Committee of Adjustment

0:31Good afternoon, Guelph. I'd like to call to order the December 14th hearing of the Guelph City

0:37Committee of Adjustment. This hearing is being held in a hybrid format with attendees appearing

0:42in person and or remotely and is being live streamed and recorded. Please be advised that

0:49public meetings form part of the public record and the words, names, or images of those participating

0:55shall be recorded and posted online. I've received regrets from Member Hamilton,

1:02who will not be in attendance today, and I've confirmed with the Secretary's treasure

1:06that we have quorum before we proceed. Before I outline the hearing format for today,

1:12if you wish to speak to an application that's listed on the agenda and have not submitted a

1:17request in advance of the hearing, please call the number displayed on the screen now, which is

1:23519-822-1260-extension-2524. That's 519-822-1260-extension-2524. You will receive instructions

1:37when you call on how to participate. A final call for delegations shall be made when each

1:45application is called. The agenda for this hearing has been posted online at guelph.ca

1:52forward slash c-o-f-a. I will remind all committee members and staff participating in the hearing

1:59to please mute your microphones when not in use. Applicants will be unmuted when their

2:06application is called. I'd also like to share the hearing format we shall be using to navigate

2:12through each application. Each application shall be called by the Secretary of Treasure,

2:17and the call-in number for those wishing to speak to an application shall be displayed on the screen.

2:23Afterwards, the applicant will be given an opportunity to add anything further to their

2:28application to a maximum of 10 minutes. You will hear a chime when there are 30 seconds left,

2:35and another chime when 10 minutes have elapsed. If you are an applicant and have nothing further

2:43to add, then you can simply say so. The committee will then be able to ask questions to the applicant

2:50or staff. After that, we will hear from members of the public who wish to comment on the application.

2:58Please note that all comments should be addressed through myself, the Chair.

3:02Please avoid repeating concerns already stated by others, and focus on adding new information.

3:09Comments are limited to 10 minutes or less. You will hear a chime when there are 30 seconds left,

3:15and another chime when the 10 minutes have elapsed. Any members of the public who have

3:22submitted a request to speak prior to the hearing will be first invited to provide comment. For those

3:28watching the hearing online, if you wish to speak to an application and have not yet submitted a

3:33request in advance of the hearing, please call the number displayed on the screen now.

3:40For those attending the hearing in person, you will also be given a chance to come forward

3:44to the podium and address the committee. Once all comments from the public have been heard,

3:50the applicant or staff will be given an opportunity to respond to the comments.

3:55Finally, the Chair, I shall turn to the committee for emotion and deliberation,

4:00and as well as a vote on each individual application. When the committee is making a

4:06decision on an application, the Chair will be asking the Secretary-Treasurer to conduct the

4:12vote by roll call. The Secretary-Treasurer will call each member's names, and each member shall

4:18respond if they are in favor or opposed to the motion, and the Chair will announce the result of

4:25the vote. If you wish to receive a copy of the decision of an application, including information

4:32about the appeals process, you must submit a written request. A written request can be made by

4:40contacting staff using the contact information shown on the screen. To receive a copy of the

4:46decision, please email cofa at gulf.ca with your name and the file number you're interested in.

4:56Please note that owners and applicants automatically receive a copy of the decision.

5:03At this point, I'll turn to our territorial acknowledgement, and I'll ask

5:07Member Spears to provide the Indigenous territorial acknowledgement. Members

5:11Spears. Thank you, Mr. Chair. As we gather, let us take time to reflect on our privilege to live

5:17and work in Guelph, a city built over rich Indigenous histories. We are guests here, and should

5:22reflect upon the responsibility to care for this land, the people who live here today, and the

5:28generations to come. If our actions today can move us towards reconciliation, we should take pause

5:34and make those decisions with intention and gratitude. This place we call Guelph has served

5:40as traditional lands and a place of refuge for many peoples over time, but more specifically,

5:45the Atawanda Ronque and the Haudenosaunee. This land is held as the treaty lands and territory

5:52with the Mississaugas of the Credit First Nation. Guelph lies directly adjacent to the Haldeman

5:56tract and is part of a long-established traditional hunting ground for the six nations of the Grand

6:01River. Many First Nations, Inuit, and Macy's people have come from across Turtle Island to call

6:07Guelph home today. Thank you, Member Spears. Committee Members, are there any disclosures

6:14of pecuniary interest? Seeing none, at this point, I would like a motion to approve the minutes of

6:25our November 9th meeting. Member Goodfellow, seconded by Member Sayers, all in favor? That carries.

6:38I've confirmed with the Secretary-Treasurer that we do have a deferral request, and at this point,

6:43I will turn it over to the Secretary-Treasurer, Madam Secretary-Treasurer.

6:49Thank you, Chair. It was noted on the revised agenda that staff is recommending deferral of

6:54file A-86-23 for 35 Hillcrest Drive in order to allow time for staff to work with the applicant to

7:02address concerns with the proposed reduced setback for the enclosed swimming pool area and provide a

7:07revised proposal. I believe the agent for the application is present for this evening.

7:16Is the applicant present? Can you state your name for the record, please?

7:24Yes, hi. It's Lloyd Grinum, Grinum Architects, agent for the applicant.

7:28Thank you, and can you tell me if the sign was posted as per the Planning Act?

7:32It was, yeah, both in fact, both on two streets.

7:36And have you had a chance to read staff's comments and are you in agreement?

7:40Yes, we received the comments, the formal comments. We've had a number of discussions with

7:45planning and engineering staff prior to that, subsequent to these probably, and based on that,

7:51we've made a number of revisions to the proposal, which was recently resubmitted,

7:56hopefully for the next year in January. So, yes, we've had some very productive discussions.

8:02Very pleased with those. Appreciate the assistance from CVA staff and engineering and planning thus far,

8:07and we're hoping to be back in January for a positive discussion.

8:13Well, thank you. Let me see if there are any questions for you from my colleagues.

8:23I see none. Do we have any delegations?

8:30Chair Smith, I can confirm we've received no delegation requests.

8:35Thank you. At this point, colleagues, I would entertain a motion.

