the site, undermines community objectives,

42:45and carries unacceptable risk to local character, infrastructure, and environmental integrity.

42:51It brings no pleasure to oppose such a development as my neighbors, as my, and as well as myself,

42:57feel very strongly in favor of the mandate of Crochet Lodge and Threshold Homes and Supports.

43:03We respect what they are trying to do. I truly love to see the help they give society, some of

43:09society's most vulnerable people, but that is, they are commendable. In spite of those feelings,

43:15one must ask a key question. Does this severance application align with sound planning principles,

43:22municipal policy, and community expectations? I contend that it does not. Does this property

43:28meet the needs of Crochet Lodge for their proposed activities? I contend that it does not.

43:34After careful review of all the documentation supporting this application, there are some

43:38conflicts between documents that are not reconcilable. There were concerns raised at the Committee of

43:45Adjustment meeting on July 10th, 2025, by City Staff Member Jane Gurney, as well as Committee

43:50Member Jane Goodfellow, that have been ignored in the revised application. The Crochet Lodge Property

43:57Management Plan, as it is submitted, proposes on page seven to expand and improve a trail network.

44:10Page 12 of the Crochet Lodge Property Management Plan proposes activities such as medicine walks,

44:17and these activities are in direct conflict with the concerns of the Environmental Impact Study,

44:22as well as those of the mentioned Committee and staff members. City Staff Member Gurney stated

44:29on July 10th that construction of trails would generally not be permitted. Natural Resource

44:34Solutions, Inc., the environmental firm that conducted the Environmental Impact Study,

44:38has even recommended on page three of their report that a fence with no gates be installed

44:45along the northeast and southeast boundaries of 47 Highland Road to contain all residential

44:50activities within the Lodge. And I quote, the fence is recommended for the purpose of inhibiting

44:56any unauthorized entry into the adjacent natural features and to mitigate ecological disturbance,

45:02for example, trail formation and garbage deposition, end quote. The Environmental Impact Study was

45:12conducted on March 2018 for proposed residential subdivision, not for the use being proposed by

45:18this application in spite of a new study being a condition of approval. The vegetation community

45:24mapping in the study was completed on November 12th of 2013, which is over 12 years ago. The

45:31delineation and flagging of Woodland-Dripline Boundary was completed on September 5th, 2014.

45:36By recycling an old survey, which was made for a different client for a different purpose,

45:40they're not truly understanding the current state of the site and what is on it,

45:44nor respecting the requests of this committee made on July 10th. Another conflict with this

45:50application is the reduction in buffer zone. NRSI, who conducted the Environmental Impact Study,

45:56have recommended a reduction in the buffer zone provided continued residential use of Highland

46:01Road does not change. In no way does it address the proposed activities for 87 Highland Road.

46:08The submitted study specifically mentions species of amphibians, the woodthrush bird,

46:15and terrestrial crayfish as significant species. There are no protections specified for these

46:20species in the Property Management Plan, nor in the Environmental Impact Study, as it does not

46:25account for any activity whatsoever at 87 Highland. This recommendation for a reduced buffer zone

46:31was granted under false assumptions. At the Committee of Adjustment Meeting on July 10th,

46:382025, some concerns were raised about parking. These concerns are legitimate. Those concerns have been

46:48somewhat addressed at this current meeting by Brian Amiller of Van Hart and Surveys.

46:54My follow-up question, given the absolute gong show that we saw on November 7th,

47:01was from where will the shuttle go and why was that not used on November 7th?

47:07As stated by a neighbour, Julie Lobb-Singer, there was no consultation and

47:18the cars lined both sides of the street and it made our serene neighbourhood look more like

47:23the parking lot of Walmart on a Saturday morning. Had there been an emergency requiring first

47:28responder vehicles such as ambulances or fire trucks, they would have had great difficulty to

47:34make it through, as did the garbage truck that day. Our residents had to move the garbage bins to

47:41the middle of their driveways just so that in case the truck could get through to access their

47:47municipal services. To aid with the parking, the proposal is to widen the paved surface adjacent

47:59to 87 Highland Road. There's simply no way to do this without impeding on the buffer zone of the

48:04natural heritage land or impede on private property. After a short study of crochet lodge and their

48:10activities, it can be seen that all of their other sites have structures, be they permanent or temporary.

48:16Although no structures are proposed in their management plan for 87 Highland,

48:20in their application for consent, with the committee of adjustment,

48:24they claim municipally owned and operated water and sewage is to be delivered to the subject property.

48:31With no structures existing or proposed, I ask where will this water go? Why do they need water?

48:38Why do they need sewer? Sewer? Where will the pipes be installed? Who will pay for the installation?

48:44Will it be the applicant or the golf taxpayer? This property is at the bottom of a hill and to

48:50provide municipal sewage disposal at pumping station will also have to be installed. As you can

48:54see this gets very complicated very quickly. The next obvious question is where will the

49:00crochet lodge clients go to use the bathroom if there are no structures proposed as per their application?

49:06Another shortcoming of this application for consent to the committee of adjustment is the proposed

49:11use of the land in the application. The application claims the existing use and proposed use is vacant

49:19slash trees and that would be in this document here. Trees slash bush. Given the breadth of

49:26activity and number of participants proposed in the management plan, one can hardly call this

49:30consistent with the application submitted. To give consent to sever these two properties,

49:36the committee of adjustment must understand that they are setting the stage for potential human

49:39conflict between the clients of threshold homes and supports and the clients of crocheted lodge.

49:45Threshold homes and supports operates a long-term care home for individuals with

49:48severe mental health issues. One woman in particular who lives at 47 Highland suffers from

49:53schizophrenia and screams traumatic screams that can be heard from a great distance away.

49:58Given that crocheted lodge is focused on using Indigenous healing for vulnerable people,

50:02it is easy to see the two groups will conflict with their respective adjectives

50:06for the healing of their clients. All of the current residents of Highland Road purchased

50:11their homes along a street with R01 or R02 low density residential zoning. We have

50:18been forced to accept a long-term care home at 47 Highland Road which certainly pushes the

50:24boundaries of low density residential zoning. To make use of this property by such large numbers

50:29with such frequency would greatly conflict with the current zoning and intended use of this land.

50:35In spite of the large area of land at 87 Highland Road, less than a third of it would even be useful

50:41for the activities of crocheted lodge. It seems obvious that the usable land is not large enough

50:47for the proposed activities without incurring the adjoining properties. If you look on the

50:52Van Harten Survey Certificate you can see only one small corner of the land would actually be

50:58appropriate for their use. Crochet lodge can still carry out their mandate within the Guelph area

51:06that will have lower impact on the community and environment at different locations.

51:11There's suitable property available for sale at 8033 Side Road 10 which has 44.8 acres acres

51:18of field in Woodland. At 344 Maltby Road there's a nine acre hobby farm for sale that would suit

51:24their needs quite well. In summary my comments have shown that this application is incomplete and

51:30inadequate while less impactful properties are available at this time to carry out their valuable

51:36mandate. For these reasons I request a denial of the severance of this application. I respectfully

51:42ask the committee members to consider these comments when rendering their decision. I once again

51:48thank you for your thoughtful leadership in the service of our city. Thank you just under the wire.

51:55If you want to wait right there my colleagues may have some questions for you committee members. Do

52:00we have any questions for this app or delegate seeing none? I have taken a few notes so I will be

52:09following up with staff based on some of your comments so thank you very much. Thank you Mr.

52:13Chair. Do we have any additional registered delegates Madam Secretary Treasurer?

52:21Mr. Chair we have one other registered delegate the name is Dominica McPherson.

52:39Good afternoon can you state your name for the record please? Yes it is Dominica McPherson.

52:44As your neighbors have already experienced you have 10 minutes to address the committee.

52:50Wonderful hopefully I will not take that long. Thank you for the opportunity to speak to you

52:55this evening. I guess it's technically still afternoon. I'm joining you today in my role with

53:01the Gwelfam Wellington Task Force for poverty elimination. A collaborative of community partners,

53:06people with lived experience of poverty from across the city and organizations working together to

53:12advance system and policy change to address the root causes of poverty. I'm here to speak in favor

53:17of approving thresholds home and supports land severance request. With the thoughtful intention

53:24and extensive consideration that has gone into this request I am confident that approving it is

53:30not only consistent with good planning practice but also grounded in care responsibility and

53:36collaboration. While I don't speak from a technical planning perspective it's clear to me that this

53:43proposal has been carefully reviewed including by conservation specialists and that the staff

53:48recommendation confirms the severance and transfer meet the necessary technical and regulatory

53:53requirements. I want to just express that I have utmost faith in the expertise of staff and those

53:59that are you know that hold the responsibility in regards to these planning processes and just

54:03want to express support for the work that went into this. This proposal reflects thoughtful planning,

54:08environmental stewardship and alignment with community benefit. This is not only a sound

54:14decision from a technical standpoint but also a decision of deep significance that you hold today.

54:21Not only for those directly involved in this initiative but for our broader community

54:26and our shared responsibilities to reconciliation and to the land. The proposal to sever and

54:32entrust the land to Crow Shield Lodge is a meaningful act of relationship and responsibility.

54:39It represents care in action providing space for effective land stewardship, ecological restoration

54:46and small-scale community activities that honor and protect the site. It will create opportunity

54:52for reconnection with nature, land-based healing and knowledge sharing not as a symbolic gesture

54:59but as a living expression of reconciliation and commitment to land stewardship. From my work in

55:07this community I know how deeply needed opportunities like this are not only in this neighborhood but

55:13across this entire city. Indigenous peoples are disproportionately impacted by poverty,

55:20a direct impact of colonization, anti-indigenous racism and dispossession from land. I hear often

55:28about the lack of accessible spaces for Indigenous-led healing, connection to land

55:33and cultural practice from so many in our community. Supporting this proposal not only helps to meet this

55:40critical community need, it also signals commitment to being a welcoming and caring community,

55:47one that values and supports Indigenous organizations and future projects rooted in healing,

55:53relationship and care for the land. This decision here today is not just about the proposal in

55:59front of us but will have implications for our ability as a community to build relationship

56:03and commit to reconciliation moving forward. Thresholds in Crow Shield Lodge bring deep

56:09experience and strong commitment to their work. Thresholds provides vital housing and

56:14supports helping people live with dignity, stability and belonging. Crow Shield Lodge

56:20offers invaluable opportunities for land-based healing and cultural connection which as I mentioned

56:25are so badly needed in our community. Together they demonstrate what it means to act with purpose.

56:34This proposal represents the connection between caring for people and caring for the land

56:39and the ways in which both are essential to a healthy thriving community.

56:45Approving this request is an opportunity to affirm our values as a community,

56:50one where we provide care for those in need, one where we honor relationships with Indigenous

56:57communities and one where we act responsibly to nurture the well-being of people and land together.

57:03I strongly encourage the committee and thank you for your time and consideration today

57:08to support this application. Thank you. Thank you and if you want to wait right there

57:16there may be some questions. Committee members do we have any questions of this delegation?

57:22Seeing none let me thank you for your delegation. Madam Secretary Treasurer do we have anyone

57:29registered online? Mr. Chair we don't have any other registered delegates but there may be some

57:35in the audience. Okay that's my next step so the first order of business is if there's anyone in

57:43the chamber who would like to speak to this application please make your way to the microphone.

58:00Speak. Good afternoon. First let me ask you to state your name for the record. My name is Laura

58:06Murr and I'm a long time you have 10 minutes to address the committee. Oh thank you. My name is Laura

58:13Murr and I'm a longtime resident of Guelph. I've been involved in a lot of city committees

58:17that have gone out to protect the nature of our city and I believe that I support this application.

58:24I believe it will be it is compatible within a natural heritage area. If you go to certain places

58:31like Preservation Park for instance it has been there's been a lot of destruction in the park

58:38because there has the city of Guelph has not been a very good steward of its natural heritage areas.

58:43So I think that I think that I mean this is to me First Nations people it's it's enshrined in their

58:52culture to take care of the natural environment and all the animals and the habitat and the trees so

58:58I think this will this is and I understand the neighborhood concerns but I think that people

59:04need nature in Japan and other places we now have forest bathing that reduces people's stress just

59:10by going out in the forest because the forest actually releases chemicals that help us calm us down. So

59:16I think the use of this land for that purpose for the residents of the home and the other people in

59:22the city is very important and therefore I support this application. Thank you very much for your

59:29delegation if you want to hold there just for a moment I'll see if my colleagues want to like

59:35to ask any questions committee members any questions for the delegate seeing none again thank you very

59:40much for your representation um yes please come forward good evening can I uh get you to state your

59:58name for the record please good afternoon mr chair my name is randy golloy and mr balton you

1:00:04have 10 minutes to address the committee thank you I will not take that much time but I appreciate

1:00:10the opportunity to address both the chair and the committee of course my phone is just gone to sleep

1:00:17when I need it that's a common complaint I'm afraid yes I just have a couple of thoughts

1:00:28comments to make about things that I've heard and things that I've read today this evening

1:00:33before you get started let me just a remind and we'll stop the clock this is just a reminder

1:00:40for yourself and for others who may want to delegate um that we really appreciate if you're adding

1:00:47new comment yes rather than treading the boards of comments that have already been made you can

1:00:53address and and contradict or argue against those other comments but I'd like to be clear that you

1:01:01you should be focused on new information yes thank you no you're welcome I am reading directly from

1:01:10the application I believe it is point four that the application can be supported if it is reasonable

1:01:18and in the best interest of the community I guess my question here is what community are we talking

1:01:27about certainly it is not the community of this particular neighborhood that this is going to be

1:01:33in the best interest of it is a much far farther reaching community which I can understand but it

1:01:41is not the best interest of this particular community that we live in and call home

1:01:49just briefly again I believe the delegate from van harten stated that they will be having these

1:01:58things 30 40 people and that shuttles will be brought in as my neighbor has so diverse have

1:02:07so put already the traffic that this congestion caused for the cleanup I would just like to mention

1:02:15that this also involved students from a local school as part of their community service their

1:02:21volunteer work buses were brought in to bring those students in and yet our street was still

1:02:28solid both sides of the road with parked cars so while a shuttle may alleviate some of the traffic

1:02:37I do not see it eliminating all of it as we all know that you can't make it to the shuttle in time

1:02:44you're going to be driving or just for convenience sake you're going to be driving

1:02:48so again a shuttle may be helpful but I do not see it completely eliminating the need

1:02:55for parking on the side of the road definitely creating a danger as there are children to play

1:03:02here and darting out in front of or between parked cars now they're on a street with a lot of extra

1:03:10traffic running up and down the road and that is all I have thank you no thank you and if you want

1:03:18to hold tight for a second I'll ask my colleagues if they have any questions committee members any

1:03:25questions seeing none again thank you very much for your presentation are there any other members

1:03:35of the gallery who would like to speak yes please come forward good evening can you state your name

1:03:49for the record Scott Jameson and I'm at 42 Highland we moved in April the second and into a very

1:03:58quiet street we thought I just some housekeeping you have 10 minutes to address the committee I

1:04:03won't take that long okay I just uh since we we've moved there we've noticed the traffic is really

1:04:09increased uh you know what I've got nothing against what the accroshield is trying to do but it's

1:04:14definitely the wrong place if I can ask if any of you council members have ever been down Highland

1:04:21you should at your earliest convenience and have a wee look and see if this makes sense to you I'm

1:04:2878 years old I don't need all the stress I'm getting from this I feel like a mushroom I've been kept in

1:04:35the dark and fed a lot of fertilizer it's it's getting to the point where we don't know what

1:04:40they're doing they're giving us little dribs and drabs oh tomorrow this is going to change

1:04:45or we're going to add something else I don't know what they're doing they'd probably get along a lot

1:04:50better if they actually said what they're doing so anyway that's basically all that I want to say

1:04:55it's just uh it's not the right place there's lots of farms around here they could use help

1:05:00and they have the space to contend with buses and everything else we we've never heard any stories

1:05:05about how many people are going to be arriving we're going to have greyhound buses pulling in every

1:05:09five minutes every weekend it's it's just not the place the animals are already disappearing from

1:05:14down there I haven't seen any wild turkeys since we moved in now I don't know if they're gone or

1:05:20what's going on down there but mother nature is the best arbiter of of of the earth than anybody

1:05:26don't know people are as good as the mother nature anyway thank you very much for allowing me to have

1:05:31my little short comments here oh you're welcome just stand by for a moment committee members do we

1:05:37have any questions for the delegate seeing none um thank you again for your thank you consider

1:05:43opinion is there anyone else in the gallery who would like to speak to this application

1:05:51yes please come forward good evening can i ask you to state your name for the record please

1:06:01yes my name is Sydney Keeball and um as your neighbors have um heard you have 10 minutes to

1:06:09address the committee thank you very much um first i want to um address or uh introduce myself as we do

1:06:17um my name is Sydney Keeball I am of English and Métis ancestry and I am coming here today

1:06:25um as a member of Crochialed Lodge and um not only that as a member uh I do work at Crochialed Lodge

1:06:33however they have been supporting our community uh for uh approximately five years before I had

1:06:40started my journey and um part of why I would like to come up here today is to um well for one to say

1:06:51that I think that there is some misunderstanding um that could be cleared up by some communication

1:06:59as my co-workers know that is my favorite word um but I would also like to speak from my experience