8:41What is your pleasure? Member Goodfellow.

8:47I move to defer the application at the recommendation of city staff.

8:52Thank you. Do I have a seconder? Member Spears.

8:57Is there any discussion on the deferral? Seeing none, I'll turn this over to our

9:04secretary-treasurer for a vote. Thank you, chair. Committee members, please indicate your vote by

9:10responding in favor or opposed to the motion, which is to defer the application. Chair Smith.

9:15In favor. Member Balaban.

9:19In favor. Thank you. Member Goodfellow.

9:22In favor. Member Pike. In favor.

9:25Member Sayer. In favor. And member Spears. In favor.

9:30That's carried, chair. Your application has been deferred, and we'll see you in January. Thank you.

9:38Thanks very much. Madam Secretary-Treasurer, may we have the next applicant?

9:45The first application is file A-80-23, Variants to Permit Reduce Side and Rear Yard Setbacks for

10:04Proposed Second Floor balcony at 1-3 Quebec Street. I'll note for those attending remotely,

10:10if you wish to speak to this application, you can do so by calling the number displayed on the screen.

10:15The number is 519-822-1260, extension 2524, and when you call in, staff will provide

10:23instructions on how you can delegate remotely by phone. This is the final opportunity to call in

10:28regarding this application. Is the applicant present? Are they online?

10:51Chair Smith, the applicant is in. The name is Darryl.

10:56Sue's is the last name. He's attending via phone.

11:01Welcome. Can you hear me? Chair Smith, just a note, as well as for the applicant,

11:17in order to unmute yourself on the phone, you may have to press star 69.

11:21Hello, welcome. Can you state your name and your relationship to the application for the record,

11:35please? Yes. Hi, my name is Darryl. Sue's from Hickory Dickory Decks, and I'm a representative.

11:44And can you tell me if the sign was posted as for the Planning Act? Yes, it was.

11:52Thank you. And have you received staff's comments and are you in agreement?

11:57Yes, I have. And yes, I am.

12:00Well, you have 10 minutes to address the committee, so you can make as much use of that time as you

12:07wish. Given the staff recommendation is approval, I have no comments to the matter.

12:18Well, that's nice and concise. Do I have any, if you want to hang on a moment,

12:24I'll see if my colleagues have any questions for you. Committee members, do you have any

12:28questions of this applicant? Seeing none, are there any members in the chamber who wish to

12:39address this application or anyone online? Chair Smith, I can confirm we've received no

12:49online delegation requests. Thank you. At this point, I'll turn to committee

12:55and see what their wish is. Committee members, do we have a motion for this application?

13:06Member Spears. I move to approve the application as it stands.

13:14And we have a seconder. Member Goodfellow, is there any discussion on the motion before us?

13:25Seeing none, I'll turn to the secretary-treasurer to conduct a vote, please.

13:32Thank you, chair. Committee members, please indicate your vote by responding in favor or

13:36opposed to the motion, which is to approve the application. Chair Smith.

13:42In favor. Member Balaban. In favor. Member Goodfellow. In favor. Member Pike. In favor.

13:52Member Serre. In favor. And Member Spears. In favor. That's carried, chair. Thank you. Your

14:01application has been approved. Thank you very much. You're welcome. Madam Secretary-Treasurer,

14:13may we have the next applicant? The next application is file A-81-23, variance to permit

14:28to variance to permit reduced building height for proposed convenience store and car wash at 145

14:34Speedvale Avenue West. I'll note for those attending remotely, if you wish to speak to this

14:38application, you can do so by calling the number displayed on the screen. That number is 519-822-1260

14:46extension 2524. And when you call in staff, we'll give you instructions on how you can

14:50delegate remotely via phone. Is the applicant present or virtually? Yes, I am. Joe Lakotosh,

15:06agent for the applicant. Thank you. And can you tell me if the sign was posted as per the planning

15:15act? Yes, both signs were posted. Thank you very much. You have, have you read staff's comments

15:24and are you in agreement? Yes, I've read the staff report in agreement with the comments and the

15:30recommendation. Thank you. You have 10 minutes to make use of to address the committee. I have no

15:41further comments to make. The application is for approval. And yeah, we're in agreement with the

15:47condition as well. Okay, if you want to hang on, I'll see if my colleagues have any questions for

15:54you. Members of committee, do you have any questions of this applicant? Seeing none,

16:06I will see if there's, is there anyone in the chamber who has any questions or comments about

16:12this application? And are there any online? Chair Smith, I can confirm we haven't received any

16:20delegation requests. Thank you very much. At this point, committee members, I'd entertain a motion

16:28on this application. Member Bellamond. Move to approve the application with conditions in

16:36accordance with staff recommendations. Thank you. And do we have a seconder? Member Pike.

16:45Is there any discussion on the motion before us? Seeing none, Madam Secretary Treasurer,

16:55we handle the responsibilities of a vote. Thank you, Chair. Committee members, please indicate

17:01your vote by responding in favor or opposed to the motion, which is to approve the application with

17:07the one recommended staff condition. Chair Smith. In favor. Member Ballaban. In favor. Member Goodfellow.

17:17In favor. Member Pike. In favor. Member Serre. In favor. And Member Spears. In favor. That's carried,

17:26Chair. Thank you. Your application has been approved. Thank you very much. You're welcome.

17:38Madam Secretary Treasurer, may we have the next application?

17:53The next application is file A-82 slash 23,

17:57variances to permit reduced minimum exterior side yard setback for proposed addition and

18:03commercial entertainment use as an additional permitted use at 101 Beverly Street. I'll note

18:09for those attending remotely, if you wish to speak to this application, you can do so by calling the

18:14number displayed on the screen. That number is 519-822-1260, extension 2524. And when you call

18:22in, staff will give you instructions on how you can delegate remotely. Thank you. It's the applicant

18:29present. Please come forward. Welcome. Can you state your name and your relationship to the

18:45application for the record, please? You'll have to push the button there. Thank you. My name is

18:52Chris Lawn. I am the agent representing the owner. My name is Craig Dool. I'm the owner of the building.