1:07:05as working at our main site uh where we work out of in Victoria Park it is just outside Victoria Park

1:07:12in Kitchener and that is also a residential area that we work out of um in that location we are

1:07:19working out of a very old century home and in the backyard we have placed a shabbat one and um we

1:07:28have had no issues with our neighbors and actually have been making improvements to that piece of

1:07:34land um and that we do not own and I think um out of the things that have changed out of Crochialed

1:07:42Lodge recently we are more um have been doing more work with uh outreach and community members as

1:07:49like thresholds um we have a recent partnership with CMHA uh that has a dual role working with

1:07:59Crochialed Lodge but also with CMHA who works in Kitchener Waterloo and in Guelph and Wellington

1:08:05and with that position um one thing that we've identified very quickly is that there are not

1:08:11there are not places to go um not just to have large ceremonies but for community members to

1:08:18go and be uh on the land and uh this I know that it is a change it is different for people um who

1:08:29don't understand and that is what I'm trying to say is that that is what Crochialed does we

1:08:36invite everyone in we call them in we don't we don't call them out as Clarence would like to say

1:08:42and um I would encourage people to to come and to sit with us on that land and do it in a respectful

1:08:49way the way that we wish to use this land um and we uh we aren't going to change this overnight

1:08:57it's not something that is going to immediately happen we're going to keep people out and I think

1:09:03that if people really had the chance and the openness to have that experience with us that you'll see

1:09:10that um it's the same for us as walking in a park or having access to an area that this is so so

1:09:17crucial to our healing to our being and to our relationships with the land and um yes that some

1:09:26of our sites we do have different types of structures we have um ATVs and those types of things those um

1:09:36all of those sites are actually partnerships none of those none of those uh other sites that

1:09:40people have mentioned like in New Hamburg um they are not owned by us we are guests on that land

1:09:48land that would traditionally be the people of this area um our New Hamburg site as another

1:09:55person mentioned is uh actually situated on a farm with a residential house on it as well

1:10:02and we throughout the years have created a very strong and beautiful relationship with that family

1:10:08and honestly seldom have issues um they have been so generous and welcoming to us and um to that we've

1:10:19been reciprocal and um honestly I do feel that um we would have the opportunity and not every not

1:10:29every site is treated the same um not every piece of land is treated the same and um yeah we would

1:10:37like I would like to speak on behalf of us and say that the the thought the plan that has gone into

1:10:45this um may seem rushed to some and I can understand that however um we we spend a lot of time a lot of

1:10:54time um caring for our sites being mindful of what is there um and I hear a lot of feedback from

1:11:04the neighbors is that um the land is fine the way it is the analyst can store the land and I was there

1:11:13for that cleanup and yes there was a lot of people however there was a lot more garbage

1:11:19than what I even anticipated as you could see um and it was really it was really sad and disappointing

1:11:26to see some of the comments that were made that um the land was you know pristine it was stewarded

1:11:33the way it is and ultimately the goal of putting this into a land trust is to preserve this land

1:11:39for future generations and the city will continue to change no matter where you are congestion will

1:11:46happen and things will continue to grow and change um however putting this into a land trust

1:11:53preserves this piece of land and allows it um to be there for not only you know our kids

1:12:01but our children's as well and um to us that's very important so um yeah I just uh I thank you for

1:12:09all of your time and I hope that there can continue to be respectful and honest conversations

1:12:15about this piece of land because um we are very much looking forward to continue to see it thrive

1:12:23thank you very much and um committee members do we have any questions for this delegate

1:12:29seeing none thank you again thank you appreciate your time good evening can you state your name

1:12:49for the record please it's jack um I live at 35 Highland road basically since 1972 when my father

1:12:57sorry I didn't catch your name Francis jack thank you and you have 10 minutes to address the committee

1:13:03yes I'd like to address the committee um 1972 my father built the house at 35 Highland road

1:13:10so I've been there on and off for a long time we have a lot of wildlife we have a lot of deers

1:13:16I've seen the turkey vultures they come in their seasons I guess everybody here that lived on

1:13:23Highland road knows that the street has become don't like to say a racetrack but speed is a

1:13:30problem also like to say that our street is basically the last one to be cleaned for snow

1:13:36removal it becomes an ice hill so if you don't know the neighborhood you're going to get to

1:13:43know the neighborhood with the ice hill that farms in the winter so I'm I love this neighborhood

1:13:51I don't want to see it disrupted children come and they do the bicycle field and the hills and

1:13:58the ramps and whatever and that's all I want to say it's just it's a racetrack well thank you very

1:14:05much and just hold still for a second committee members do we have any questions of this delegate

1:14:12seeing none let me again thank you for your thoughts on this are there any other members

1:14:19of the chamber who would like to speak to this application

1:14:25seeing none madam secretary treasurer are there any online or by a phone who would like to speak

1:14:32to this mr chair I can confirm no other delegates thank you very much at this point I will ask the

1:14:41the applicant if um have any comments based on some of the

1:14:48the issues that were raised by the members of the public um yeah I can do that uh so there's a

1:14:55couple comments that were I'm not sure where they came from uh road winding we're not proposing that

1:15:00at all there was a road winding taken in front of the property as part is the last severance

1:15:06but there's no intention to widen the road as part of this application

1:15:10for services we're not proposing an extension of city services to the site you know either water

1:15:15or sewage um and that's kind of all I have for that thank you um just hold still and see if

1:15:26my colleagues have any questions committee members do we have any follow-up questions

1:15:31uh seeing none um you addressed one of the issues that I I had here which was um

1:15:41the sewer and water issue so thank you for that um yeah the other question was a shuttle

1:15:52and I understand that that's proposed as an ongoing as programs dictate and so um

1:16:01I wonder if you could speak to that a little bit yeah absolutely so as has been brought up quite a

1:16:06few times tonight the street is a dead end it's smaller um a lot of people use the parking on

1:16:10either side like I've been to the site a few times so we're trying to not create more issues there

1:16:16and bring in the shuttle just to drop people off pick people up one of the events done we're not

1:16:20looking at intense programming um like they're very small events they're not going to be huge in nature

1:16:26understood thank you and uh one of the questions that was raised regarding the stop shuttle is

1:16:33where would you shuffle from um perhaps the yeah so probably like a larger parking lot like a

1:16:38municipal lot um or like a main area that has the parking to accommodate those cars and then

1:16:43they would just come drop them off come back when the event's done okay that's awesome thank you very

1:16:48much um yes member good fellow yes actually I do have a couple of questions I've been sitting here

1:16:53figuring out how to summarize them up um so through the chair I think to the applicant first

1:16:59there were some comments about you know the programming may not be suitable for a residential

1:17:04neighborhood uh can you just comment on maybe the variability or the differences in programming

1:17:11that you're offering that your client is offering at their different locations and how it varies

1:17:16based on the location yeah so as they were kind of spoke to uh there are structures at the other

1:17:21locations where they do have uh sweat lodges and other accommodations for different programs these

1:17:27are designed to be low impact because the nature of the policies and the nature of the site uh so

1:17:32these are supposed to be hikes basically it's the very simple term I can use um and guided hikes at

1:17:38that or sitting around in a circle and talking about uh different topics as is a sharing circle

1:17:44so they're not meant to be intensive like those other properties are okay thank you that's helpful

1:17:51and if I have some additional questions um I think there's also been uh some comment about

1:18:00development of the land and I had an earlier question for city staff to that in that vein

1:18:06my reading of the site development plan or sorry site management plan suggests that those are

1:18:13future activities those are not intended for immediate terms um and that my reading of it is that

1:18:21those would be done in collaboration with the city and that appropriate permits would be obtained

1:18:26if needed and impact studies etc so I just I just wanted to confirm that that is also uh I am reading

1:18:33that correctly and that that is the true intent that is correct we are leaving the site as is we

1:18:39will work with city staff for future expansions if it's required or warranted okay thank you um and

1:18:46to the chair I do have a couple of questions for staff if it would be appropriate now this is

1:18:50probably a good time to ask city staff yeah okay uh so through the chair to staff um lots of

1:18:57questions and comments about parking uh not surprising considering the quiet nature of the

1:19:03neighborhood um and that you your team had put together some comments about parking I was wondering

1:19:10if we could pull up an image or the figure and could I get a clarification from you on the I think

1:19:17there was a reference to a narrowed section of roadway that was not appropriate for double sided

1:19:23parking but perhaps an area of the street where parking may be a little um easier to facilitate

1:19:31and I just have a couple of questions on that um if if we could just pull up a figure there

1:19:53yes thank you appreciate this um so your comments about the narrow section can you help me locate

1:20:01that on a figure so I kind of understand when because there was an earlier photo shown by one of the

1:20:08delegations of parking on both sides of the street and um just trying to understand where

1:20:14that picture was taken relative to the staff comments about parking in the narrowed section

1:20:21certainly um uh through the chair to remember good fellow the the section of the road that I was

1:20:27referring to in my comments just speaking to the narrow part of the road um if you can see in front

1:20:32of the um the piece of the subject property that is the existing dwelling at 47 Highland

1:20:38right in front of that is approximately um I'll call it to the west of there is a what I would

1:20:44consider to be a standard road design with full curb and it's anticipated for parking there I believe

1:20:50in front of 47 Highland it appears to transition just for the frontage of that

1:20:55lot only to sort of what I'll call a semi urbanized road design so it looks to be about the same

1:21:02width of asphalt but then suddenly the curb curb no longer is there and then at the limit that is

1:21:10proposed for the severance between 47 and 87 Highland so I guess it would be right to the left

1:21:14of the capital H for Highland Road in the road there um it's still technically on on paper it

1:21:21looks like part of a right-of-way but it's not designed and built as a road that's commonly used

1:21:27it looks more functionally almost like a driveway I believe it provides um a connection to the

1:21:34entrance to the property I think it's number 66 at the top of the page to the northwest

1:21:40of Highland Road so it sort of functions more of a driveway to get to that property and I just

1:21:46noticed and that's why I mentioned it in my comments although parking isn't really part of the

1:21:50severance application per se I noticed that in the lane management plan I think it had suggested

1:21:55potential parking here and there but in that little section of land approximately where the word

1:22:01Highland Road is it's probably doesn't have enough physical room for parking although from a quick

1:22:08review of the traffic bylaw I do believe that parking as far as I can tell um Highland Road is

1:22:14not included in schedule Y which is the no parking zone so I believe as far as I understand it the

1:22:20rest of the road does permit it but I would suggest that people follow the signages that are available

1:22:25on site just to be sure okay thank you um and through the chair you went kind of where I was

1:22:31headed which is uh so with the different uh road widths and construction like what are the rules in

1:22:39place in on Highland or parking is it parking permitted on both sides of the street only on

1:22:46one side of the street and I apologize if you don't know but I'm just trying to help understand

1:22:51that for myself certainly again to member a good fellow through the chair um I just want to preface

1:22:57that I'm not a traffic expert per se but I've done a little bit of reviews because I understand it

1:23:01was a topic of interest here I believe that the traffic bylaw is structured um in terms of

1:23:09restricted parking areas time restricted parking areas and parking on one side of the road

1:23:13I don't see any of those restrictions in here again I want to emphasize that I'm not an expert

1:23:18and I haven't visited the site so I haven't observed the signages for myself but from what I've seen

1:23:24in the traffic bylaw I believe that it's open to parking on both sides at least that's my

1:23:29understanding on a quick review okay thank you that was really helpful I appreciate it I think I'm good

1:23:36thank you um member Fitzpatrick through you chair to staff um I recall this file from

1:23:44the from the July meeting and we had deferred it because there was going to be conversations

1:23:48about the temporary structures and coming up with a more manageable plan for how the land was going

1:23:55to be used are you all satisfied that that's that's been met? The chair to member Fitzpatrick so our

1:24:09environmental planning staff have had uh or discussions with the applicant uh and they

1:24:14have gotten to a point where planning staff are satisfied that the proposal meets the official

1:24:19plan policies of the natural heritage system designation and for that reason staff are are

1:24:25satisfied in that regard yes okay thank you and follow up through you mr chair to the applicant

1:24:34so it are the lands to be retained that are being severed off the 4.34 hectares are they currently

1:24:42being used for the function and for the the services that are being proposed in this this

1:24:48application? No they are not currently being used although they could be without the severance but

1:24:54it's not like the path that we're going for is reconciliation which is why the servants is proposed

1:25:04any follow up? No okay um I guess the only question I have for staff is in regards to zoning and um

1:25:24my understanding is that the zoning in play is in place for both uses am I up to lunch there?

1:25:35To the chair if you're speaking of the group home use on the one property yes that is a permitted

1:25:40use in both the rl1 and rl2 zones in addition to supportive housing is permitted in all of our

1:25:48residential zones and um the um other property sorry I don't have the exact zoning upgrade

1:25:58this moment but yes like passive recreation type uses hiking thank you okay thank you and um

1:26:10um just as a follow up um one of the delegates asked um pointed out is this in the best interest

1:26:19of the community and so it's something that we always have to balance on committee of adjustment

1:26:24is that very topic um and professional staff have have given their uh their opinion um is there any

1:26:33further um and is there any further um comment that staff would like to make regarding that point of

1:26:43view? Sure thank you Mr. Chair so I think I'd like to remind the committee that this application

1:26:50is specifically for the severance that's being proposed as you've noted and as as Kelly noted the

1:26:55use that is existing at 47th Highland where the dwelling is is permitted as of right and the use

1:27:01as proposed in the land management plan for the uh retained parcel the woodland wetland parcel

1:27:06is also permitted as of right so what is here to be discussed today is the severance itself not the

1:27:12uses that are proposed or existing on the site so when staff evaluate those four points including the

1:27:18is it in the best interest of community of the community point we're looking at it

1:27:22from the perspective of the severance itself not the uses that are proposed or existing on that site

1:27:28and when we look at it from that perspective there's nothing new that is proposed to be built

1:27:32as a result of that severance um and it does meet all of our zoning and official plan policies so

1:27:38for that reason we don't see any reason to not support such a proposal and um I guess I'd just

1:27:47like to point out that there is no minor variance attached to this this is just a consent agenda

1:27:57after you mr chair that is correct yes okay thank you um any other questions or comments

1:28:05we spent a lot of time on this and I know there's a lot of community interest

1:28:10so um before we move into committee I'm going to ask one more time if there's anyone either online

1:28:15or in the chamber who would like to speak to this application yes please I believe you've

1:28:23had an opportunity sir I'm sorry that's not that's not how the the committee works I'm afraid

1:28:31if there was anyone else who would like to speak I'd like to have their

1:28:36two cents I'd give them the opportunity um yes please come forward um please state your name

1:28:58for the record please my name is uh Steve Wilson and it'll allow 10 minutes so please go ahead

1:29:06good afternoon committee and chair I had nothing planned really to say other than the fact that

1:29:13that being a resident of uh Pylon Road for the last seven or eight years I think this comes down

1:29:20to an issue of not whether Crow Shield or or the threshold group what they're planning to do or

1:29:31what they want to do in society is to be commended what the issue is here in a nutshell is basically

1:29:38that our community is going to be disrupted and that's what we're concerned about is the disruption

1:29:46of this group coming in and as it's already been uh pointed out we've already seen that in the last

1:29:53few months since threshold took possession of the home at 47 Pylon Road so really this is about

1:30:02disruption there's no concern about what the intentions of these groups are in our in our

1:30:09community that's not a question here what is in question is the disruption that's going to do to

1:30:16a quiet community that is a peaceful community that's used to to having privacy we've already seen

1:30:29members of this group or residents of this group home in our community creating disruption

1:30:38I have personally I'm I'm sorry I'm going to interrupt you a little bit here okay um

1:30:43our purpose here our rules are pretty strict and part of what we're discussing discussing today is

1:30:52not use the uses that are in place are granted we're discussing and I discussed it with Mr.