19:00Thank you and welcome. And can you tell me if the sign was posted as per the Planning Act?

19:05Yes, I were. Thank you. You have opportunity to read staff's comments? Yes, I did. And

19:15I know they were a little bit complicated. So I'll rather than ask if you agree with them,

19:22I'll give you your 10 minutes to go ahead and address the committee. Great. Thank you. I'm going to

19:29speak to the commercial entertainment zoning and then it'll have Chris respond to the setback stuff.

19:37Good evening. My name is Craig Dool. I'm the president of Dool Holding Corp. I own the building

19:42at 101 Beverly Street in which we're discussing. First off, I want to thank you for being here

19:48tonight to listen to my plea on adding commercial entertainment as a zone to my newly enforced

19:55zoning on this property. I'll start off with a brief history on the property. I purchased this

20:01building in 2017. At the time, it was a 16,000 square foot building with two tenants, a plumbing

20:09supply store named Stans Plumbing and a small mechanical company named Star Mechanical.

20:17The building was in serious need of upgrades such as only wiring, lighting, HVAC, fire separations,

20:26and let's not forget the plumbing, which was all tied into the storm sewers for plumbing supply

20:34so that was a little interesting. The building was tired and outdated. I purchased the building

20:40with one goal in mind, keeping small businesses in the ward, a place in which I have a passion and

20:47for a dream that will continue to be a place in which families can live and work in the neighborhood

20:54and also have fundamentals that include small local businesses. When I purchased it, there were

21:01approximately eight people working and employed throughout the building. I ended up investing

21:06nearly six months of time, endless days, blood, sweat, tears to turn the building into a space where

21:14five brand new businesses could call home. Within the next five years, I had found a niche of people

21:21in which were all small businesses that required some space. I accumulated about 30c containers in

21:27the back lot and rent them out to various owners for cheap affordable rent. It was a win-win for

21:33everyone and it was one reason in mind to keep small businesses in the ward and to date there

21:41are approximately 60 people that are employed either directly from one of the five tenants

21:47interior or small business operators using the outdoor spaces at the same property.

21:53Keep this in mind for later. I'll come back. Over the past year, city staff have implemented

21:59a new zoning bylaw with 2023 version with very little notice to building owners or constituents.

22:07Part of this bylaw is the limitation of c containers. I worked with city staff in finding a solution

22:13and that solution was that they wanted me to develop the land. Fair enough. So I ventured down

22:19the road of let's work together and develop the land. We want more businesses and space for them

22:26on commercial industrial land and that's what I've been told. The issue is I went from very open

22:33and accepting zoning of B4 in the 95 bylaw which also allowed numerous other uses under a mall

22:41to use that is called mixed business which limits the businesses that are able to be in this unique

22:48building. And also funny enough three of my five current tenants are now legal non conforming.

22:55I'm here today as the committee to consider adding commercial entertainment as a use for

23:00existing tenant that I have as well as for future tenant opportunities. The tenant is named Riot

23:08Acts. They're an axelowing company in which employed approximately eight people and currently in a

23:14space that is about 1200 square feet. Over the past six years they've grown and want to expand

23:20into the new building in which I'm working on building with Chris here that would see them

23:27expand to an area of approximately 4300 square feet. This would be an anchor tent for me and

23:32allowed me to proceed my building permit process as we're looking to break ground in March.

23:39As you'll see in staff comments they do not support allowing this additional use

23:44as they have stated that their vision with mixed building zoning is that it's for employment lands.

23:50I consider this employment lands. I can assure you that Riot Acts will be looking to almost double

23:56their staff from the current level and the facility would be a vibrant swag to the ward,

24:01something that's been missing for a long time. I'm looking for the committee to please consider this

24:06so that we can continue to move forward with my tenants as well as my team to continue moving

24:13forward with the development of this property. I've had to move almost half of my tenants from

24:18their C containers outside and preparing for this addition but unfortunately with at least a tenant

24:23in place to commit to a third of this building I can't justify building it which will slow down

24:32the process. Riot Acts has been patiently waiting for this process to be resolved since June. I've

24:39tried to work with staff in the city to understand how we can move this forward and that's why I'm

24:45here today. I worry that if this use is not accepted they'll ultimately have to find somewhere else to

24:51go which might end up them moving out of the city. In closing I just want to thank you for your time

24:58in listening to me today and I hope that you'll consider my request for this small ask to ensure

25:04that we keep small businesses growing and retained in our city. I can also continue to move forward

25:12in my goal in bringing rentable space to the ward. Pass it over to Chris.

25:17Yeah I just want to speak on the the setback variants. The exterior side yard setback is

25:24minor in nature. We feel that the existing building encroaches on the required setback

25:31already and what we're doing is we're proposing a three meter setback along the street there

25:39which is still setback from the existing building and we've already consulted with

25:45city staff in our site plan pre-consultation and they've

25:48agreed to support this so we feel like it should be accepted. Thank you.

25:55Thank you very much. If you want to wait right there I'll see if any of the committee would

26:01like to have any questions with you. Committee staff or committee members do you have any

26:06questions for the applicant? Members, speakers? Yeah through you Mr. Chair. Mr. Duel I think

26:17I'm certainly not 100 clear on this. It's my impression that the refusal of this request

26:24mostly centers around the fact that it's already being done and it's legal non-conforming

26:30and if left that way it there would be no more complication just and I do maybe I have this

26:36wrong but this is my impression if you do nothing it's fine. So I'm questioning really why take the

26:45extra step take the risk of having this thing rejected when in fact you could just withdraw

26:51this part of the request and life goes on as normal. So the key is that they want to expand

27:00their space so they've got 1200 square feet right now and they want to move into the new building

27:05that we're building. They're only legal non-conforming in the current space so when we build the new

27:14building they cannot move into the new building even though it's 150 feet on the same property

27:20they cannot move there without having this uh this approve. I didn't I didn't get that nuance.

27:32Member Goodfellow. Through the chair I think to see staff with this question

27:39I see in the staff comments that the staff would could be supportive of an application to enlarge

27:44or extend the existing legal non-conforming. I guess my question to staff is so how would that work

27:52with and would that request to extend or enlarge allow for the expansion of riot acts as Mr.