1:31:00Rumpel that we are discussing a consent agenda to sever the law so if you could focus your comments

1:31:07on that please continue okay I will severing the lot will lead to the occupancy of uh Crow Shields

1:31:17groups and performances whatever you want to call it on our street that will disrupt the community

1:31:25I'm 74 years old I've been around a few years it will disrupt us it already has I don't really care

1:31:32about the severance I know that that's what you're here to do is to decide on the severance

1:31:37the most important part of this is how it's going to affect our community we have nothing against

1:31:42the agendas of these groups what we're saying is this is an inappropriate place to have this happen

1:31:48you've got tons of land in this in this city that's more applicable for their use I know it's not

1:31:55about severance but think about the OR lands provincially governed in this town how much room

1:32:00there is to give I'm sorry I'm I'm going to stop you at that point sir thank you very much thank you

1:32:06I've been I've been quite tolerant in and looking for um this community to express their opinion

1:32:16is there anyone else who would like to speak to this seeing none um I'm going to unless

1:32:24uh committee members have any questions of the applicant or staff I'm going to go into committee

1:32:29um committee members what is your wish member good fellow I move we approve the application

1:32:41with the conditions recommended by city staff okay do we have a seconder member membrano

1:32:48is there any discussion on the application yes member good fellow yes uh to you chair um

1:32:57and I feel compelled to add a note here just because I think my name was mentioned as one of the

1:33:02members who had some concerns that were raised from the prior meeting I did review this application

1:33:08again unfortunately my memory is not so good and so I did go back through this application very thoroughly

1:33:15and so with that view I felt that this application was quite complete and had addressed any of the

1:33:21concerns that I had um from the July meeting I felt that the site management program that was

1:33:28proposed seemed respectful it seemed to address these concerns that were raised in July and

1:33:33certainly my concerns as well so I just wanted to add that note to uh to my uh comments here

1:33:41thank you um any other discussion um we have a we have a motion we have a a seconder as well

1:33:53um if there's no more comment madam secretary treasurer I'll ask you to call the vote

1:34:00thank you chair committee members please indicate your vote by responding in favor or opposed to

1:34:04the motion which is to approve the application with the five recommended conditions chair smith

1:34:10in favor member fits patrick in favor member good fellow in favor member membranio in favor

1:34:18and member mir in favor that's carried mr chair thank you your application has been approved

1:34:39I'm just going to there seem to be a number of people leaving I'm just going to pause for a moment

1:34:43before we call the next application please actually um perhaps this is a good time for a five minute

1:34:51balance break okay we stand adjourned for five minutes I'd like to uh call the November 13th

1:40:51committee of adjustment meeting back into session madam secretary treasurer may we have the next

1:40:56application please the next application is file a dash 83 slash 25 variance to permit location of

1:41:06required parking space at 62 victoria row north all note for those attending remotely if you wish

1:41:12to speak to this application uh you can do so by calling the number displayed on the screen that

1:41:17numbers 519 822 1260 extension 2524 is the applicant in the chamber yes please come forward

1:41:34good evening can you state your name for the record please yes my name is ken beekendam from

1:41:39king holmes inc and i'm the agent and um me I need to ask you if the sign was posted as for the

1:41:47planning act uh yes it was and have you read staff's comments yes we have okay and are you in

1:41:54agreement with staff's comments respectfully we're not okay I thought that might be the case you have

1:42:0110 minutes to address the committee please make as much use of that time as you'd like okay so the

1:42:06variance that is before committee is for a reduced setback from the parking space to the street line

1:42:13and then also the location of a parking space so right now the intent of this application is to

1:42:20convert a small underutilized garage into another dwelling unit at this property we don't require

1:42:29any reduction in parking two parking spaces are required currently it's a double wide driveway

1:42:38and the driveway is actually quite long so from the building face to the city sidewalk we have 46

1:42:47feet now from the building face to the actual lot line is about 25 feet 7.66 meters right now as a

1:42:58property currently operates there's already two cars that park in front of the house the garage

1:43:06is not used like so many garages it's full of junk and is not used for actual parking space it is

1:43:14better used for more living space and that's what we're proposing our thoughts are that the

1:43:21provision of a six meter setback and one of those parking spaces be behind the front wall

1:43:28of the dwelling is increasingly becoming an outdated zoning provision in our cover letter we did

1:43:35specify three other local municipalities here that do not have that provision I could expand that

1:43:41list to probably over a hundred municipalities in this province if not more that do not have that

1:43:46requirement so although we respect staff's comments we do respectfully disagree with them just because

1:43:54we don't feel like it's in line with current trends within the province we don't feel like it's

1:44:00meeting provincial policy like the city's current bylaw because it goes against the intent of trying

1:44:09to actually create more housing in the city this is a very low hanging fruit opportunity when it

1:44:15comes to adding another unit it won't take much work to actually install the unit in the garage

1:44:23and it will meet all the requirements of the interior of the interior building code so it will

1:44:27be safe and habitable and when you drive past the house now and when you drive past the house

1:44:34once this project is complete the only difference you'll see on the front is instead of a garage door

1:44:40you'll see a nice window everything else you're going to remain the same the driveway size is not

1:44:46changing there's two cars parked in front of the garage right now that's not changing nothing is going

1:44:52to change as far as the look and feel and so staff's comments here as to why they're denying the

1:44:59application was basically and I'll say what they said so the general intent and purpose of the

1:45:08zoning bylaw in a restricting parking space location within the front yard is to allow for a

1:45:13consistent streetscape that is not dominated by parking spaces and garages and to ensure parking

1:45:20stalls do not negatively impact the public realm and so with our application we're not changing

1:45:29anything about the look of the current property like when you drive past it it's going to look the

1:45:35exact same so this is where we argue that we're not making we're not negatively impacting the

1:45:41streetscape whatsoever and they're saying that the proposed off-street parking spaces would dominate

1:45:48the front landscape of the existing dwelling the current situations we have two cars up parked

1:45:53there now and the situation after we're done is going to be the exact same so we don't feel like

1:46:00we're going to be dominating the streetscape with cars we're not adding any more cars to the property

1:46:07so that's basically our presentation we feel like it should be pretty routine straightforward

1:46:13minor variance however you know we do respect staff's comments but we just respectfully disagree

1:46:20thank you very much if you want to wait right there my colleagues may have some questions

1:46:24committee members do we have any questions of this applicant member Fitzpatrick through you

1:46:31mr chair the the garage as it stands now you say is full of junk and stuff is is that the tenant

1:46:39stuff or is the landlord stuff for how is it used now i can't comment on that i i don't know um i don't

1:46:49know uh any follow-up sorry i'm no i'll wait till staff um any other questions for this applicant

1:47:06seeing none thank you um but if you want to wait in the wings here uh we'll see if there are any

1:47:13delegations who would like to uh comment on this application um is there anyone in the chamber who

1:47:20would like to speak to this application seeing none madam secretary treasurer do we have any

1:47:27registered delegations or anyone online mr chair i can confirm no other delegation requests okay um

1:47:37i i guess there's no point in calling the applicant back since there is nothing to refute other than

1:47:43what was uh part of his presentation um does staff have any um presentation that they wanted to bring

1:47:51forward uh to you mr chair members of the committee staff do have a presentation for this application

1:48:00please go ahead to you mr chair members of the committee the application before you today is for

1:48:06requested variance at 62 victoria road north as the applicant mentioned in their presentation

1:48:11they're proposing to permit one required parking space to be located a minimum distance of 0.84 meters

1:48:17from the street line and to the front of the front wall of the dwelling the applicant is

1:48:22proposing to confirm the existing garage in the dwelling to an adu and two legal parking spaces

1:48:29would be required for the proposed adu and the existing dwelling the zoning bylaw requires

1:48:35that one required parking space shall be located a minimum distance of six meters from the street

1:48:41line and to the rear of the front wall of the main building and as the applicant mentioned

1:48:46the in general intent and purpose of the zoning bylaw in restricting parking space location within

1:48:51the front yard is to allow for that consistent streetscape and additionally to ensure that

1:48:58adequate space is provided for access and maintenance on the public wide right of way

1:49:03while staff believe that the proposed adu is sorry it would facilitate gentle intensification

1:49:10and is permitted in the existing zone the proposed off-street parking spaces would

1:49:17dominate the front landscape of the existing dwelling and while the requested variance is

1:49:23desirable for the appropriate development of the lands it does not meet the general and purpose

1:49:29and intent of the zoning bylaw and is not minor in nature therefore staff recommend refusal of

1:49:35application a dash 83 slash 25 however should the committee wish to approve this application

1:49:43staff have no conditions to provide at this time okay thank you I do have a question

1:49:52but I'll just ask my colleagues if they have any questions to follow up committee members

1:49:59any questions of staff yes member Fitzpatrick through you mr chair so if I heard correctly

1:50:06if that was an existing adu application and there was space behind the front wall whether it was

1:50:14the side yard there'd be no question about allowing that through the chair to member

1:50:21Fitzpatrick that's correct okay thank you and subsequently through you mr chair um

1:50:28if this property did not have an existing garage what would that what would that ruling be look like

1:50:37or what would this request look like through the chair to member Fitzpatrick I believe in

1:50:44that situation uh the one of the one uh sorry one of the legal parking spaces would

1:50:52still be required to be behind the to the rear of the front wall of the building

1:51:03so for clarification if if this was an existing structure that did not have a garage

1:51:12and they wanted to put a second unit in there they would be required to find a way to put

1:51:17a spot behind the front wall is that is that my correct understanding through the chair to member

1:51:26Fitzpatrick um houses I want to say since the 70s in our zoning bylaw minimum I don't know exactly

1:51:33how long it has had that regulation to have the first legal parking space behind the front

1:51:39wall of the house that's either within a garage at the side of the house there are many properties

1:51:45built 100 years ago in our older downtown area where um there's a parking space in front of the house

1:51:54or the driveway is really narrow maybe 2.5 meters and cars don't utilize that where there's no legal

1:52:02parking space for an existing house I do preface it almost always in the older older downtown area

1:52:12therefore no parking spaces are actually required so ad use that's to allow ad use in our older

1:52:18downtown area as well where a house doesn't have a legal parking space thank you thank you member

1:52:29Fitzpatrick any other questions of staff member Ross through you mr chair to staff so if I understand

1:52:39it correctly then the zoning bylaw section that's referred to in the staff report is not uh does not

1:52:46apply to the entire municipality then there are certain areas where uh this requirement to be behind

1:52:56the front wall is not in the zoning bylaw through the chair to member Ross it is in the zoning bylaw

1:53:05for every property it's for existing properties where there's a caveat to that requirement to the

1:53:12requirement of having legal parking space it's for existing properties where a legal parking space

1:53:18was never built then we allow no parking required for the ad use thank you any other questions

1:53:31member good fellow uh yes through the chair to city staff um I think in your comments you noted that

1:53:38you know of our four tests here for a minor variance um it was desirable it met the intent

1:53:45of the zoning bylaw and the intent of the official plan if I'm following correctly but that there was

1:53:51the the concern was around whether it was minor in nature through the chair to member good fellow

1:53:59that is incorrect the it does it does meet the uh test for the for desire as being desirable for

1:54:07the appropriate development of lands and it does meet the general purpose intent of the

1:54:11official plan but it does not meet the purpose and intent of the zoning bylaw and is not minor in

1:54:17nature okay so it meets two of the four tests it's two of the four tests okay I appreciate that thank

1:54:23you um when it comes to sorry if I may follow up yes so through the chair um the the minor in nature

1:54:33I guess I'm interested to understand your perspective on why this may not be minor in nature and I

1:54:40and I know we've been kind of talking about some of the details of this and you may have

1:54:44already answered the question but if you could just put it in the context of why in your opinion

1:54:50this is not minor I think that might help me out through the chair to member good fellow

1:54:57as the zoning bylaw requires that setback of six meters and the applicant is proposing a setback

1:55:04of only 0.84 meters seems like quite the deviation from what the zoning bylaw requires and that

1:55:10is where our justification comes from in terms of it not meeting the general intent and purpose of

1:55:15the zoning bylaw and um as I mentioned the intent of that provision is to ensure the adequate sorry

1:55:23adequate space is provided for access and maintenance on the public right of way and that is why uh the

1:55:31zoning bylaw has the provision in place for six meters okay thank you um and maybe just a follow

1:55:38up here let me just think for a sec if I can um so the access you know there are already two

1:55:46parking spaces at the front it sounds to me like they are permitted under the current

1:55:53zoning bylaw for there to be the two spaces at the front as it currently stands so

1:55:59is there how does that fit with the need for access like if there are already two spaces there

1:56:05and those are legally permitted I'm just struggling to understand how we are talking about a change

1:56:12here from the access compared to what is already in place through the chair to member good fellow

1:56:26so the the provision in question here is the one that requires at least one parking space or the

1:56:31first legal parking space to be behind the front wall of the dwelling there is no um debate about

1:56:36whether or not this meets the minimum requirement for parking spaces that that isn't an issue in

1:56:44this case it's specifically for the location of that first parking space and when it comes to the

1:56:50intent of the zoning bylaw as passed by council there was a thorough review of the zoning bylaw

1:56:55that took place over the course of many years and resulted in the 2023 zoning bylaw that was passed

1:57:00in April of 2023 um council at that time had an opportunity to remove that provision if that's

1:57:07something that they decided was an outdated provision or it wasn't necessary any longer

1:57:11and they opted to keep that provision in if that was important to keep uh to keep at least one

1:57:16parking space behind the front wall of the dwelling and for that reason it's it's difficult for staff

1:57:21to see this as a situation where it meets the intent of the zoning bylaw and ultimately that's

1:57:26what we're here to to discuss is those four tests and whether it meets the intent of the

1:57:29zoning bylaw specifically okay yes thank you and maybe just to follow up if I can uh that

1:57:36clarification is helpful um I think my question perhaps is more around um the the access comment

1:57:44and if the space is behind the front wall to permit access for maintenance and I believe access for

1:57:51emergency vehicles I'm just kind of interpreting here I'm just I'm again I'm just trying to understand

1:57:59if I'm just I'm still a bit confused how the two vehicles in the front already parking

1:58:08versus having one of those vehicles back in behind the front wall plus two vehicles out of the front

1:58:13I don't understand I guess how there is a change in access uh that would be a concern here

1:58:22maybe I'm just not understanding the access component of this

1:58:32through the chair to member good fellow uh so if I'm understanding the application correctly

1:58:38the existing garage is essentially being used for storage right now but that it in its current

1:58:45use could be used as a legal parking space which if it were to be used sorry so essentially the way

1:58:56the zoning bylaw is written in the way the property is in the existing it is permitted the way the

1:59:02parking is the parking situation is configured but by removing the use of an attached garage as a

1:59:11legal parking space and converting it to an ad u that is that is where we have now both

1:59:17both vehicles and or both legal parking spaces in front of the front wall of the building and

1:59:23that's where it doesn't be the general intent of the zoning bylaw so even though now in the current

1:59:28state we see both vehicles being used in the front yard technically one of those parking spaces is

1:59:36is um illegal I guess you could say or legal not conforming okay so I think thank you that's the

1:59:44aha I did not realize that I understood that both of those current two parking spaces that I can

1:59:50visually see when I drive by that those were both legally permitted but what I'm hearing now is that

1:59:55maybe not that one of them should be in the garage and the other one should be in the front

2:00:00okay big not okay thank you appreciate your time to sort this out no it's all good um any other

2:00:10questions of staff um I have one and I I don't want to uh mow this lawn a whole lot of times

2:00:20but given that there are two parking spaces presently um does that fall within the um

2:00:31the maximum driveway width as constituted or would that have to be another um request

2:00:43to the chair I believe the um there wouldn't be need to be an additional variance or anything of

2:00:49the sort for uh to extend the width of the driveway I believe there is sufficient space

2:00:56based on the site plan for two legal parking spaces okay thank you any other questions

2:01:06seeing none um I'm going to ask I've already asked for delegates we didn't have any delegates

2:01:15we've had the staff's presentation I'd like to ask the um applicant to return to the microphone

2:01:21if he has any uh comments uh based on the discussion we've had uh yes so again we just

2:01:35respectfully disagree with the fact that you know that parking spot should be in that garage

2:01:43when we know full well across this entire city many people don't park in their garages they park

2:01:49in front of their homes and they have two cars side by side and we're not asking for anything

2:01:55extravagant here we and the minor part of that 0.8 meter setback from the from the property line

2:02:04we also have an additional 6.48 meters until we hit the municipal sidewalk another 20 21 feet so

2:02:12there's plenty of room for you know municipal service providers to access the street to access

2:02:19to right of way we are not asking for any more cars just the two that are currently there

2:02:25there's still plenty of space for any work to be done if needed in the city right of way so we

2:02:31still feel like this is incredibly minor in nature and like I said you drive past this house you

2:02:36won't even know what's what's going on it's it'd be very simple project that's it thank you

2:02:44no thank you and I would like to follow up on your comment just now with staff and that is um

2:02:52given the comment that uh it sounds like there's uh there's ample there's ample

2:02:59effective space between the city sidewalk and the front of the of the building we've seen similar

2:03:08applications that have been granted and conceivably most of those are in the older part of the city

2:03:16but does that in staff's view make this actually minor in nature the the effective

2:03:26driveway width sorry I said width I meant length to you Mr. Chair um that is a strong argument in

2:03:35the sense that there is quite a bit of space provided um from where the lot line currently

2:03:42sits on the property to the municipal sidewalk um essentially what what planning staff um have

2:03:50determined is that it doesn't meet the that that intent of the zoning bylaw and

2:03:57for minor variance applications they must meet the uh four tests per section 45 of the planning act and

2:04:04that's uh what we're arguing today is that while it one could argue that it could meet the test for

2:04:10being minor in nature given that ample space it would only be meeting three of the four tests

2:04:15as staff still remain the opinion that it when it does not meet the intent and purpose of the

2:04:21zoning bylaw thank you very much for that qualification oh yeah sorry go ahead thank you

2:04:28chair if I if I may add to that just um again coming back to the traffic bylaw that we're

2:04:31speaking about earlier I just wanted to clarify in case it wasn't known um that parking within

2:04:37the public property whether it be on what visually looks like an extra long driveway

2:04:43it's actually against the traffic bylaw the space where the widening has taken place is

2:04:48actually reserved for potential future widening of the road so at some point in the time the

2:04:52road design might change and that space may be occupied for a wider road and and it would no

2:04:58longer be there for parking in so if that's a question there isn't like space for a third

2:05:03parking space if that's what you were asking thanks very much for that qualification I do

2:05:09appreciate it um at this point committee members what is your wish I sense brooding

2:05:29member Ross um I'd like to move to um support staff's uh refusal of the application

2:05:38and can you um elucidate us on which one of the four tests you believe so uh based on the argument

2:05:47that staff has made regarding uh the intent of the zoning bylaw and that it doesn't meet

2:05:53that as one of the tests for approval and I think they were also saying it's not minor in nature

2:06:00is that your intent okay um we'll need a seconder for that a refusal remember mirror um do we have

2:06:09any discussion on this member Fitzpatrick through you mr chair I guess my struggle is that you know

2:06:22we're in a day and age where we're looking for additional living space and we're questioning

2:06:30whether you know we've already if there's three units if there's two units already in that property

2:06:36there's two cars parking there the third unit wouldn't require a third space and I had acknowledged

2:06:48that that legal space has to be behind the front wall but I'm going to argue it's unenforceable

2:06:57I mean is is the city going to instruct zoning bylaw enforcement on starting to count the

2:07:08number of cars in a driveway and say you you know you've got a garage you've got to use it so I'm

2:07:14struggling with I'm I get the you know the intent of that but I'm struggling with that and I I don't

2:07:21know that I can support a refusal of that thank you for that um any member Ross

2:07:31uh so I'm uh definitely see uh arguments on both sides of this application um and on balance uh I

2:07:43am going to support the motion uh that I've made uh to to support staff's recommendation to refuse

2:07:51based on the following so um council had an opportunity in 2023 as I understand it from

2:07:58staff they reviewed the zoning bylaw and they had an opportunity to make this change and they chose

2:08:04not to um secondly uh one of one of the staff has made the comment that um we really don't know what

2:08:13the future holds I'm paraphrasing this is not exactly what was said but my understanding is that

2:08:19we don't really know what the future holds in terms of the widening of Victoria Street

2:08:24so we'll at the end of the day this be an awkward situation if and when Victoria was widened I don't

2:08:34know the answer to that but on the based on an abundance of caution I guess I'm looking at it

2:08:40through that lens on the other side I understand completely the argument that it uh it fulfills

2:08:48other three tests and that this is the direction that uh the city is going the province is going in

2:08:54in terms of additional units for existing housing um I'm also thinking that this is this is Victoria

2:09:02Street which is uh a busy thoroughfare and is the argument that staff makes that uh it's important

2:09:12to provide a consistent street streetscape not dominated by parking space is that really as

2:09:18important here as it might be in other parts of the city so I definitely uh see both sides of the

2:09:26argument but um at any rate I put the motion on the table for discussion so that we could

2:09:33try to reach some conclusion on this one any other comment discussion um yes

2:09:45member good fellow um yes I am also struggling with this one um because for similar reasons

2:09:53to member Fitzpatrick's and I think I have uh satisfied myself that I think this is minor

2:10:00in nature relative to um many of the other applications that we have reviewed um and and

2:10:08but yes the intent of the zoning bylaw now has me very thoughtful and so member Ross your comments

2:10:13are very helpful I think in balance though I come down slightly on the other side

2:10:19I think this is a 4951 split um but I am not I I'm not able to support the motion as it has been

2:10:28presented at this point thank you any other comment um member Mir yeah I will support what Ross has

2:10:36already elaborated that is why I second it okay and um I I struggle with this as well um thinking

2:10:48well especially the effective driveway is minor in nature in in my opinion however I do um aside

2:10:59with staff and saying um potentially it might not be in the future and the city has a reason for

2:11:10putting that together um additionally as member Ross has said um city had the opportunity in 23

2:11:19to address this and so I will be supporting the motion if there's oh yeah go ahead remember

2:11:26right now I agree with your comments I think I'll support the motion I think the the council

2:11:34had the opportunity to review all these so yes well I think we've had a good discussion on this

2:11:43unless there's any uh furious other comments I'm going to ask our secretary treasurer to call the

2:11:49vote please thank you chair committee members please indicate your vote by responding in favour or

2:11:55opposed to the motion which is to refuse the application based on the comments made in the staff

2:12:01report um being the um application not meeting the two tests of the zoning bylaw the intent of the

2:12:09zoning bylaw and the minor in nature chair Smith in favour member Fitzpatrick opposed

2:12:17member good fellow opposed member membrane in favour member meir in favour

2:12:25and member Ross in favour that's carried mr chair um your application has been refused

2:12:39madam secretary treasurer may we have the next applicant please the next application is val a

2:12:46dash 82 slash 25 variances to permit increased front and exterior side yard setbacks and

2:12:53building height reduced parking spaces and permit location of loading spaces for proposed warehouse

2:12:58expansion at 345 handling creek boulevard I'll note for those attending remotely if you wish to speak

2:13:05to this application you can do so by calling the number displayed on the screen that number is 519

2:13:10822 1260 extension 2524 and lastly I'll also note for the committee's benefit that correspondence

2:13:17was received after the comment deadline from Laura Muir with concerns about the application and that

2:13:23correspondence has been circulated to staff and the committee members I see the applicant

2:13:30online is that correct that's correct mr chair jerry chisler here from mhbc planning agent for the

2:13:37welcome welcome can and you've stated your name and your and your relationship to this application

2:13:43so thank you can you tell me if the sign was posted as for the planning act yes it was mr chair

2:13:50thank you and uh have you read staff's comments and are you in agreement we have read the comments

2:13:56and we are in agreement um with that housekeeping out of the way you have 10 minutes to address the

2:14:02committee thank you mr chair i'll be quite brief um I I didn't see the correspondence that was

2:14:09submitted so I may have more comments once uh once uh I understand what the concerns might be

2:14:15I do think staff have described the project well in the report and we agree with its conclusions

2:14:21so I don't have too much to add on on that regard but I do have one request of committee

2:14:26um the front yard variance currently before the committee is for a 94 meter front yard setback

2:14:33whereas the project actually requires a 95 meter front yard setback unfortunately the error uh was

2:14:40made um prior to the application being submitted and it was simply a rounding error to round the setback

2:14:47down to 94 as opposed to up to 95 um once we had noticed the error we did contact staff to flag the

2:14:54issue um my understanding and staff uh perhaps staff can confirm this but my understanding was

2:15:00that there's generally no concern with increasing the setback um and it's it's also my opinion that

2:15:06the revised circulation notice isn't required in this case given how minor the change is going from

2:15:1294 to 95 something that would be basically imperceptible from the street especially at that great distance

2:15:20um and uh so our request would be at this meeting to to have that variance modified to a 95

2:15:27meter setback that's all Mr. Chair. Thank you um committee members do we have any

2:15:37questions for the applicant member Fitzpatrick. Through you Mr. Chair um and this may not be a

2:15:47I guess a fair question at this point if you haven't seen the comments but there was the

2:15:53one comment that was circulated was about the the berm separating them from the this property

2:15:58from the residential has that been addressed or have you addressed that? Um I through the chair I

2:16:08did not see the comments uh what I can say is that there is a berm currently along teal teal drive

2:16:14that will block that blocks the existing um warehouse building and loading docks and it'll

2:16:20block most of the um proposed loading dock as well um and on top in addition to that there's also a

2:16:27landscape buffer provided along that uh along that frontage um and I'm not sure from which sort of

2:16:35angle the concern is coming from I'm going to guess it's sort of from the potential the residential

2:16:39community to the north uh I guess it's to the northwest of the property um and if so there are

2:16:46a number of additional berms on the adjacent property um or sort of the intervening property

2:16:52between this one and that community. Thank you. You're welcome. Any other questions for this applicant?

2:17:06I'm surprised, remember good fellow, that you don't have a question.

2:17:15If there aren't any other questions of the applicant I'm going to ask staff if they have

2:17:21a uh a report. Yes, member Rumpel. Through you Mr. Chair I don't have a presentation per se

2:17:31but I will note that this application or this proposal has already been to the site plan

2:17:37committee and that's where these variances were originally identified. No decision has

2:17:42been made at that site plan meeting but in the drawings provided for that that application it

2:17:48is noted that the berm is proposed to be extended um further south I think it is to block the uh

2:17:55the proposed addition as well and I do note that the uh the comments received um bring up some

2:18:02concerns about an OMB settlement for this property a few years back and two of the concerns that I

2:18:08believe were brought up were one concerning concerning the berm and the other one was infiltration

2:18:14rates for uh like water landing on the on the subject property and this is something that will

2:18:20be reviewed during the site plan review process so far the comments that have been provided by

2:18:25engineering staff haven't indicated any concern about the this proposal's ability to meet that

2:18:30requirement but uh but site plan approval has not yet been granted and I will make sure to

2:18:36reach out to engineering staff to make sure that they are aware of that OMB settlement

2:18:41and take that into consideration before they finalize any of their comments for that process.

2:18:47Thank you and may I ask a housekeeping question um it's noted that there is a minor um

2:18:56discrepancy between what's being asked for and and um if we do approve motion I'm wondering how

2:19:03that gets captured. Mr Chair I can answer that question um for you we have talked to um the

2:19:12applicant about this situation unfortunately it was um um rounding error made there if the committee

2:19:19satisfied that no further public notice is needed for the 90 maximum 94 meter front yard setback

2:19:26versus the 95 meter setback then the committee could consider um going ahead and we would note that

2:19:32if this application is um approved that 94 meter um setback request.

2:19:39Okay thank you for that and um as I guess at this point if there's no more questions of the

2:19:47applicant um I turn to the gallery and see if anyone wishes to comment on this application.

2:19:55Yes please come forward welcome can you state your name for the record please.

2:20:09You're going to have to turn the microphone on sorry about that there you go it's on

2:20:13up now you turned it off. Okay on okay sorry about that. We're good okay sorry can you

2:20:18restate your name for the record please. Rest is Laura Mer and um you have 10 minutes.

2:20:23Thank you um I'm here tonight because I was a my late husband and I were signatories on the

2:20:30Ontario Municipal Board settlement agreement which was a long and very expensive process for everyone

2:20:37involved including my husband and I who contributed $50,000 into this into protecting the natural

2:20:44heritage on the site and I guess my concerns are is that is I'm losing my training I'm getting my

2:20:52senior moment here anyway um I think what's important to me and to us is that the settlement

2:20:59agreement is honored and the settlement agreement the most important things to us were the protection

2:21:04of the Downey Road well from polluting industries to the maintenance of recharge for the natural areas

2:21:12and also for the tributary A of the Hanlon Creek which I think is still cold water and with Brook

2:21:17Trout and also the protection of our neighborhood um so I did in my comments which I'm sorry that

2:21:27the consultant didn't see my question was whether the berm will remain which they said will but the

2:21:34berm only extends partway to from Teal Drive and doesn't go all the way to uh bet court so I would

2:21:40like to see the the berm extended if possible okay and condition condition eight that was condition

2:21:50six of our hearing but condition eight speaks to the post-development recharge infiltration rates

2:21:56that set were set on a block by block braces in the in the Hanlon Business Creek Park uh the

2:22:03environmental implementation report and set an impervious cover of 85 percent I'm not sure if that

2:22:10part condition has been met if this application is approved so that was one of my questions I submitted

2:22:18because it was designed and because the EIR set out stormwater management techniques designed to

2:22:25lessen the impact of development on the downstream Hanlon Creek tributary through quality and quantity

2:22:30control of the stormwater recharge so I want to know how the expansion of the building size

2:22:35and what's happening with the parking lot will meet this EIR target infiltration rate for quality

2:22:41and quality set out and did the for instance did the stormwater design for block 35 account for any

2:22:49new expansion that would that would take into account this increase in pervious spaces and if it did

2:22:56maybe there's nothing more to be done I don't know and so there's other things it could be oh the

2:23:03building the height of the building isn't we did set there are a set building height this is going

2:23:08to be higher than the conditions but that I mean I don't think that's going to be a problem for me

2:23:16anyway and the other thing is is how are how are they going to handle the reach all the the

2:23:22the stormwater that's going to come off the building are they going to be doing rooftop

2:23:27info info use the rooftop to do infiltration so those are my concerns you know we had we spent

2:23:35our money and I would like to see the reasons why we did this to be honored in any future

2:23:42any future new building or conditions on the sites in the business park

2:23:49thank you for bringing those important points forward I've made note of a couple of them so

2:23:56if you want to stand by my colleagues may have some questions can you members any questions of

2:24:02this uh delegate yeah okay thank you again very thank you for letting me speak and sorry I came in

2:24:08late in the process but I wasn't notified of this prior to the meeting except when the meeting came

2:24:13out so thank you um can I just ask a question about that um is it because you were outside of

2:24:19the notification area is that probably but you know I mean I thought I would have thought as

2:24:24being a signatory on a hearing that we would have on the on the uh agreement that we would be getting

2:24:31notification of any kind of adjustments to any properties on the on the site thank you any more

2:24:41questions uh doesn't appear to be so thank you very much um is there anyone else in the chamber

2:24:49who would like to speak to this application I'm seeing none madam secretary treasurer is there

2:24:56any one online uh mr chair I can confirm no other delegation reports okay um and so um hearing from

2:25:04a member of the public I'm going to invite the the applicant if they have any comment

2:25:11based on what they've heard thank you mr chair yeah I think I can respond to to the concerns

2:25:18brought up by the the resident I noted four items so I'm hoping I'm covering everything off the first

2:25:24question was about the berm so the berm is indeed being extended as noted by staff so it's going to

2:25:30cover um you know I'm looking at the plans here basically like let's say 90 of teal drive so it'll

2:25:36it'll cover it'll be in front of the extension of the building so only from a very small portion of

2:25:43teal drive might you be able to sort of look diagonally and see the loading docks um so that

2:25:49that is being extended and it's being landscaped which will be reviewed and approved by by staff

2:25:54through the site plan process um there's a question about impervious cover and infiltration

2:26:01again that's a matter that will be dealt with at the site plan process through a storm water

2:26:05management report there will be certain targets for this site that have to be met for the developer

2:26:09to go through and I will note that just looking through the site statistics we have about 41

2:26:18percent of the site remaining as landscape open space so the variety of planting or just

2:26:23a grassed area so the impervious cover despite the the increase in building footprint is going to be

2:26:30quite continue to remain quite high there was a question about the building height so we're

2:26:38requesting a variance for building height from eight meters to 12.2 but that is actually the

2:26:43height of the existing warehouse building on site so we're just extending that over with this new

2:26:49addition um and I think the last concern was just about storm water management generally and

2:26:56ensuring that it doesn't impact some of the natural areas around the site so um as I mentioned earlier

2:27:03the site is being reviewed through the site plan process which is a detailed review of the of the

2:27:07engineering requirements for development and it would be reviewed against the the applicable

2:27:12engineering standards by uh set up by the city. Oh thank you for that I I you have anticipated

2:27:22my question so thank you I do appreciate it um committee members any questions of the applicant

2:27:29member Fitzpatrick. Through you Mr. Chair to staff just for clarity from for my sake

2:27:37um if we approve these minor variances and then site plan review um says

2:27:46they can't we can't meet some of these conditions that were part of the original agreement

2:27:55what's the what's what's the how's how's that how's that impact this this decision that we make

2:28:03Through the chair to member Fitzpatrick the the decision on this variance wouldn't override the

2:28:08the um result of that OMB hearing um so those conditions would still have to be adhered to

2:28:17Great thank you. Member Goodfellin. Yes I do have a question as it turns out

2:28:24so through the chair I think to city staff um there was a comment about a noise study and

2:28:30whether a new noise study would need to be completed for this property um we're talking

2:28:36about extending the berm that all sounds like it is going to address potential for additional noise

2:28:43but is there a process as part of site plan approval where the noise would be assessed

2:28:48I mean I do understand that there's some provincial requirements for industrial facilities but just

2:28:53wondering how that whether that needs to be captured here or considered here or is that

2:29:00going to be part of another process to member Goodfellin through the chair um you're at the

2:29:07site plan process itself will address that I don't know offhand if the site plan application

2:29:13has proceeded enough where submission requirements have been defined uh or if that has been done if

2:29:19that includes a noise study but we do review all development applications whether it be site plan

2:29:23or zone change or severances for the potential for noise studies as required submissions um which

2:29:31the situations that must be present for us to request a noise study are outlined in the Guelph

2:29:38noise control guidelines so that process would be followed through site plan and it's not necessary

2:29:43for us to consider that through this application here. Thank you it's great clarification.

2:29:49Thank you any other questions for staff?

2:29:55Seeing none um I'm wondering what your intent is committee members member Fitzpatrick.

2:30:03I would motion that we accept this application as per staff recommendations as well as including

2:30:12the corrected 94 meters versus 95. Thank you and um do I have a seconder member Goodfellin?

2:30:29Excuse me um at this point uh is there any discussion on the motion before us?

2:30:35Seeing none um I think at this point I can turn it over to the secretary treasurer for a vote.

2:30:42Thank you chair committee members please indicate your vote by responding in favor or opposed to the

2:30:48motion which is to approve the application um noting the 95 meters um front yard setback request.

2:30:56Chair Smith? In favor. Member Fitzpatrick? In favor. Member Goodfellow? In favor. Member Mambrenio? In

2:31:04favor. Member Meir? In favor. And member Ross? In favor. That's caring Mr. Chair.

2:31:10Your application has been approved and so you're free to leave the meeting. Thank you.