28:00Dool has explained. To the member through the chair that's the conversation we've been having

28:11with the applicant they are they were legal non-conforming when the 2023 bylaw was approved by

28:18council for any expansion or extension of that legal non-conforming use they do need permission

28:24from the committee of adjustment. The legal non-conforming tests and review by staff

28:33doesn't doesn't include the four tests under the planning act where minor parents

28:38require staff to consider those four tests. So the permission under legal non-conforming

28:52is essentially would be would be staff giving support to continuing the use

28:58rather than adding a new permitted use which as the applicant mentioned could allow future tenants.

29:08Okay thank you. So through the chair just to clarify make sure I understand

29:13they it's possible that the current use could be extended or enlarged but that the request

29:21that we're looking at today is about future uses that are not currently in the building.

29:32To the member through the chair that's correct allowing a use as of right for a minor variance

29:39it has a higher standard of the four tests but it would allow additional or potentially allow

29:48additional businesses to locate there where the legal non-conforming would be continued to limit

29:57to the existing business although it would be given permission to expand if the committee

30:03approved extension. Thank you that's really helpful clarification I may have more questions but

30:09that's good for now thank you. Thank you any other questions member Speer. Yeah to city staff

30:20through you Mr. Chair I I want to be sure again that I understand that if the if if we elect to

30:27accept this proposal for a change of use does that have any or what future impact would it have on

30:33other applicants in the city if we say yes to this one or does it have any? To the number

30:41through the chair I believe each variance application is considered on its own merits

30:49de novo but in this particular case the official plan has had this property designated mixed business

30:59for a number of years and then the 2023 bylaw brought those policies into effect

31:06so it wasn't it was as the applicant noted very recent change to what would have been allowed on

31:13the property or what is allowed on the property now so I think that. Thank you. Member Goodfellow.

31:25Yes through the chair again to city staff I have a follow-up question

31:30what other uses are included in the commercial entertainment just I was trying to look it up

31:37quickly but you'll have it at your fingertips just so that I can kind of understand what other

31:42uses would be approved if we decided to approve the application as submitted. To the member through

32:08the chair commercial entertainment is a specific use and the definition is that it means a use of

32:14a place for a fee for the provision of entertainment or amusement without the necessity of active

32:21participation by the user and includes a theater, play house, bingo hall and and other public hall

32:28and then there's a couple such as a parlor and a gaming establishment that are not included

32:37that definition in general is you know could be seen as a club or where the public is paying to

32:49participate in an activity. Very helpful thank you. I don't see any more questions I do have a question

33:04perhaps I'm being thick so forgive me if I'm cutting the same grass that you've already answered.

33:11If we approve the request A for minor variance does that mean that the existing tenant can move

33:21into a newly created space or would that require the second or B rather variance to go forward?

33:34To the chair the first variance is to allow the construction of the building the second variance

33:43would be to permit the use broadly commercial entertainment staff's recommendation was

33:51to permit the existing use to expand so either the committee would need to approve the minor

34:04variance to allow commercial entertainment as of right or permit the expansion of the legal

34:11non-conforming use so there would be a committee approval needed to allow the use to move into

34:17that just the option is variance or extension of legal non-conforming. So even if we were to

34:25reject or yeah reject variance request B the existing tenant could expand into the new building

34:34if we approve variance A is am I understanding that correctly? No sorry to correct there would be a

34:43second approval needed for the use sorry as legal non-conforming as legal non-conforming or

34:51outright as commercial entertainment so we would have to I'm being hypothetical here but

34:59were we to take that check we would have to reject or accept variance A reject B and come up with a

35:08C is that what I'd understand? That's correct yes okay now I'm clear forgive my old brain

35:18colleagues do we have any other questions seeing none are there any delegations who would like to

35:26address this I see none coming forward are there any online? Chair Smith I can confirm there's no

35:36online delegation requests I'll also note to provide if I can some extra clarity procedural wise

35:43as you were asking chair in terms of how the applicant applied they did apply for an outright

35:49variance to allow that permitted use if the committee feels that that would be better suited as an

35:56extension of a legal non-conforming use they would need to amend their application and and

36:01typically they would come back to the committee so they would use that same application it's they

36:05need to make some amendments to it and come back like what we would issue a new notice come back

36:11under the the provisions under an extension of legal non-conforming use so we couldn't do it here

36:17no that's not what they applied for so what I would recommend is that the committee if they

36:21don't feel that it that's a minor variance that they could go through that process thank you that's

36:26very helpful so it wouldn't be see it would be see another application okay colleagues I'd like to

36:35entertain a motion at this point do we have anyone who has their finger on the pulse of this

36:45Mr. Chair I'd like to move that we accept both of the in fact the application as it stands both

36:51A and B requests thank you and do we have a seconder for that application

37:00member sayers committee members do we have any discussion on the motion before us

37:10zero motion members of yours go ahead sure through you Mr. Chair it's I might have this wrong again

37:18but it's this sounds like a bit of a bureaucratic snafu here if we're going to end up at the same

37:24place take longer expend more time staff time everybody's time and get to exactly the same

37:30place I don't know why we we go around that poll over and over again I think we should just

37:35well I'm in favor of this I don't see why not okay member good fellow

37:43yes through the chair to my colleagues I guess my comment here is the definition of commercial

37:49entertainment provided by the city staff is a bit different than what I had understood coming

37:56into the discussion I actually was prepared to approve it as proposed but now understanding that

38:03those uses could include kind of beyond what is already in that community in that immediate

38:10community I do have some concerns about that because I don't think that perhaps that has been

38:17discussed fully or understood fully so for that reason I will be voting against the motion as stated

38:24you any more conversation I like you member good fellow I'm I'm wrestling with this a little bit

38:40my my inclination is to vote for this this motion however I'm I'm wondering if we're

38:47rezoning by other means but given the context of this this particular place and the the business

38:59that seems to be in place and that wants to expand I'm I think that tips the balance in my

39:06in my thought that this is minor in nature and therefore I'll be supporting it any more

39:12conversation on this application all right uh Madam Secretary Treasurer will you do the honors please

39:21thank you chair committee members please indicate your vote by responding in favor or opposed to

39:25the motion which is to approve both variants requests chair Smith in favor member balladine

39:33in favor member good fellow opposed member pike opposed member serr favor and member spears

39:48in favor that's carried chair your application has been approved you're free to leave the meeting

40:01Madam Secretary Treasurer, may we have the next applicant please?