2:31:19Another housekeeping matter um we're going to given the extent of this uh this agenda this

2:31:28evening I'm going to move that we have a 20 minute recess and that would bring us back at um

2:31:37it looks like uh just 10 to the hour at this point we stand adjourned.

2:37:22Good evening I'd like to call back to order the November 13th meeting of the committee of adjustment.

2:53:00Um I um would like to do a little bit of housekeeping and that seems to be my role this evening

2:53:11more than often but um given the public interest in the Monticello Crescent application I'd like

2:53:20to move that one um to um our next item of agenda if uh if that's uh if that's good with the my

2:53:31committee members um I'll tell you what um I'm hearing a little bit of a buzz and I'm thinking

2:53:43maybe after the next so it would be item number 2.6 as opposed to 2.10 so we will um

2:53:56I guess Madam Secretary Treasurer begin back with um item 2.5. The next application is fellow

2:54:08a-85 slash 25 variances to permit reduced front yard setbacks for proposed covered porch and second

2:54:15story uncovered porch with stairs at 81 Farquhar Street. I'll note for those attending remotely if

2:54:21you wish to speak to this application you can do so but excuse me calling the number displayed on

2:54:26the screen the number's 519-822-1260 extension 2524 and when you call in staff we'll give you

2:54:33instructions on how you can delegate remotely and lastly I'll note for the committee's benefit that

2:54:39correspondence was received after the commenting deadline from Heritage staff

2:54:43and those comments have been circulated to the committee members. Thank you good evening and

2:54:49welcome can you state your name for the record please in your relationship to the application?

2:54:54Thank you yes Lloyd Grinam Grinam architects and I'm agent for the application. Thank you and can

2:54:59you tell me if the sign was posted as per the planning act? Yes they were. And have you read

2:55:04staff's comments and are you in agreement? Yes we have and yes we are. With those items out of the

2:55:12way you have 10 minutes to address the committee as you wish. Okay thanks I won't take 10 minutes

2:55:18we'll keep this moving along for you. I just just very very briefly because you know really this is

2:55:26just about the sort of setback requirements reductions on setbacks for the front porch but

2:55:31I noticed that there was a piece of correspondence that just came through today from Heritage

2:55:35Wealth which was timely so I'm assuming everybody saw it but basically I just wanted to kind of

2:55:41mention that the whole premise here is that the property owners Jeff and Susan have owned a number

2:55:47of historic properties in the city for a number of years done a lot of work to rest of restoration

2:55:52work maintenance that type of thing and that's really the impetus for this project that Jeff

2:55:59wanted to there we he got some historic photos there was a lot of conversations as noted in

2:56:05that letter with Heritage Wealth we've been in discussions with them for a couple of years probably

2:56:10now and the intent is really just to take a step back and actually restore a historic image of this

2:56:18building not not necessarily the 1840 version because there's no photographs to go from but late 1800s

2:56:27appearance to the building which has been kind of sadly modified over the time in the 19th century

2:56:3320th century so that that's really what this is about so it is kind of a nice simple project of

2:56:39kind of recreating from those photographs as truthfully as we can a historic heritage construction

2:56:47of this two-story porch based on those photos based on consultation with Heritage Wealth

2:56:52and some other restoration work on the windows and facades as well but if you're wondering why we're

2:56:58trying to do this little skinny little porch at the front in in a tiny little five foot front yard

2:57:03that's there that's the rationale to try and bring the building back to a little closer to its

2:57:08heritage appearance so thanks very much and committee members do we have any questions for the applicant

2:57:18seeing none did staff have any comment i noted that um as mr. Grisham as mentioned we did have

2:57:28comment from Heritage Planning staff do staff present have any comment

2:57:38do you mr. chair just wanted to state for the record that staff are the opinion that the requested

2:57:44variances maintain the purpose and intent of the zoning bylaw are desirable for the development of

2:57:49the lands our minor in nature and also meet the purpose and intent of the official plan

2:57:57thank you very much um is there anyone in the gallery who would like to speak to this application

2:58:03um seeing none madam secretary treasurer are there any online mr. chair i can confirm no

2:58:11delegation requests thank you um i was glad to see heritage staff comment on this because

2:58:19was going to be one of my questions is this is perhaps one of the oldest buildings in guelph

2:58:23sounds correct um at this point then if there's no further discussion i would like to entertain

2:58:32a motion what is your wish committee members member member i will add to move to approve the

2:58:41application as recommended by staff thank you and do we have a seconder member mere

2:58:49is there any discussion seeing none um madam secretary treasurer would you call the vote please

2:58:59thank you chair committee members please indicate your vote by responding in favor or opposed to

2:59:03the motion which is to approve the application chair smith in favor member fits patrick in favor

2:59:11member good fellow in favor member membranio in favor member mere in favor and member ross

2:59:19in favor that's carried mr chair thank you your application has been approved thank you very

2:59:24much you're welcome as mentioned we have made a a change to our agenda and um at this point i'm

2:59:44going to ask for item 2.10 to now take um its place uh so um madam secretary treasurer can you call the

2:59:59applicant the next applications are files b-70 slash 25 b-71 slash 25 and b-72 slash 25 consent

3:00:11to create three new residential lots with one retained residential lot nine monticello crescent

3:00:18i'll note for those attending remotely if you wish to speak to these applications you can do so

3:00:23by calling the number displayed on the screen that numbers 519-822-1260 extension 2524 and when

3:00:31you call in staff will give you instructions on how you can delegate remotely lastly i'll also

3:00:36note for the committee's benefit that correspondence was received after the commenting deadline from

3:00:41pennie richardson and dr john richardson what concerns about the applications and that correspondence

3:00:46has been circulated to the committee thank you is the applicant present good evening once again

3:01:02can you state your name for the record please and your relationship to the application my name is

3:01:06brianne miller i'm from van harten surveying and i represent the applicant tonight and can you tell

3:01:11me if the sign was posted as per the planning act it was yes thank you and have you read staff's

3:01:16comments and are you in agreement yes and yes with that out of the way um you have 10 minutes to

3:01:22address the committee okay perfect um so this is a really big lot um in an area that's close to a

3:01:27lot of amenities it's fully serviced uh grocery stores and everything are very close by um lots

3:01:33like these they're being repurposed all over the city for this type of development it's just a

3:01:38transition phase out of these historic homes um from these big lots to more condensed to allow

3:01:43for more densification uh we are very grateful for staff's comments of uh uh exuberant approval

3:01:50um we think this is an excellent use of the land it's intensifying gently um we are going to perform

3:01:56a tree protection and inventory so that will be part of the conditions outlined we understand there

3:02:02are concerns about garbage and storage um i did see the photos from another neighboring lot and

3:02:07that is unfortunate however this property is not going to be left to its own whims it is going to

3:02:13manage with the property management company that will be responsible for snow lawn and garbage

3:02:18uh it won't be left up to the tenants whoever they may be um and uh finally though we did note

3:02:25that there are no traffic or parking concerns from staff as this does meet the parking requirements

3:02:30as outlined in the zoning bylaw thank you um committee members do we have any questions for

3:02:37this applicant um seeing none i will turn to staff and see if there is a a presentation or comment

3:02:48that they'd like to make through you mr chair and to the committee uh given the number of written

3:02:56comments received i'd like to maybe proactively touch on some of the concerns that uh committee

3:03:00might have about the application uh mostly relating to parking compatibility and intensification of the

3:03:06site um so maybe i can just briefly go through each one um but regarding parking uh every zoning

3:03:12use is required to provide parking appropriate and number in design for the use on the property itself

3:03:17not the street um the proposal provides more parking than is required in the zoning bylaw

3:03:23for a semi-touch unit and two internal ad us uh so in this case the requirement would be a minimum

3:03:28of two parking spaces whereas they can fit three parking spaces uh with the driveway

3:03:33and internal garage per lot um and in respect for the driveways uh as shown at at four four

3:03:40point five meters this is within the maximum permitted driveway width of 60 of a lot frontage

3:03:47regarding compatibility um we consider compatible development uh that can can coexist with the

3:03:55surrounding area without adverse impact so in a land use context this typically means harm or

3:04:02material discomfort or impairment of the safety of any person loss of enjoyment of the normal use

3:04:07of the property or impact on neighboring properties that would impact their use uh or ability to use

3:04:13their property so generally speaking uh matters of compatibility are addressed through the requirements

3:04:19of the zoning bylaw uh so you see this through permitted uses setback requirements and required

3:04:23parking um the proposal as presented is in conformity with the zoning bylaw and as shown

3:04:29there's no variances that are requested to make the sufferings happen thank you very much um

3:04:36um any questions of staff committee members um at this point then i will ask if there is anyone

3:04:45in the chamber who would like to speak to this application yes please come forward good evening

3:05:09can you state your name for the record please it's jennifer mcnally you have 10 minutes to address

3:05:14the committee thank you uh good evening chair members of the committee as i said my name is

3:05:19jennifer mcnally and i live on monticello crescent um thank you for allowing me to speak today

3:05:26i'm here as a concerned resident and homeowner to respectfully oppose the proposal to sever

3:05:31nine monticello crescent into four new high density lots i want to begin by speaking about

3:05:38our neighborhood context uh monticello crescent is a quiet well-established residential street

3:05:45it is characterized by large tree lots as has already been stated and we have a very close

3:05:50knit community while it was not initially designed for it it is also a very busy pedestrian route

3:05:58which is used daily by residents as well as many students from the nearby university

3:06:04this fact is important to emphasize because our streets have no sidewalks and they have no street

3:06:11lights meaning that pedestrians using our streets as well as vehicles share the winding roadways

3:06:18and often this happens at night this proposal would bring a level of activity and density

3:06:26that our streets simply weren't designed for and when we consider the cumulative effect

3:06:30of the development that's already been approved on evergreen just 190 meters away from this one

3:06:36these risks grow exponentially i want to stress that safety is my foremost concern here

3:06:44it is my understanding that each of the proposed dwellings for the new lots at nine monticello

3:06:49will contain three apartment suites each with multiple bedrooms this means that there could be

3:06:54an additional 24 to 36 residents possibly more if bedrooms are shared parking for these units

3:07:02is proposed within the garage and single file along each driveway in practice that's extremely

3:07:10difficult to manage garages maybe need need to be used to house garbage bins for these units

3:07:16the proposed parking means that residents residing in different units will have their cars

3:07:22blocked in by other tenants and most likely will end up parking on the street or on the lawns as has

3:07:29been noted on evergreen recently this will cause sight lines to be further impeded and greatly

3:07:36increase the risk to pedestrian safety especially due to the close proximity of this property to the

3:07:42highly used gordon street exit parking on the street seems like it will be inevitable with the

3:07:49design that has been proposed yet street parking is prohibited in our neighborhood between the hours

3:07:54of 8 a.m. and 6 p.m. that means that overflow vehicles will either be parking illegally on the

3:08:00street or spill on to neighboring lawns and driveways creating additional congestion and

3:08:06reducing our sight lines further again this impacts safety because there are no street lights there are

3:08:13no sidewalks at night visibility is poor and pedestrians are often walking in complete darkness

3:08:21cutting across monticello from evergreen while other neighborhoods in gualph may have opposed

3:08:27this type of development for similar reasons i need to remind the committee that our neighborhood is

3:08:33unique given the lack of street lights and the high volume of pedestrian traffic from the university

3:08:41i want to emphasize that i'm not just speaking as a neighbor but also as a parent and an educator

3:08:47i have two children who are students at the university of gualph and i'm a post-secondary

3:08:52educator myself i do understand the nature of this age group they walk in groups often distracted

3:09:00wearing headphones and commonly this occurs in the evening they're active they're social and almost

3:09:07always dressed entirely in black all of which increases their vulnerability on streets like ours

3:09:14that weren't designed for this i'm here to advocate not just for my neighbors but for these

3:09:21students as well when dozens of additional vehicles and tenants are introduced to an area

3:09:27without proper pedestrian infrastructure the risk of a serious accident becomes very real

3:09:34when we consider the cumulative effect of multiple high occupancy developments like this one and the

3:09:40one recently approved at six evergreen the dangers are compounded even further this is something

3:09:47that causes me deep concern i just want to mention that this morning i actually have an example of

3:09:54this happening i returned home in the morning i turned off of gordon onto monticello and just

3:09:59one house down from the house in question there are students walking in the middle of the road

3:10:04completely oblivious to my presence they continue to walk distractedly in the middle of the road

3:10:11unaware that i was behind them if i wasn't driving and it were safe to do so i would have taken a

3:10:18video just to emphasize my point here today but what happens when we increase the number of vehicles

3:10:25and pedestrians on this small stretch of roadway possibly with less experienced drivers who will

3:10:32be held responsible if there is a collision next i want to speak on our environmental stewardship

3:10:41and protecting the groundwater in our city as we all know guelph relies entirely on groundwater

3:10:47as its source for drinking water every large green lot in our neighborhood helps to naturally

3:10:54absorb and filter that rainwater replenishing the aquifer this brings a value to these types

3:11:01of properties that is often overlooked in the long term think of how the redevelopment of them

3:11:06will have a lasting impact when these lots are divided and redeveloped we lose permeable surfaces

3:11:12replacing them with roofs asphalt and concrete that direct storm water into drains instead of

3:11:19into the soil it may seem like a small change on one property but the cumulative effect of

3:11:26several such developments across a neighborhood can significantly reduce groundwater recharge over

3:11:31time and i believe this runs directly counter to the environmental priorities outlined in guelph's

3:11:37official plan finally i want to reiterate the precedent and cumulative impact of this type

3:11:44of redevelopment this concern isn't hypothetical as we know just 190 meters away a similar multi-unit

3:11:51development was recently approved despite concerns raised by the neighborhood if this

3:11:57severance is approved it signals that this neighborhood despite its lack of sidewalks

3:12:02streetlights and modern storm water systems is open for continued intensification that's how

3:12:08cumulative impact happens one approval at a time until the original design safety and environmental

3:12:15balance of the area is gone this neighborhood was never intended for this level of density

3:12:22and the precedent being set will make it nearly impossible to preserve what remains of the

3:12:26neighborhood safety and environmental value our large tree covered lots aren't just attractive

3:12:33they're part of guelph's environmental identity they provide shade wildlife habitat and very

3:12:39importantly groundwater filtration replacing them with tightly packed triplexes and long

3:12:45driveways changes that permanently and it removes their value to the groundwater system we rely on

3:12:53the cumulative effect of these losses will not just alter the look of our community but how it

3:12:57functions more cars more pedestrians less green space and a steady erosion of the safe environment

3:13:04that residents hear value in closing i urge the committee to consider not just this one application

3:13:11but its broader cumulative impact on our community and our city this proposal could introduce up to

3:13:1836 new residents and their vehicles onto a street that has no sidewalks no street lighting and no

3:13:24daytime parking it would add to existing safety risks remove green space that protects our groundwater

3:13:31and set a precedent for further high density infill in an area unequipped to handle it this

3:13:38point proven by the recent approval of six evergreen as both a parent of university of guelph

3:13:44students and a post-secondary educator i understand the habits and mobility of this age group and i

3:13:51worry deeply for their safety as well as for all those who share our streets it is for these very

3:13:57important reasons that i respectfully ask the committee to consider denying this severance

3:14:01application thank you for your time and for your ongoing commitment to thoughtful responsible

3:14:07decision-making on behalf of our neighborhood and those of the city of guelph thank you very much

3:14:14for your considered opinion and i'd like to ask you to wait there for a moment and uh

3:14:21pull my colleagues to see if there are any questions committee members do we have questions

3:14:25of this applicant seeing none thank you again for your respectful comments thank you um are there

3:14:35any other members of the gallery who would like to speak to this yes please come forward

3:14:51good evening can you speak state your name for the record please you're going to have to turn

3:14:56your microphone on and ask you to do it again please valeri romanello thank you and you have

3:15:0310 minutes to address the committee okay hello chair and committee members thank you for the

3:15:08opportunity to speak today regarding the applications for nine monticello my husband and i have lived

3:15:14in this neighborhood for 24 years i was born and raised in guelph and raised my two children here

3:15:20myself and some of our neighbors here are here again as we were on september 4th for six evergreen

3:15:27and we still disagree with this recommend this similar recommendation uh to go ahead and we

3:15:33ask that the um committee reject this application as my neighbor jen has just discussed we have

3:15:39serious concerns with safety and parking here are some images reflecting what we're dealing with and

3:15:45what we'll only get continue this was just today this first slide here just one of many examples

3:15:52because we don't have stride sidewalks and street lights pedestrians are continuing to walk in the

3:15:58middle of the road here today they're picking up the leaves dump trucks who people are not going

3:16:05to see as they're walking down the middle road add the cars that come down next slide oh sorry

3:16:14okay perfect um in terms of her talking about parking um here we have um student or student cars

3:16:30in front of some of the rental places on evergreen as an example interesting enough the one on the

3:16:35left i took on the way to this meeting on september 4th at four o'clock and you're not allowed to

3:16:40park there between eight and six p.m. on a monday to friday the middle one same thing november 6

3:16:45same thing um we'll can we we'll start calling all the bylaws because this is continuing to

3:16:51happen more and more and more um on the right on the night two days later of september 6 there was

3:16:57a party at six evergreen that just got approved for severance but has rental in there there was a

3:17:04huge party that took up the whole street of cars um and um the bylaw officers had to get called