40:05The next application is file A-83-23,

40:15Variants to Permit Reduced Sideyard Setback for Proposed Residential

40:19Edition and Additional Residential Dwelling

40:23Unit at 108 Ferguson Street. I'll also note for those attending

40:27remotely, if you wish to speak to this application, you can do so

40:31by calling the number displayed on the screen. The number is 519-822-1233.

40:35I'll also note for those attending remotely, if you wish to speak to this application,

40:39you can do so by calling the number displayed on the screen.

40:43The number is 519-822-1260, extension 2524.

40:49When you call in staff, we'll give you instructions on how you can delegate remotely.

40:56I understand the applicant is by video.

41:02I'm present by video.

41:06Hello, can you state your name and your relationship to the application please?

41:12Tell me if the sign was posted as for the Planning Act.

41:16Yes, it was. Thank you. You have 10 minutes to address

41:20the committee. Thank you.

41:24So essentially this is an existing legal non-confirming situation.

41:28Both structures are existing and they

41:32have been existing for a while. The main structure is

41:36a single dwelling and there is a structure in the

41:40back that was present when the owner acquired the ownership of the property.

41:44The owner wanted to

41:48get a permit to legalize its use

41:52which required that the back structure

41:56be connected to the main single dwelling in the front.

42:00When the permit was submitted, the building department requested

42:04that an application be made to this committee

42:08to legalize the deficient setbacks.

42:13That's why we're here.

42:17If the committee approves the existing setbacks

42:21which are essentially legal non-confirming, we'll be able to go back to the

42:25building department and obtain the permit to construct

42:29that link between the two buildings

42:33that is showing in this drawing with the dark gray.

42:37Thank you. Well thank you. That was very concise.

42:43Committee members, do we have any questions for this applicant?

42:52Don't see my colleagues jumping to that. I do have a couple of questions.

42:56First for city staff, can you remind me what the

43:00requirement for setback is on this? Through the chair, the

43:12requirement is a setback of 1.5 meters

43:16based on the R1B-10 zoning in the 1995

43:20R2Z zoning bylaw. The setback requirement

43:24in the 2023 bylaw for the RL2Z zone is 0.6 meters.

43:28So a variance only for the 1995 bylaw is required.

43:36The existing

43:40dwelling impacts the

43:44setback and this addition would

43:48impact the setback a great deal

43:52at least half again as much. Is that correct? Through the chair, I'm not sure

44:01if I quite understand your question. Sorry. It's just

44:05when I noticed the sketch, it was 1.2 meters,

44:091.22 I think, and that's the existing

44:13dwelling and you're saying that the existing zoning bylaw

44:17requires 1.5, is that right? And the proposal

44:21is for 0.6 meters for the

44:25addition? Through the chair, that is correct.

44:29Staff do note that in the RL2Z zone in the 2023 bylaw

44:33which the property is zoned, the required side yard setback is 1.2 meters

44:37on one side and 0.6 meters on the other

44:41side and since it meets 1.2 meters on the far side

44:45of the property, this property is in compliant or this proposal

44:49is compliant with the 2023 zoning bylaw. So it complies

44:53with 23 but not with existing. That's correct. Okay, that's what I was

44:57unclear with. Thank you very much for that. That helps my

45:01adult brain. Appreciate it. Colleagues, do we have any other

45:05questions? Thank you. Are there any

45:09delegates who would like to speak to this either in the audience or at home?

45:13Chair Smith, I can confirm no delegation requests have been received.

45:19Thank you. Committee members,

45:23what is your pleasure? Member Sayers.

45:33I'd move for approval of the application with the condition recommended by staff.

45:37And do we have a seconder?

45:41Member Pike. And is there discussion on the motion in front

45:45of us? Member Speer. Through you, Mr. Chair, to the applicant

45:52out. I don't think the question was asked if you had read the condition

45:56and agree with the condition. Yes, I have read

46:02the condition and we already have applied to

46:06construct the addition that would

46:10connect the two buildings. So you accept the condition?

46:14Yes. Thank you. Thank you, Member Speers, for

46:19that good catch. At this point, is there

46:23any other discussion? Seeing none, Madam Secretary

46:30Treasurer, we have a motion. Would you conduct the vote, please?

46:34Thank you, Chair. Committee members, please indicate your vote by responding in favour

46:38or opposed to the motion, which is to approve the application with the one

46:42staff recommended condition. Chair Smith. In favour.

46:46Member Balaban. In favour. Member Goodfellow. In favour.

46:50Member Pike. In favour. Member Sayer. In favour.

46:54And Member Speers. In favour. That's carried, Chair.

46:58Your application has been approved.

47:02Thank you. You're welcome. Our next applicant,

47:10please, I believe they are also on video. Am I correct?

47:14The next application is file A-85-23

47:25Variance to Permit Reduced Rear Yard Setback

47:29for proposed Second Story Residential Edition at 48

47:33Monroe Road South. I'll also note for the committee as well as those

47:37attending that comments were received after the comment deadline from Jay Bernard

47:41with concerns about the application and as well a response

47:45to those concerns have been provided by the applicant and that all

47:49that correspondence has been circulated to the committee members and staff.

47:53For those wishing to speak to this application, you can do so by

47:57calling the number displayed on the screen. That number is 519-822-1260

48:01extension 2524.

48:05And when you call in staff, we'll give you instructions on how you can delegate

48:09remotely and I believe the applicant is appearing via video.

48:13Thank you and is the applicant here?

48:17Yes, I am. Good afternoon.

48:21Can you state your name and your relationship to the application

48:25for the record, please? Yes, my name is Justin. Last name. Kelly

48:29KELLY. I am the agent for the owner of

48:3348 Edinburgh Road South. And can you tell me if the sign was posted as per the planning act?