3:17:12and that wasn't enough the cops had to come and this was a whole street of evergreen

3:17:18lined both sides with cars and interesting enough these are students with all these cars

3:17:23who apparently do drive and have cars so where are these cars going same issue we have here

3:17:30in terms of garbage i appreciated uh as our neighborhood did um a member a good fellow

3:17:37the last time asked about garbage the city relies i'm going to interrupt you there for a moment please

3:17:43and if we could pause the timer um this is the second time a member of the public has um used

3:17:52one of the members specifically by name okay and i would appreciate if people would refrain from

3:17:58doing that okay no problem thank you yep um the city relies on homeowners and renters to responsibly

3:18:05sort their garbage every week and put it out to the curb in their appropriate bins allowing four

3:18:11lots on the subject property could result in 12 housing units would mean that 24 bins would be at

3:18:17the curb every week jockeying for position beside the cars that will fill each of the four driveways

3:18:22even if they fit this will cause problems for city staff responsible for collecting the garbage

3:18:28particularly during the winter months when snow banks and yet to be plowed streets make placing

3:18:33the bins more challenging garbage bins are supposed to be stored out of sight for the rest of the week

3:18:38unfortunately this is often not the case with such rental properties case in point here um at six

3:18:47evergreen again this is the garbage bins um in the garbage that accumulated the morning after the party

3:18:53all over the property um and this continues to happen with their garbage bins um that we see often

3:19:01on september 4th the committee adjustment as i mentioned um approved this six evergreen and

3:19:07that we had dealt with this massive party as i mentioned this um the parties didn't even stop

3:19:15after the landlord got involved and said this was the last first and last time no more parties

3:19:21happened this is only going to intensify the at the property of nine monticello um from a single home

3:19:27to 12 units carrying these issues further into the neighborhood to reiterate from jen mayfield park

3:19:38community is a quiet stable low density residential neighborhood all of our homes are one to two stories

3:19:44detached houses sitting on heavily treed lots there are no sidewalks or streetlights this application

3:19:50if if approved will result in a property that is profoundly incompatible with the character of our

3:19:54neighborhood and would destabilize the area i heard streetscape earlier in an application here

3:20:00interesting it is hugely important um as to what this is going to do to this neighborhood

3:20:07the question of compatibility often comes up in these meetings as residents attempt to

3:20:12impress upon the qualitative aspects of compatibility to city staff and the committee

3:20:17compatibility can be defined in quantitative and qualitative aspects unfortunately it's easier to

3:20:23measure the quantitative aspects with the new definition of low density the application may

3:20:30may from a very technical perspective be considered compatible but what about the qualitative

3:20:36aspects they are also very important according to section 8.5 of the official plan however new

3:20:43buildings proposed within older established areas of the city are encouraged to be designed to

3:20:48complement the visual character and architectural building material elements found in those areas

3:20:54knowing that some design elements will only be revealed in a burnt building permit

3:20:59we think this recommendation should be uh should not be undermined or forgotten

3:21:04we note that the definition of compatibility in the official plan is intentionally vague

3:21:10that allows us as neighbors to consider an alternative interpretation relative to the

3:21:14developer and to staff in essence compatibility of the application with the neighborhood

3:21:20is at the heart of why we are here i'd like to highlight some other context based i'm focusing

3:21:27on concerns with pertaining to two of the 11 development criteria and why this application

3:21:32should be rejected the first criteria is about building form scale height setbacks massing appearance

3:21:38and siting staff is stating with the applications generally compatible with the official plan

3:21:43and sodas van harten but in our opinion up to 12 units is not compatible with either the

3:21:50three bedroom house they replace or the neighborhood there are no three-story homes in our neighborhood

3:21:56there are no semi-detached either uh other than i guess what's coming for six evergreen

3:22:01and none masked in such narrow lots we also note that since the height and appearance have not yet

3:22:08been specified it is impossible to conclude that the proposed buildings are compatible with the

3:22:13neighborhood based on what we know they undermine and ignore section 8.5 the second criteria

3:22:19states that infill units are to be compatible with the frontage of nearby lots this is a problem

3:22:26i cannot imagine how the proposed widths of 7.6 meters can be considered compatible

3:22:33with surrounding lots at around 33 meters or at least three times wider i know that you may not

3:22:40have a chance to come to our neighborhood but you could uh we welcome you to do that in the in the

3:22:45event that you can't and you're not going to do it tonight please um do not approve applications

3:22:52because it's the easiest thing to do it's not the right thing to do just for a quick review of

3:22:58here's monticello street and the existing houses number five monticello two houses down from the

3:23:04proposed site across the street from five monticello on the corner of evergreen and monticello

3:23:11seven monticello which is right beside the proposed property nine monticello is the subject

3:23:18property 15 monticello is on the other side of the proposed property two mayfield which is across on

3:23:28across from the proposed property on the corner oh no sorry this is corner evergreen and monticello

3:23:3515 monticello um sorry this is two mayfield across from 15 monticello 16 monticello

3:23:4717 monticello 18 monticello and again here we are at nine monticello um in terms of uh intensification

3:24:00yes more and affordable housing is needed in guelph the areas near the intersection of gordon

3:24:07stone and south on gordon um are known in the official plan as strategic growth areas there

3:24:18are numerous properties in this strategic growth area already approved in progress for redevelopment

3:24:25including 17 gordon street so so this is the strategic growth areas i'm sure you're familiar

3:24:32with this site here at 17 gordon street's been approved we spent $50 000 as a neighborhood fighting

3:24:38this at the omb and instead of it being 18 stories was reduced to 11 we see that as a win it's not

3:24:46it's still supposed to be built but it's still sitting there those are where the intensifications

3:24:50are supposed to go also on the corner of um harvard and gordon the days in what used to be um was

3:24:56also approved these things aren't being built but they're approved these are the corridors that should

3:25:01be um intensified which has been identified by the city but not beyond with approving these

3:25:08applications in our neighborhood what we you are essentially saying is let's just get rid of all

3:25:12the single dwelling homes in this neighborhood they're not important let's just knock them down

3:25:17and sever them into four lots what does this really benefit it doesn't benefit the neighbors

3:25:23the neighborhood it's not benefiting the city because this is not creating affordable housing

3:25:29if it was about needing more housing why are the developers not moving forward with the properties

3:25:35that are already approved in the strategic growth areas with that with what is already approved in

3:25:41these areas there's plenty of housing that can be built in the appropriate areas those areas are

3:25:46also close to the university wealth without having to destroy this neighborhood in closing these

3:25:53applications for nai matichello will have a very negative impact for the mayfield park neighborhood

3:25:59we respectfully urge the committee to reject the applications and direct the growth where it is

3:26:05intended intensive development such as what has been submitted should be kept to more appropriate

3:26:10locations along the arterial roads or on land space where proper planning can be done that is

3:26:16compatible in both quantitative and qualitative terms the issues we've identified identified are

3:26:23realities and they're only growing they are not speculative and they do nothing to improve

3:26:29access to affordable housing for students or other renters thank you very much thank you

3:26:38very thoughtful presentation if you want to wait right there my colleagues may have some questions

3:26:44committee members do we have any questions of this applicant

3:26:49seeing none thank you once again for your presentation excuse me this meeting seems to be going on a

3:27:00little longer and it's impacting my voice so please excuse my clearing my throat

3:27:07are there any other members of the public who'd like to uh yes please come forward

3:27:32um good evening just touch that

3:27:37bar around need a green light there there we go can you state your name for the record

3:27:44penny richardson thank you and uh you have 10 minutes to address the committee i uh well fortunately

3:27:51or unfortunately i don't need the 10 minutes because what has been said before um has covered

3:27:59what i was going to say um i'm going to stop you right there and the timer and just say thank you

3:28:07we want to keep this to new information so i really appreciate you editing your comments

3:28:14may i just say the only thing that i am absolutely adamant about is the trees that are on the property

3:28:23next door to us that are going to be eliminated and um they will obviously not be able to plant

3:28:31more trees based on the coverage of the townhomes um so that is the only thing probably that i can add

3:28:44oh okay concise and to the point thank you very well it was going to be much longer if you want

3:28:52right there um my colleagues may have some questions for you

3:28:57no thank you once again thank you do we have any other members of the gallery who'd like to speak

3:29:05yes please come forward good afternoon can you state your name for the record please yeah you've

3:29:27got it there uh neil mcdally um you have 10 minutes to address the committee thank you uh i live at

3:29:3522 monticello i've been there for six months i'm still trying to learn whether or not it's monticello

3:29:40or monticello um i have a actually more of a question and i know i think it was van harten

3:29:47pointed out that this could be three units um in which case i i'm guessing there has to be

3:29:53parking for three cars probably one in the garage two on the street i think one of the members have

3:29:58pointed out there's more than enough parking and i was just trying to do some math and i was wondering

3:30:03if you count me most cars are about 4.5 meters long and you can fit two cars in the driveway

3:30:11because i believe the driveway is 11 meters so you have a little extra there right and i know a

3:30:16lot of the concern was you know uh residents or people walking we don't have sidewalks we don't

3:30:22have streetlights if the city was to impose or to um put inside walks well then wouldn't that reduce

3:30:30one of the parking spots because now i think one of the vehicles would end up straddling the the

3:30:35sidewalk and that would impede traffic or pedestrian walking through would it not um because i believe

3:30:46sorry i believe in a previous case that was one of the arguments for the one individual you said well

3:30:52if the city comes in and puts a sidewalk in then that inflicts on the the area right um it's not

3:31:00so much a discussion here it's we're here to listen to your comments but let me just qualify that by

3:31:05saying i have taken note of exactly what you were saying from a couple of other comments so please

3:31:12perfect yeah that that was actually it was just a question or less so and i hope you guys consider

3:31:17that if the city does come in and put sidewalks in that you reduce one spot so just wait right there

3:31:24my colleagues may have some questions uh committee members do we have any questions of this delegate

3:31:30seeing none thank you very much for your presentation thanks for your time

3:31:36are there any other members of the gallery who'd like to speak to this application

3:31:56good evening can you state your name for the record please yeah it's mark j and you have

3:32:0010 minutes to address the committee thanks um i understand that this uh committee of adjustment

3:32:05is really here to talk about the severability of um of this particular lot and uh i i'm concerned with

3:32:13uh this approach to take one lot and server to four um for a number of reasons and all were

3:32:20really well articulated by uh by my neighbors here uh but when it comes down to the infrastructure

3:32:26that this neighborhood neighborhoods about 65 70 years old the the infrastructure for water mains

3:32:34sewer sewage all of that has was built on the premise of these homes built at these at this

3:32:41size at this spacing with a problem probably average occupancy of three and a half to four people

3:32:49um now we're looking at up to 36 people with four lots the burden on the infrastructure

3:32:55really concerns me because in the nine nine and a half years that i've lived here the number of

3:33:02water mains or valves or i again i'm not i'm not that tuned into exactly what's happening under

3:33:09the ground but the number of things that have faltered that have affected our water pressure

3:33:14have affected um the general um services to our own homes is already stressed at the age of the of the

3:33:22of the um of this this neighborhood so i guess it's it's partly me expressing my concern but

3:33:30i'm curious as you make this you made this decision in july of 2023 to rezone um a neighborhood like

3:33:38ours is there planned investment for the infrastructure to support such a change because

3:33:45i think just dumping uh four new homes that have three units each that's going to house 36 people

3:33:52versus 3.6 people is a real real concern so um has there been a study done on the capacity of our

3:34:02infrastructure um if there has been has been published uh i really hope that the committee

3:34:09and and the city as a whole is taking this under full consideration thank you let me see if uh

3:34:19my colleagues have any questions committee members do you have any questions of this applicant

3:34:24or delegate seeing none thank you for raising i've taken note of some of your comments so

3:34:31we'll raise it with city staff thanks again can is there and the ability to have an answer has

3:34:38there been a study on the infrastructure um this isn't a question and answer period but i have taken

3:34:43some of your comments down and we'll um get some information from staff that should answer some of

3:34:50your question okay are there any other members of the public who would like to speak to this in the

3:35:02gallery seeing none madam secretary treasurer are there any any registered delegations online

3:35:13mr chair we haven't received any other delegation requests okay at this point i'm going to ask for

3:35:21the applicant to return to the podium and perhaps answer some of the issues that have been raised

3:35:29by members of the public okay um so in terms of the servicing so part of the conditions we have

3:35:38is to provide a servicing report showing that these units can be adequately serviced so that's

3:35:44part of the approval process um yeah so as far as intensification in this neighborhood this neighborhood

3:35:50is close to two main arterial roads it's close to amenities as i mentioned and it is close to the

3:35:56university um densification in this area is just good planning practice uh it's a transition period

3:36:02for this neighborhood i understand that change can be hard especially when they've had bumps in the

3:36:07road with the evergreen application um the nice thing is i know there was concerns of well there's

3:36:12these buildings that have been approved and they aren't getting built uh the property owner of this

3:36:16place they get things built so this one will get built there will be new housing and it'll be going

3:36:21towards the 18 000 units they need by 2030 okay um perhaps my colleagues would have some questions

3:36:31committee members do we have any questions of the delegate um based on that comment

3:36:39no please go ahead uh yeah so through the chair to the applicant um early on in uh either your

3:36:49presentation or another there was discussion about a property manager being in place for this facility

3:36:55or for this uh the site can you just talk a little bit about what their responsibilities would be and

3:37:00how that interfaces with some of the maybe the questions that were raised by the community

3:37:05absolutely um so after the houses are built they are put under a property management so

3:37:11they're responsible for the lawn cutting garbage removal and snow so it isn't going to be on the

3:37:16onus of the tenants to upkeep the out exterior of the property um as i know with a lot of rentals

3:37:21especially in student heavy neighborhoods lawns can be unkept and as we saw like the garbage can be

3:37:25left there um with the property management company that won't be the case in this uh development

3:37:33okay thank you that's helpful any other questions of the applicant

3:37:44um seeing none i do have a couple of questions that um were touched on by some of the uh the

3:37:52delegates um and i i'm afraid most of this um is going to be directed to staff so bear with me

3:38:00um the first one that was raised was sidewalks um having visited um this site on a couple of occasions

3:38:07that's the first thing that jumps out at you is the lack of sidewalks and um as one of the delegates

3:38:14pointed out uh when i visited recently um i had a similar experience with pedestrians walking down

3:38:20the middle of the street in front of me um i guess the first question is um is there any

3:38:26long-term plan to um to build sidewalks in this neighborhood to you chair um yes as part of my

3:38:36review here um we did consider what the op talks about in regards to sidewalks um as well as i

3:38:42reviewed um in in gulf we do have what's called the sidewalk needs assessment it's a citywide

3:38:47study to determine all of the missing link segments of sidewalks on one side of the road

3:38:52on both sides of the road either or everywhere in gulf whether or not um sidewalk is planned there it

3:38:59just it's a list of all of the missing link sidewalks and then a separate part of the

3:39:04sidewalk needs assessment i think it's called appendix b it's the um highest 100 ranking

3:39:10missing link segments it takes those missing link segments and it ranks them of the highest 100 and

3:39:16it assigns a point score so the highest score being 51 um monicella does not register on that

3:39:23highest 100 link um missing link segments which means it's low enough of a score that it hasn't

3:39:30been included in the list the city gulf does have a sidewalk infilling program um where we are currently

3:39:36working on infilling um sidewalks around different parts of the city but my understanding is that

3:39:42we're currently working on scores somewhere in the neighborhood of 25 so i we know that this score

3:39:47doesn't come anywhere near that so the short answer is uh not really at at at the present time one of

3:39:56the um other comments was raised about um uh based on in the future were sidewalks to be added um

3:40:06would that impact driveway length to you chair um no because they quoted distance for the parking

3:40:14space available was only on private property and if a sidewalk were to be added in the future that

3:40:20would be on the right of way but those are two separate spaces okay thank you um i guess this

3:40:28is a general question and it speaks to um it it speaks to the built form here and that is that we

3:40:36have um if we were not here for a severance but a building permit application um what's the

3:40:47the maximum number of units that could be built on on this site to the chair it is three units per

3:40:57semi-detached dwelling so it would be 12 units in total over the four properties um i guess i was

3:41:05speaking um hypothetically about the existing property would that allow for four units um

3:41:13to the chair yes the max amount of units on one property is four units and in terms of the built

3:41:20form is it two or three stories that's allowed by right it is three stories as a bright so if i've

3:41:30got this straight um if we weren't discussing a severance this property owner could go with a

3:41:39building permit and build out as far as they want with four units three stories high have i got that

3:41:46correct yes that's correct thank you um and um i think the applicant touched on this but i'd like

3:41:59to hear staff is their opinion on this um that servicing is uh is is based on on the number of

3:42:11units proposed and that that would come um forward in a building permit application have i got that

3:42:17correct that to you chair there's a couple of things happening here actually so one of the

3:42:22conditions that um engineering department has recommended if the committee sees fit to approve

3:42:27the application is a um what's called a functional servicing report it's usually done as combined

3:42:33with the stormwater management report so what that does is that tells us how much water demand the new

3:42:39development requires as well as how much wastewater capacity the new development requires in the

3:42:44wastewater capacity system and i did hear one of the delegates touch upon um the concerns about

3:42:51the infrastructure in general is it built to handle those new things and has anyone done a study