48:38Yes, it was. Well, thank you. Your

48:42time of 10 minutes approaches so you can

48:46make use of that time as much as you wish.

48:50Thank you. Well, thank you, Chair. Thank you, committee,

48:54for meeting and reviewing this application. For some reason I keep finding

48:58myself in these unique situations with some of these properties. So

49:02this one in particular is a single, there's a

49:06two-story dwelling unit with a proposed second-story addition

49:10on top of a single story of a two-story

49:14dwelling unit. So essentially we have a two-story dwelling unit with a rear

49:18addition that was put on in the past. That addition is

49:22currently a one-story with a raised balcony or balcony on top of that particular

49:26space. In this case, the owner would like to

49:30remove that balcony and put a living space on top of that instead. So

49:34that's the one-story dwelling unit on top of that.

49:38Now, currently the one-story addition that was built when it was applied for,

49:42when it was built, it met all the applicable laws. Unfortunately, in this

49:46case, the proposed second-story addition does not meet the rear yard

49:50setback. Now, in this case, our regular rear yard

49:54setback is 7.5. It's actually not true. We have the lesser requirement, 20%

49:58depth of the lot. So we only have a 5.37 meter rear yard setback.

50:02We're originally proposing a 1.27 meter rear

50:06yard setback matching the existing. So the proposed

50:10addition will go directly on top of the existing one-story addition meeting,

50:14kind of that rear existing rear yard setback whenever it was approved at the time.

50:18Now, again, I have to apologize

50:22for kind of our blunt response to the

50:26coordination that we received earlier today. Just we were in such a rush to get it back

50:30in time that we just wanted to try and get as much on

50:34as a response as possible. So I just want to touch base on some of those items

50:38that were raised. None of them are unreasonable requests to

50:42responses from the neighbor.

50:46In this case, the first one being the light. And maybe it's best to pull up.

50:50I believe it's drawing SP 1.0. That was the new drawing that

50:54was submitted today, if at all possible.

50:58The only reason that drawing is at all applicable is just because we attached

51:02an image on there that was received in the correspondence and it kind of showed

51:06the sunlight unfortunately not really peeking over

51:10top of that existing addition as it sits. I should mention

51:14to where the addition is being built, it looks like there's just the one window that will be affected

51:18there. You can see an image in number 3, that red square.

51:22Even more unfortunate, that window there, the blinds are closed

51:26window as it sits. So moving forward though, regardless, it seems that

51:30the proposed addition would and could affect some of the sunlight but

51:34again not peeking over the existing addition as it stands.

51:38Moving forward, one of the concerns was privacy. Again, a reasonable concern.

51:42In this case, I think again we're building

51:46three walls that are actually enclosing this balcony. Currently we could have

51:50I shouldn't say the owner could have 10 or 30 people on top of that

51:54balcony which is visible to that backyard, visible to that neighbor.

51:58This is actually closing it in and whether windows are permitted or not, it would

52:02actually reduce the amount of

52:06glaring eyes onto that rear yard. So maybe actually increasing a bit of the privacy.

52:10Furthermore, he had two more concerns. One's being the trees.

52:14The trees will remain as is obviously this previous one

52:18story addition was built with trees there. There's no proposed foundations or anything

52:22of that nature that would affect the trees so they can remain.

52:26Furthermore, the last one being access. The owner was not aware

52:30that his tenants were using the neighbor's driveway to access

52:34their space and he mentioned that he will take care of that. If that's a

52:38concern of the neighbor, he will make sure that they do not use that space moving forward.

52:42Now the last thing I just want to bring up before we

52:46move on is just there was one recommendation from the building department

52:50asking for no windows to be proposed along the rear

52:54wall of the building. In this particular case

52:58the owner isn't necessarily happy about that

53:02concern although reasonable. If we refer to drawing

53:06a 4.3, what we've actually done is

53:10we've reduced the amount of windows along that back wall. We've shrunk the amount of windows

53:14with the intention to again provide as much privacy as possible.

53:18I just wanted to mention and maybe this is a question for through the chair

53:22to the building but more concerns of the fact that

53:26it does seem to meet the building code and that top right hand

53:30sorry, top left hand corner there's the unprotected openings along that rear

53:34wall. It does seem to meet the building code so I'm not sure necessarily

53:38why we wouldn't be allowed to have proposed openings on that wall

53:42but furthermore we can answer that moving forward but that's all I have for now.

53:48Thank you very much and

53:52you're well under time and very concise and you

53:56also addressed staff's comments so thank you for that.

54:02Do we have any questions of this applicant?

54:13Don't see any. I have a question for staff regarding

54:17their comment of fenestration.

54:21Could staff address that

54:25even the comments that have been made by the applicant?

54:31To the chair.

54:35I would just like to go over the history of this structure first.

54:39Please. I think I kept hearing the applicant state

54:44that the addition is getting now

54:48an addition on top of it. I'm not sure but

54:52there was originally a bungalow that faced

54:56Edinburgh Road south, a small bungalow and the

55:00only one story portion of that bungalow is the

55:04existing portion, like the existing dwelling

55:08once upon a time. It

55:12has had many building permits over the years.

55:16The rear addition and two

55:20story and then addition over the main bungalow

55:24which meets the required rear yard setback

55:28and just due to the massing, the size,

55:32there are no real side yards or rear yards

55:38left for amenity space

55:42and the privacy concern

55:46just from I'd say the depth

55:50of the building going along the neighbor's property line.

55:54I think the

55:56building services thought that though it does meet building code windows

56:00that for the reasons that the owner wrote in that privacy could be a concern

56:05and recommended the condition. The committee is welcome to remove it.

56:12Thank you very much. That's very helpful.

56:16Committee members, do we have any other questions? Seeing none,

56:22I'll ask the public if there are any members,

56:26public in the gallery. Please come forward.

56:30Welcome. Can you state your name for the record please and you'll have to touch that little

56:46button there to turn the microphone on. Thank you. And your name is?

56:50My name is Jill Johnson and thank you for hearing my

56:54comments. I had missed the deadline and I appreciate that

56:58I'm still able to join the conversation. We have 10 minutes,

57:02Ms. Johnson. That's great. Thank you. Thank you for doing your

57:06best to make sure that the words are spoken in a way that

57:10makes sense. I appreciate the kind of

57:13diligence on all the cases before you today. It's not often I speak to

57:18committee of adjustment or council. So it was nice to see you in person

57:22today. In this case, I've been trying to figure out

57:26when such a variance of the 1.22

57:30or the original requirement is five meters.

57:33So a reduction of four meters.

57:35I've been trying to figure out when that would be approved

57:38and haven't figured that quite out.

57:40So I'll speak to somebody later to find out

57:42when that kind of thing is allowed.

57:46I wonder about the kind of precedent

57:50that it would set to allow that.

57:53And I appreciate the clarification from the staff member

57:56here about it being the original building.

57:59Because when it was referred to as a addition,

58:04I've lived there 30 years.

58:05I couldn't remember when that got added.

58:08So I appreciate that you clarified that for me

58:11as well as others.

58:13It was a one story bungalow.

58:14It was a cutest little thing.

58:17I'm told the original on the block.

58:19So it is part of that wonderful old neighborhood.

58:23I live in an old stone cottage in behind it on Galt Street.

58:27And I recall when that addition that is currently there,

58:31the second part, as well as the addition on top, went in.

58:36And if my memory serves, it did not require a variance.

58:42It was approved without my knowledge.

58:45Anyway, I called the city and said, there's bulldozers here.

58:48Like, is there a public?

58:49Is there something there?

58:51And there's 12 feet left on the side of the variance

58:55where my property butts this one.

58:58And I was dismayed with the height of the building

59:01and could see how much sunlight was blocked

59:03at that point in time.

59:05So my question isn't necessarily about the 1.277 meters

59:10request on the second floor.

59:13But rather, when that kind of variance gets done,

59:17and it's a second story, and then how high is that building?

59:22And I've been trying to look at the documents

59:27that were included online.

59:29And my site isn't what it used to be.

59:32So I could not figure out how high that building, that structure,

59:38is actually going to be.

59:40I hear it when it said it's only going to be three walls added,

59:45but that doesn't include a roofline.

59:48And in the documents, I can't find that roofline measurement

59:52of how high that actually is.

59:55So I apologize.

59:57I can't do the metric to imperial.

59:59It's not my forte.

1:00:01But I can't tell that height.

1:00:03I've tried.

1:00:05I think it's 35 feet, but I don't know.

1:00:10So it takes me back to my high school geometry

1:00:12to figure out what that triangle actually looks like.

1:00:18And that's a pretty tall tree, I think, that I would look at.

1:00:24It looks like a Christmas tree if you look at the right angles

1:00:26and so on.

1:00:28So I do question the 1.277 being unacceptable.

1:00:34And I realize this is not a point directly,

1:00:37but as the structure of the building

1:00:40pushes people outside that building,

1:00:44pushes people to walk around that building,

1:00:47the traffic flow is quite pushed to the edges,

1:00:51whether it be the 12 feet or whether it be the 1.277 meters.

1:00:59And that encroaches people in that areas.

1:01:04So I just make that as a note.

1:01:05When you're pushing people to that outside to walk around

1:01:08and so on.

1:01:09So while this is not central to the bylaw variance request,

1:01:13whether it be the 12 foot on the one side or the 1.277,

1:01:18sorry, imperial versus not otherwise,

1:01:20it is the whole request I feel needs to be considered

1:01:26when looking at it.

1:01:28The height of the building isn't what we're looking at here.

1:01:30It is the variance of the 1.277 meters.

1:01:34But the context for the neighboring properties is critical.

1:01:39And I'd like to ask that as a question.

1:01:42So I worry about us looking at the 1.277 request

1:01:47without the context of the height of the building as well.

1:01:51May I thank you?

1:01:53Five minutes in and I appreciate your time and efforts.

1:01:57The detail in this file is remarkable.

1:02:01Thank you.

1:02:02If you want to wait right there, thank you.

1:02:03And there may be some questions from my colleagues.

1:02:08Members of committee, do you have any questions of this delegate?

1:02:15I see none.

1:02:16So thank you very much for your delegation.

1:02:18We do appreciate it.

1:02:20Is there, I see there's another speaker.

1:02:23Please come forward to the podium.

1:02:33Good afternoon.

1:02:34Can you state your name for the record, please?

1:02:36My name is Janine Barnard.

1:02:41You have 10 minutes to address the committee.

1:02:44Terrific.

1:02:44Thanks very much.

1:02:46If I may, through the chair, to the staff,

1:02:48could you please put up the photo of the sun

1:02:51through the window where you actually see the sun?

1:02:54I'm referring to the photo that the applicant has shown,

1:02:59which is not really a good one.

1:03:02And that's not it.

1:03:04That is a good photo.

1:03:05That's from my kitchen window.

1:03:11The issue is that the current setback,

1:03:15because there is a deck there, is quite deep.

1:03:18And as a result, when the sun rises up

1:03:20over the second floor addition, it

1:03:22comes right down onto my property and into my kitchen windows.

1:03:27The kitchen windows, and in fact, all of the next one,

1:03:30I think, all of the common areas of my house face,

1:03:37that's not the one I'm looking for.

1:03:40It was the one I sent more recently.

1:03:46That's it.

1:03:47So you can see that the sun is, in fact, directly

1:03:50over top of the building.

1:03:52And I think when that building comes in on top of the deck,

1:03:57that light is no longer going to come into my kitchen.

1:04:00The kitchen is the only room that gets direct sunlight

1:04:03in the morning.

1:04:04All of the common areas of my house, the kitchen and living

1:04:07room, face this property.

1:04:09My property runs east-west from Edinburgh.

1:04:15And this one, although we are referring to it

1:04:18as the back of 48, it is, in fact, the side of my property.

1:04:23It's also the area where my patio and garage and garden are.

1:04:30So it's really a very public space for me.