3:42:56and the answer is yes in the city of welf we do have the water and water and wastewater

3:43:02master plan which was done in 2023 and what that is is a citywide study of both the water

3:43:07infrastructure system um and the sanitary infrastructure system citywide and it assesses all

3:43:13of our um you know sizing our ages our life cycles for all of the mains and water mains around the

3:43:20city and as part of my review for sevens applications like this one and all others um i have to review

3:43:27the information available in the master plan and determine if there's any concern like for sanitary

3:43:34for example between the site and the wastewater treatment plant where there would be surcharging

3:43:38or anything else and if i noticed any concerns based on the information available in the master plan

3:43:43i would then assign or recommend a condition rather that would ask them to do an additional

3:43:48step of engineering to do more engineering and more study to prove that there is not an

3:43:53issue with water pressure or prove that there is not an issue with um surcharging in the sanitary

3:43:58system so that is something that does get studied and that we do look at thank you for that thorough

3:44:05explanation that's very helpful and i guess um my last question is is more of a general zoning

3:44:12question and it was raised by a couple of delegates that um they thought that the the lot width was

3:44:22was too narrow um i followed um the zoning bylaw changes quite carefully when they were proposed

3:44:32and they've gone and been approved by council i know it's been appealed but um it's essentially

3:44:39under it's it's essentially the zoning bylaw that we're we're using and um the lot size is the lot

3:44:49size that's being proposed here is is was there any um any discussion um about that appropriateness

3:45:02of width of lot in this kind of a zone neighborhood to the chair it wasn't done um the lot widths

3:45:15weren't done on a neighborhood by neighborhood basis um to determine what's appropriate the zoning bylaw

3:45:23doesn't have specific regulations for different neighborhoods with the exception of the older

3:45:29downtown neighborhood um with average front yard setbacks and such um so the answer is no

3:45:40i i know there was some discussion at the time uh some city counselors used the example of other

3:45:47cities with university high university student populations and uh i just was curious if there if

3:45:56if that was through it was certainly thoroughly vetted and i know it was discussed but um we have

3:46:01arrived as a city um at these uh these lot widths and so it's this is um an acceptable lot width

3:46:13within this particularly zoned neighborhood if i'm correct it is a permitted lot width

3:46:22lot width for a semi-detached dwelling which is permitted now in this residential zone

3:46:30thank you that's very helpful um member ross uh through you chair to staff i have two questions

3:46:40both of them related to um streetlights and uh sidewalks so does the city have um a similar

3:46:49process for assessing streetlight needs in a community that it has for sidewalks and then

3:46:56secondly what are um can you describe some of the parameters that are used for assessing the needs

3:47:02for sidewalks and and streetlights to member ross through the chair i don't know of a specific

3:47:10study that identifies where there aren't streetlights in the city um what i can say is that this

3:47:18subdivision in general appears to be established through a proper planning process

3:47:22looks like a subdivision approval i believe it's called college village um so

3:47:32originally approved by the township of puss lynch um but the city does have you know after the

3:47:39original approval of a road design at whatever point in time that happened does have a program to

3:47:45assess when we need to go and do capital infrastructure projects so i don't know much

3:47:50about capital infrastructure design but my understanding is that there's um an ea process

3:47:55where they determine and reviewing the master plans that i've referred to earlier and they

3:48:00determine what's an appropriate design um but to to your question i don't think there's a specific

3:48:07study like i mentioned for the sidewalk needs assessment study that is specifically related

3:48:11to street lighting um through the chair thank you and my second question was related to um for the

3:48:23sidewalk piece that you'd referred to earlier what kind of parameters are used to determine need

3:48:32and to member ross through the chair i couldn't speak to specific parameters i can tell you that

3:48:37there is a scoring system that's outlined in the sidewalk needs assessment i assume that there's some

3:48:42sort of studying and measurements taken about foot traffic and where everybody's going and where

3:48:48there's high intensity areas and where there's employment areas but that would be only a bit

3:48:51of a guess on my part um but through that sidewalk needs assessment that's studied citywide where

3:48:57there's missing link segments and where there's a need for sidewalk there has been scores assigned

3:49:03what i do know about this particular area is that it doesn't rank in that top 100 and i believe the

3:49:08lowest scoring uh site that i've seen that's included in that top 100 is 13.5 out of a possible

3:49:1751 so i believe that this side the the need for a sidewalk in here has been considered

3:49:23lower than 13.5 and as i mentioned earlier um the city does have an infilling program

3:49:29but we're currently working at a level of about 25 so there's a there's a big gap between

3:49:35what appears to be the actual need here versus other needs in the city. Just to follow up a comment

3:49:46i guess um so this is the second application before us for intensification for this community

3:49:54and i understand the city has a process for determining when where communities rank in

3:50:03terms of the need for a sidewalk installation i guess the comment would be that uh uh

3:50:12or i guess some reassurance that as we proceed with um consideration of these intensification

3:50:19projects in communities like the one we're talking about this evening that there's a

3:50:25parallel process to kind of catch up with with what the real on the ground experiences

3:50:31once these applications are built uh and occupied and the pedestrian traffic ensues

3:50:38so there will always be a gap um and the idea would be that at a certain point the city then

3:50:46reassesses a community based upon the level of activity of approvals such as the one we're

3:50:52considering tonight i hope i made myself uh clear enough uh that you're able to make comment to that

3:51:01through the share to you member ross and yes you have certainly made yourself clear enough

3:51:05and i can provide you some assurance there um recognizing that there was a previous severance

3:51:10conditionally approved nearby recognizing that it's possible that multiple develop developments in a

3:51:16close proximity can have um either a real or a perceived stacking effect when it comes to

3:51:22things like traffic assessment and whether or not we need to study for this or whether or not we

3:51:25need to study for that part of my review process here um was reaching out to three different members

3:51:32of our traffic and our transportation demand management team including a traffic safety

3:51:36specialist who has a a special interest in sidewalks here and i got three responses from

3:51:42three different people in traffic from different perspectives of traffic one that confirmed that

3:51:47there is no transportation to management demand management need to do anything additional here

3:51:53the OP doesn't call for it um that's more specifically for things like if a sidewalk was

3:52:00needed as a direct result of a approval of this development um the other was that there wasn't

3:52:05a need for a transportation or a traffic impact study so reviewing our uh transportation impact

3:52:13study guidelines that tells us when it's appropriate for us to ask for a transportation study to decide

3:52:19if the road configuration needs to be redesigned as an effect of the development approval and that

3:52:26was confirmed that this does not meet any of the conditions present to do for their transportation

3:52:31study and the last conversation i had was with the traffic safety specialist who confirmed that

3:52:37as recently as a few weeks ago he had had conversations with um i believe he said several

3:52:42members of this community i don't understand those processes specifically i don't know what

3:52:48how frequently they are having conversations but he did indicate that some concerns were raised

3:52:53they were talked about and that when he asked if that should be translated into somewhat of a request

3:52:59for would you like to for the city to consider adding sidewalk here the response that he received

3:53:04was no um so just to answer your question it seems to be an ongoing process and there seems to be

3:53:12staff always involved with these types of discussions thank you member good fellow yes uh so uh thanks

3:53:23first to member ross she asked many of the questions i was going to ask myself so great um and but i do

3:53:30have a follow-up so through the chair to city staff um so all of the discussion about what happens

3:53:36next is super helpful and i appreciate all of the the discussion and additional information here

3:53:43the one of the questions i have though and i think you touched on it briefly

3:53:46is the cumulative impacts on the community so when these applications are being reviewed

3:53:53like how quickly are you able to account for the development on evergreen for example

3:53:59which was just approved a couple of months ago and now here we are approving potentially a second one

3:54:04is are you accounting for that is city staff accounting for those additive effects of some

3:54:13of the prior uh approvals that may have been put in place very recently like in the past couple of

3:54:19months to member good fellow through the chair um yeah um specifically with respect are you asking

3:54:28with respect to the traffic the vehicular traffic side of things or the sidewalk side of things are

3:54:33both um all of the above i would say wastewater as well and servicing and all of those kinds of

3:54:41elements that we've just been talking about here i think my question is kind of more general

3:54:46for all of that long list of things how quickly are you incorporating some of the other approvals

3:54:51that may have been made recently certainly to you member good fellows through the chair again

3:54:57um there's a little bit of a different answer for each but we are doing our best and i believe we are

3:55:03doing it in real time uh when it comes to traffic the whether or not a study needs to be done is

3:55:09based on the tis guidelines the traffic impact study guidelines and it has to do primarily with

3:55:15the peak vehicular inbound and outbound trips generated now that's rather easy in this case

3:55:21because whether or not you've built the other application we're talking about that was recently

3:55:25approved i can look at the number of uh units that have been declared as part of that proposal

3:55:31and the number of units that we understand as part of this proposal and it's easy to take those

3:55:35all together and calculate how many inbound and outbound trips we get from that and if you're

3:55:40below that threshold no need according to the guidelines to do further study and if you're

3:55:45above it then you would do the study uh with sidewalk the op has some verbiage about where we

3:55:53encourage intensive where we encourage sidewalk connections and it has nothing to do with um specific

3:55:59number of units or whether or not houses are built the op is more of a high level excuse me

3:56:04high level view and it says we want to connect uh employment areas and intensification areas in

3:56:09particular where there's um public transportation planned and things like that so none of those um

3:56:17conditions are changing as a result of the development application and when it comes to servicing um

3:56:23when it specifically i refer back to that water waste water servicing master plan

3:56:29looking at the water side of things from that master plan i can tell if it's in a

3:56:33pressure area of concern or a fire flow area of concern i don't expect that too many changes

3:56:38have happened between the time that study was done in 2023 and today as a result of um a low

3:56:45number of units and and severances that we tend to see in front of this committee are going to be

3:56:50like it's not subdivision size developments so they're not likely to change a particular quadrant

3:56:57of the city to suddenly a low pressure zone or anything like that and as far as the sanitary

3:57:03wastewater capacity goes we have an actual real-time model that we can run at the city of gulf that i

3:57:10can run personally and we can input flows and we can decide if there's any surcharging happening

3:57:15between the subject site and the wastewater treatment facility and i'm confident that i did not need

3:57:22to add a or recommend a condition to do additional studies in this particular case for for any of

3:57:26those things once again thank you for your thorough answer but that does answer my question so thank you

3:57:38any other questions of staff yes member fits through you chair to staff so i understand

3:57:46this process that if all the requirements are met the owner of the land is entitled to that

3:57:53severance and as we get into neighborhoods like this and we've talked about how do we plan for

3:58:02this in the future where is the control to manage the the level of growth or how quickly

3:58:09this kind of intensification happens uh through the chair to member fits patrick i don't know if i

3:58:22have a particularly satisfied factory answer for you um but the style of infill development is

3:58:29something that is relatively new to the city of gualph that was kind of spurred on by the passing

3:58:33of the 2023 zoning bylaw and a lot of our guidelines and policies were designed for

3:58:40subdivision scale developments or for a much smaller scale individual properties at a time

3:58:46whereas as many people here tonight have noted there are some kind of cumulative impacts that

3:58:52might be felt from several applications of of this nature in a smaller area or in a single

3:58:59neighborhood so that is something the city is actively looking at and having conversations about

3:59:03how to approach this style of development but again due to the conditions that engineering staff

3:59:10require about infrastructure and road capacity and things like that that is something that is

3:59:14actively being looked at with each application and if it is something that seems to be intolerable

3:59:19based on the capacity that that is available then that's something that staff would note and would

3:59:25either put appropriate conditions to ensure that that capacity is increased or recommend

3:59:30a refusal of an application if it seems to be intolerable based on those measures thank you

3:59:40thank you um any other questions for staff seeing none um thank you very much for coming back to

3:59:50the podium and at this point I think we will go into committee committee members what is your wish

3:59:57member Fitzpatrick to you Mr Chairman I very clearly remember the conversations and the

4:00:10yanks that we had amongst this committee with the other application on evergreen and a lot of

4:00:20those have not been dispelled still but I don't feel that we have the the ability to to say no to

4:00:32an application that meets all the requirements of the bylaw so I'll reluctantly propose that we

4:00:42we accept the the application as indicated by the the city with the appropriate conditions in place

4:00:52okay do we have a seconder so I'll entertain any further discussion I know we've had a very

4:01:09fulsome discussion this evening about this comments discussion maybe I'll start it off and say that

4:01:22I'm going to echo exactly what you've said member Fitzpatrick I have a certain reluctance

4:01:32baked into the fact that we have a role to play and if it if something meets those

4:01:44qualifications then I believe that's incumbent upon us to to approve an application such as this

4:01:53as reluctant as I might be um the city council ultimately has set the rules through advice from

4:02:03professional staff in the zoning bylaw and those changes have been in some cases brought on by the

4:02:12current housing situation and changes in the political climate at Queen's Park so um

4:02:21this this is where we find ourselves right now so I I will be supporting your with those

4:02:27qualifications I will be supporting your your motion member Ross I'd guess in a best-case scenario

4:02:39intensification applications would be located where the infrastructure already exists to support

4:02:46it so that's kind of self-evident and in most cases that that's the situation that we find ourselves

4:02:53in here though we have a community that has some of the infrastructure so there's major roads adjacent

4:03:01to this neighborhood there's a university next door but not all of the infrastructure that would

4:03:08support intensification namely sidewalks and street lights as have has been identified and

4:03:14discussed earlier in our meeting so this is the dilemma that the committee is faced with but

4:03:23it's also a dilemma I think for city staff and others to consider as well that where we have a

4:03:33a straightforward enough process to follow here there are other elements to intensification that

4:03:42I think we're all mindful of and here tonight we've listened to members of a community that

4:03:49are struggling with the situation that they're confronted with and trying to make the best of a

4:03:56of a situation that's sort of been foisted on them by provincial policy in terms of intensification

4:04:05of particularly large lots communities and yet their community isn't really ready to to receive

4:04:13or to provide ideal infrastructure to support intensification so it's a conundrum at at the

4:04:22same time I will be supporting approval of staff recommendations but my comment is that indeed

4:04:32there are other things to consider when we're looking at these applications and other things I'm

4:04:38sure staff are well aware of and have spoken about this evening in terms of tracking in real time as

4:04:44was referred to by one staff person what is actually happening on the ground as as these

4:04:49applications are approved and built and the volume of activity that increases in a community and how

4:04:59that's monitored and how we keep up with that and plan effectively for for the safety of all the

4:05:06people who eventually live in this neighborhood. Any other comment? Yes so I've been really

4:05:21thoughtful about this one again I think there was a lot of great discussion the last time around

4:05:26and certainly again this evening I think my you know point of view has been that you know

4:05:36compatibility also includes the limitation of or you know avoiding impacts to nearby residents on

4:05:44their ability to use their property and I think member Ross did a very good job just now of

4:05:49explaining that conundrum as she said and I really feel that I feel that very strongly

4:05:55in this role I do take a lot of comfort though in the process that the city staff laid out in the

4:06:02consideration that they take in when they provide comments to us to consider and how they add

4:06:09conditions and the fact that they are watching these cumulative effects I also heard that

4:06:14there are there's a recognition that some of these policies that we've had in place for a long time

4:06:20maybe are still catching up with some of the development that's happening some of the changes

4:06:25in our zoning bylaw so for a lot of reasons I will be supporting this motion this evening.

4:06:37Okay at this point I believe it's time to turn over to our secretary treasurer for a vote.

4:06:47Thank you chair committee members please indicate your vote by responding in favor or opposed to the

4:06:52motion which is to approve the applications with the recommended conditions. Chair Smith.

4:06:58In favor. Member Fitzpatrick. In favor. Member Goodfellow. In favor. Member Mambraño. In

4:07:05favor. Member Meir. In favor. And member Ross. In favor. That's Kerry Chair.

4:07:12Your application has been approved. We'll have order in the chamber I know I know that you can

4:07:28have disagreements but I'm going to have order in this meeting. Madam secretary treasurer

4:07:34can we have the next application please. The next application is file B-67-25 consent for

4:07:46extension of long-term lease at 19 Northumberland Street and 28 Norfolk Street for those attending

4:07:52remotely if you wish to speak to this application you can do so by calling the number displayed

4:07:56on the screen that numbers 519-822-1260 extension 2524. Is the applicant present or are they online?

4:08:14Good evening. Hi. Can you state your name and your relationship to the application please.

4:08:19Yep I'm Jillian Smith and I'm from MHBC the agent. And can you tell me if the sign was posted as

4:08:28per the planning act? Yes it was. And have you read staff's comments and are you in agreement?

4:08:34Yeah. You have 10 minutes to address the committee. Thanks I'll be pretty quick I don't want to take

4:08:41up any more time. The planning act allows leases to occur for a maximum of 21 years. If you want to

4:08:51go past that 21 year lease you need to obtain a consent from the municipality which is why we're

4:08:56here today. The application in front of you is to extend the lease of the lands where the John Bosco

4:09:05Catholic School is. So the property is 29 Northumberland Street. It's owned by the Roman Church.

4:09:14It is the lands where the Basilica is located which we are all very familiar with.

4:09:19And the Wellington District the Wellington Catholic District School Board leases a portion of that

4:09:25site to operate this Catholic school on. That 21 year lease term is now coming to an end and we are

4:09:33obtaining a consent to extend that lease past the 21 year time frame. As part of our submission we

4:09:40provided a plan and on that plan it highlights the parts that are part of that lease extension.

4:09:48So on top of the site where the school is located there are also access easements that are part of

4:09:54that lease as well. So all I have for you right now.

4:09:59Thank you very much. Committee members do we have any questions for the applicant?

4:10:05Seeing none are there any members of the public present who would like to speak to this application?

4:10:12I don't see anyone. Madam Secretary Treasurer do we have anyone online?

4:10:18Mr. Chair can confirm no other delegation requests.

4:10:21Thank you. I miss staff. Did staff want to comment or have a presentation about this?

4:10:28I'm seeing shaking of heads. Okay.

4:10:32Committee members what is your wish? Do we have a member? Good fellow.

4:10:36I move we approve this application with the conditions recommended by city staff.

4:10:41And do we have a seconder? Member Meir. Is there any discussion?

4:10:48Seeing none. Madam Secretary Treasurer would you call the vote please?

4:10:53Thank you Chair. Committee members please indicate your vote by responding in favor or

4:10:57opposed to the motion which is to approve the application with the recommended conditions.

4:11:01Chair Smith. In favor.

4:11:03Member Fitzpatrick. In favor.

4:11:05Member Goodfellow. In favor.

4:11:06Member Mambrenio. In favor.

4:11:08Member Meir. In favor.

4:11:10And member Ross. In favor.

4:11:12That's carried chair.

4:11:13Your application has been approved and we'll see you in 21 years.

4:11:24Madam Secretary Treasurer may we have the next applicant please?

4:11:28The next application is file B-68-25 consent for technical severance to re-establish

4:11:36original lot lines at 137 and 139 Gosling Gardens. I'll note for those attending remotely if you

4:11:42wish to speak to this application you can do so by calling the number displayed on the screen.

4:11:47That's 519-822-1260 extension 2524.

4:11:56Is the, oh yes the applicant please come forward. Good evening. Can you state your

4:12:05name and your relationship to the application please?

4:12:08Good evening. My name is Jasmine. I'm an Autikling student at SV Lowengwelf and I'm

4:12:13appearing on behalf of our client with regards to 139 and 137 Gosling Gardens.

4:12:19Thank you and can you tell me if the sign was posted as per the planning act?

4:12:25It was yes.

4:12:26And have you read staff's comments and are you in agreement?

4:12:29Yes to both.

4:12:31You have 10 minutes to address the committee.

4:12:33Okay I will keep this as brief as I can. We do agree with the comments and as staff have

4:12:41acknowledged this is a relatively routine and technical merger to unwind.

4:12:46I pretty much have nothing further to add to staff's comments except to note our client's

4:12:51request regarding the fee reduction and I'd like to thank you for moving that up to

4:12:57so that I can address them together. The other thing I'd note is that there is a pending sale

4:13:03for 137 Gosling Gardens and that is highlighted in red on the map and the closing has been

4:13:15extended from September to December so we're still pretty tight with the timing there

4:13:22and our client is relatively eager to proceed so having said that we will be providing the

4:13:29secretary treasurer with the consent certificates during the 20-day appeal period to ensure that

4:13:34the process is completed as expeditiously as possible and if you're okay with it I would

4:13:44be happy to address the fee waiver request.

4:13:47Okay well we'll handle one issue at a time and if you want to wait right there.

4:13:54Committee members do we have any questions of the applicant?

4:13:59No seeing none. Are there any members of the public who wish to speak to this application?

4:14:05And do city staff have any questions or comments they'd like to make?

4:14:11Seeing none is there anyone online who would like to speak to this application?

4:14:16Mr. Chair can confirm no delegation requests.

4:14:19Thank you and so committee members what is your wish?

4:14:32Through you Mr. Chair I have a just a clarification question.

4:14:40So when there are separate properties and they are purchased by one owner

4:14:48is it common for a merger to automatically occur? Is that what usually happens?

4:14:56Through you Mr. Chair to member Ross.

4:15:00I cannot say whether it is common or not. This is actually the second time I'm here on this

4:15:05on the same sort of application. The lawyers that conduct there is a role for the lawyer to play

4:15:15and there is a butting land search that should be conducted. This is not supposed to happen.

4:15:21No so it is a mistake and this is why I'm here and why it is a technical merger.

4:15:27So we're just unwinding what shouldn't have happened in 2016 and it was only discovered

4:15:34recently because now the owner wants to sell the property. So whether it's common or not

4:15:42is not entirely clear to me but there is a role to play that the lawyer should have done a search.

4:15:49The lawyer that the client went to previously and that was not that didn't happen.

4:15:55So then am I correct in concluding that it happens from time to time but it's not the

4:16:02regular course of events? No it's not. It is actually a contravention of the planning act

4:16:08for something like this to happen. So we're unwinding it for that reason as well.

4:16:17Okay. Member Fitzpatrick. I move that we accept this

4:16:25past this application with the conditions as but. Okay. Do we have a seconder? Member Meir.

4:16:35Okay. So we have a mover and a seconder and is there any discussion?

4:16:41Seeing none. Madam Secretary Treasurer would you call the roll please?

4:16:47Thank you Chair. Committee members please indicate your vote by responding in favor or post to the

4:16:51motion which is to approve the application with the recommended conditions. Chair Smith.

4:16:56In favor. Member Fitzpatrick. In favor. Member Goodfellow. In favor. Member Mambrenio. In

4:17:01favor. Member Meir. In favor. And member Ross. In favor. That's Kerry Chair.

4:17:07Your application has been approved. Thank you. You're welcome and at this point

4:17:16as I mentioned earlier we're going to consider the fee waiver for the same property so I'm going to

4:17:22ask you again some housekeeping questions and the first is to just state your name and your

4:17:31relationship to the application. Thank you Mr. Chet. My name is Jasmine Vangu. I'm here as an

4:17:37iCling student from SV Law on behalf of our client with regards to 137 and 139 Gosling-Goddens.

4:17:45Thank you and if you have 10 minutes to make your request. Thank you. Should not take

4:17:52more than a couple minutes. With regards to the fee waiver request while our client will be paying

4:17:59the full amount of the severance application fee we've just requested that the committee consider

4:18:04as part of their decision today to waive the administration fee for new lots and we do acknowledge

4:18:10and appreciate that staff have applied the lesser of the two administrative fees in this scenario.

4:18:17However we continue to believe that the work required post-hearing is significantly less

4:18:23than what would be involved in a typical non-new lot consent such as an easement or a long-term lease.

4:18:31Both an easement and a long-term lease would require a new reference plan. In this case the

4:18:36reference plan for 137 and 139 Gosling-Goddens already exists and the legal descriptions have

4:18:44also been provided and as I mentioned earlier we do plan to provide the consent certificates to the

4:18:50secretary-treasurer during the 20-day appeal period as our client has a pending sale and we

4:18:56acknowledge that staff time is involved and is important. However the level of review typically

4:19:03required for a reference plan does not exist in this case or apply in this case and as a staff

4:19:10effort is considerably less we believe that a fee waiver would be appropriate but I do understand

4:19:16that I'm in your hands. Thank you. Thank you committee members. Do we have any questions?

4:19:26Member Fitzpatrick. Through you Mr Chairman and I probably asked this question the last time and

4:19:32I'm trying to recall the answer but this was a mistake on the part of the the lawyer that closed

4:19:38the deal years ago. Through you Mr Chair to member Fitzpatrick. I cannot say whether it was a mistake

4:19:46or not I don't know what happened between the client and the previous lawyer however we're at

4:19:53a position now where the properties are merged and they shouldn't have been and we're just sort

4:19:59of unwinding them to put them back into the position that they should be and if I do recall

4:20:07myself you asked about an insurance and that is not available in this case and those are options we

4:20:16would have probably looked at with our client. Thank you. Any other questions of the applicant?

4:20:28So committee members what is your wish? Member Goodfellow. I motion we refuse the application

4:20:41as recommended by city staff. Do we have a seconder member Ross and do we have any discussion on this?

4:20:59I have a question of the mover and that is would we consider a partial?

4:21:10A very good question Mr Chair. I actually did think about maybe some other options like that

4:21:18but I did note that the fee is $286 which I think if we tried to do a partial to starts to make the

4:21:29effort to negotiate that more significant than the costs that I think we would arrive at reducing it

4:21:38so that's why I felt that perhaps we just go with the straight refusal but open to other suggestions.

4:21:45Asked an answer. Okay thank you. Any other discussion? No I agree with you I think it's already reduced

4:21:51the staff was clear with their explanation and I think it's fair. Okay if there's no further

4:22:02discussion Madam Secretary Treasurer would you call the vote please? Thank you Chair. Committee

4:22:08members please indicate your vote by responding in favor or opposed to the motion which is to

4:22:12refuse the administration fee waiver request. Chair Smith. In favor. Member Fitzpatrick. In

4:22:20favor. Member Goodfellow. In favor. Member Mambrenio. In favor. Member Meir. In favor. And member Ross.

4:22:27In favor. That's carried Mr Chair. And regrettably your request has been denied.

4:22:34Madam Secretary Treasurer may we have the next application please?

4:22:40The next application is file a-87-25 variances to permit reduced front yard setback for existing

4:22:47front porch and stairs and permit porch within driveway sightline triangle for 68 Albert Street.

4:22:53I'll note for those attending remotely if you wish to speak to this application you can call

4:22:57the number displayed on the screen that number is 519-822-1260 extension 2524 and when you call

4:23:05in staff will give you instructions on how you can delegate remotely. Is the applicant present?

4:23:17Okay we can that usually takes a minute or two longer. Yeah. If you star six to unmute

4:23:58that might be helpful. We can't hear anyone yet.

4:24:06Can you hear me now? We can indeed. Thank you. Okay thank you. Can you state your name for the

4:24:12record and your relationship to the application please? Yeah Josh Hilborn and with SENTEX engineering

4:24:19and we do permit drawings for residential clients and we're working with Melanie in this regard.

4:24:29And can you tell me if the sign was posted as per the planning act?

4:24:33It was. And have you read staff's comments and are you in agreement with them?

4:24:40Yep and we have read them yet more in agreement.

4:24:43Well at this point you have 10 minutes to address the committee.

4:24:49Okay so basically the point of our drawing set is that we are front porches built on the property

4:24:59line or built on the property and where the stairs are is they're actually going to be encroaching

4:25:05through onto the city steps or the city property line and also there's a site triangle infringement

4:25:14but it's not by a great deal so the variance is to allow for the

4:25:21an encroachment agreement and to have the minor variance for the site triangle

4:25:29and we've submitted all of our drawings through and then there'll be a building permit

4:25:33application after but I think right now it's just for the plan view or the plan site plan approval.

4:25:43Okay thank you very much. Committee members do we have any questions of the applicant?

4:25:51Seeing none. Do staff have any comment? No comment from staff. Are there any members of the public

4:26:01in the gallery who would like to speak to this application? Seeing none. Madam Secretary-Treaser

4:26:07do we have anyone online who has wishes to delegate? Mr. Chair I can confirm no delegation requests.

4:26:14Thank you. At this point then committee members what is your wish? I move the motion to approve

4:26:22as recommended by the staff. That was member Meir. Do we have a seconder? Remember Fitzpatrick?

4:26:28Do we have any discussion on this motion before us? Seeing none. Madam Secretary-Treaser would you

4:26:34do honor the honors please? Thank you Chair. Committee members please indicate your vote

4:26:39by responding in favor or opposed to the motion which is to approve the application with the

4:26:45recommended condition. Chair Smith? In favor. Member Fitzpatrick? In favor. Member Goodfellow?

4:26:52In favor. Member Mambrinho? In favor. Member Meir? In favor. And member Ross? In favor. Let's carry

4:26:58chair. Thank you. Your application has been approved and you're free to hang up on us. Thank you very

4:27:06much for your time. You're welcome. Madam Secretary-Treaser may we have the which I believe is the last

4:27:14application? The last application we have for this evening is files b-69-25 and a-86-25 consent to

4:27:26create one new residential lot with one retained residential lot and related variances to permit

4:27:32reduced exterior side yard setback and parking within sightline triangle for proposed severed

4:27:37parcel at 267 Arthur Street North. I'll note for those attending remotely if you wish to speak to

4:27:45this application you can call 519-822-1260 extension 2524 if you'd like to speak to this application.

4:27:55Is the applicant here? Welcome back. You're working almost as hard as we are this evening.

4:28:10You're saying your name for the record please? Absolutely it's Brianna Miller. I'm from Van

4:28:14Hart and serving and I am representing the owner of the property today. And can you tell me if the

4:28:18sign was posted as per the planning act? It was. And can you tell me if you have read staff's comments

4:28:24and are you in agreement? Yes we are. You have 10 minutes. Excellent. So I know the reduction for

4:28:29the minor variance on the exterior street on Spring Street seems like a lot because it is by 50%.

4:28:35However this is a dead end street. There's only one house on there so it's not utilized very much

4:28:41which is why we're asking for it. The proposal is to tear down the current house which has already

4:28:47burnt down so it's just like the shell remaining so cleaning that up and putting on to one semi-detached

4:28:54house which will not be rentals. They're going to be privately owned units. For the parking in

4:29:00the daylight triangle the reason we didn't center the driveways is there are some beautiful old trees

4:29:06in the front of where we're proposing the house and if we did that we would have to cut those trees

4:29:10down. So in the sake of preserving those trees we separated the driveways which did put the one in

4:29:16the sight line triangle. However as I know there's only one house that really uses that road and

4:29:23there's a bunch of kind of like scrubby hedge that's there that would be removed actually improving

4:29:27that visibility and improving kind of that sight line in that area and everything else is met with

4:29:35the applications just those two variances. Thank you. Committee members do you have any questions of

4:29:41the applicant? Seeing none are there any members of the city staff who have any comment on this?

4:29:50Seeing no nodding of heads are there any members of the gallery who would like to speak to this?

4:29:55I don't see anyone rushing forward to the microphone. Madam Secretary Treasurer do we have any delegations online?

4:30:03Mr. Chair we actually do have a delegate and they're appearing via video. The name is Melody

4:30:10Incledon. Yeah if you want to turn your video and microphone on because we can't see or hear you.

4:30:28Hi I'm hello. Hi can you say your name for the record please? My name is Brian LeBlanc. I am

4:30:39Melody Incledon's partner. Melody's ill right now she's actually going to bed. She has the food.

4:30:46And our only concern the house of ours is right next door 261. Our concern is the retention of the

4:30:56trees that are between our property. And that's all and I think it's covered in the staff recommendations

4:31:02if I'm not mistaken. So other than that I think everything's fine. No real objections.

4:31:11Thank you for that. I think the applicant mentioned that in their site plan that they

4:31:19want to retain the trees. Right I'm talking about they're talking about the trees on the lot that's

4:31:23over the corner near spring. I'm talking about there's a series of large cedar trees between

4:31:31the property that I don't know if they meet the minimum by to to correspond with the bylaw

4:31:39for tree retention. But there's a whole bunch of trees all along that line that

4:31:44given how close to 261 the proposed new building is there's some concern that those trees

4:31:53won't be retained. And if they're not retained what they'll be replanted or whatever. I think that's our concern.

4:32:06So what we're going to do is I'm going to let you stay on unless you have anything else to say.

4:32:14I'm going to let you stay on or I'm going to encourage you to stay on as I believe the owner

4:32:20and the applicant's agent is going to to answer some of your concerns. So thank you.

4:32:28You're welcome. So with that please if you want to state your name for the record and answer the

4:32:37question of the delegate. Yes it's Grant Wharton owner of Wharton Homes the owner of the property.

4:32:44And just to answer the question is yes the the I've been working with an arborist already

4:32:51to try and eliminate any potential damage to the trees along the property line as well as the tree

4:32:58in the center of the lot. And part of the the ask for reduced minor variance side yard was to

4:33:06achieve the 2.7 meter side yard on the on the south south side of the property sorry in order to

4:33:16give additional clearances for the root system as well as we're actually further past than some

4:33:23of the garage that's already existing there so that there's already an established root stop.

4:33:30Thank you very much for that. Committee members do you have any questions of this delegate?

4:33:38Okay at this point then I'm going to turn to my colleagues in committee for a motion.

4:33:46Member Membrano. I move to approve the application with the conditions as recommended by staff.

4:33:54Thank you and do we have a seconder member good fellow do we have any discussion on this motion?

4:34:00Seeing none. Madam Secretary Treasurer would you mind calling the vote please?

4:34:06Thank you chair. Committee members please indicate your vote by responding in favor or opposed to the

4:34:10motion which is to approve the applications with the recommended conditions. Chair Smith.

4:34:16In favor. Member Fitzpatrick. In favor. Member Goodfellow. In favor. Member Membrano. In favor.

4:34:22Member Meir. In favor. And member Ross. In favor. Let's carry Mr. Chair. Your application has been approved.

4:34:29I believe that brings us to the end of our agenda. Are there any staff announcements?

4:34:44Mr. Chair I can confirm no staff announcements tonight. Okay and with that I'm going to first

4:34:51thank staff for staying late and my colleagues for their attention and I will entertain a motion to adjourn.

4:34:58Member Fitzpatrick all those in favor. Oh sorry member Goodfellow seconded it.

4:35:09We stand adjourned. Thank you committee.