1:04:34My sense is that although the gentleman mentioned

1:04:38that you could have 30 people on the deck, that's true.

1:04:42If there were 30 people on the deck,

1:04:44I would know they were there.

1:04:45And I would know that they had a line of sight

1:04:47into my windows and my backyard and my patio area.

1:04:52So if the area is enclosed, then I won't have that sense.

1:04:58And I will feel rather surveilled.

1:05:01To be honest, it's kind of like a canyon, I think.

1:05:05The suggestion, the distance between my house and the property

1:05:10is only, I think, 11 feet plus the walkway.

1:05:14So it's really very close and it's very high.

1:05:19So really overall, I am speaking to the issue of light and privacy.

1:05:26And the trees, I recognize they're saying that they don't need to be removed.

1:05:31But I think the bulk of the branches are actually kind of over that deck.

1:05:34So I'm not sure whether the tree will be compromised as a result.

1:05:39I also spoke to the, in my comments about people using the driveway.

1:05:48So there's a kind of a visual encroachment, but also a physical encroachment.

1:05:52If you see the fence there in the area behind us,

1:05:56the area where there's access to the ground floor apartment

1:06:01and the owner has a number of tenants who live there.

1:06:04I think it's easier and faster for them to access their property

1:06:08from Edinburgh Road, which means that they come along a very narrow walkway

1:06:13at the back there where the trees are.

1:06:16And I understand that the owner will talk to the tenants,

1:06:20but in my conversation with them, they have told me that the owner prefers

1:06:24that they use the back entrance as opposed to the front.

1:06:27So perhaps there's some discussion to be had there.

1:06:34I guess the other issue is, you know,

1:06:37if there are any windows, you can't have a fence high enough in the yard

1:06:45to keep people from seeing from that height.

1:06:47So I really feel quite exposed.

1:06:49That's all.

1:06:51Thank you.

1:06:53Thank you.

1:06:53If you want to wait there, I'll see if there are any questions for you.

1:06:58Do we have any questions of this delegate?

1:07:03I do have one question, and that is,

1:07:08are you opposed to the concept of putting this extension onto the existing unit?

1:07:19Or is it the windows that are really at the heart of your complaint?

1:07:27Oh, I'm opposed to the concept because I believe that regardless of the windows,

1:07:32pulling this forward, you know, removing the setback means that it will obscure the sun.

1:07:37It's a really, you know, it's high at that point, but not high enough

1:07:41when the building is pulled that much closer to my property.

1:07:45OK, thank you very much.

1:07:48I think we have another delegate.

1:07:50Please come forward.

1:08:01Hello, can you state your name for the record, please?

1:08:05You'll have to push the button there.

1:08:07How about now?

1:08:09It's Jack DeVos.

1:08:13Welcome, Mr. Vos.

1:08:14Thank you for having me.

1:08:16Thank you for having me.

1:08:18I live in the neighborhood.

1:08:20I just have a couple of questions and some concerns.

1:08:24One, there was a notation that, or there was a note that the owner or landlord would present

1:08:33the issue to his tenants that they were accessing the neighbor's property.

1:08:38I don't see that as possible given that there's a tree in the way.

1:08:43They're physically incapable of exiting that house or that property without accessing the neighbor's property.

1:08:50So, I mean, you can see from some of the pictures there, there's a tree that presents its way.

1:08:56So, I mean, unless he puts up some sort of structure to prevent them from going in that direction,

1:09:02I can't see them not being able to exit the building without going on the neighbor's property.

1:09:09The other question I have is, I believe this property is zoned residential low one.

1:09:16And do we know how many actual tenants or units are in this building?

1:09:27Because I'm just wondering if that's...

1:09:29I believe there are two units in the building.

1:09:31Are we sure there's only two units?

1:09:34It's a pretty large structure, only having two units.

1:09:38We'll ask the applicant when you've concluded.

1:09:42So, I'm just wondering if this fits with the description of being low density residential number one,

1:09:48having that many units and how many units or how many individuals does this addition permit once it's complete?

1:09:59I'm also considering why, given that there's significant space on the property,

1:10:14why are we considering, in addition to something that requires variance,

1:10:19there's other areas of the property that this house could be expanded on.

1:10:27And I said, I do like the notes that this does seem to be an addition on an addition.

1:10:33I haven't lived in the area long.

1:10:35I brought my family in it probably about seven years ago.

1:10:39But I have been, I suppose, fortunate to have seen that there's been several additions to this property.

1:10:45This seems to be an addition on an addition from a previous addition.

1:10:49So, is this it?

1:10:52Are we going to be here next year?

1:10:54Because we were here, I think, two years ago.

1:10:56Yeah, just two years in the past.

1:10:59So, I do notice that there's another piece of the property that does have a one story.

1:11:04Are we going to be here next year for another addition?

1:11:07And are we're these additions probably not likely to have been built in the past?

1:11:13And now we're just, it's just a piecemeal process just to get them through.

1:11:17It seems to be a weird way of getting very large building at the end.

1:11:24So, that's my comments.

1:11:27Thank you.

1:11:28If you want to wait right there, see if any of my colleagues have any questions for you.

1:11:33Committee members, do we have any questions for this delegate?

1:11:38Seeing none.

1:11:39Thank you very much for your delegation today.

1:11:47Are there any other members of the public in the gallery who wish to speak to this?

1:11:54Seeing none, Madam Secretary Treasurer, do we have anyone online?

1:11:58Chair Smith, I can confirm no further delegation requests have been received.

1:12:03Thank you.

1:12:05I think that at this point,

1:12:07and the number of the three delegates who have,

1:12:11have responded to the application,

1:12:14it's incumbent on us to allow the applicant to address some of those comments.

1:12:20So, if Mr. Kelly, you're still there,

1:12:22if you would like to address some of the concerns that have been raised.

1:12:28Yes, through the chair. Thank you for the opportunity.

1:12:32I'll just go through these based on number of speakers.

1:12:36So, number one, the first concern was in regards to the height of the addition.

1:12:44The, I guess the easy way to look at it as somebody,

1:12:47regardless of if you had a measure or not,

1:12:50the proposed addition will match the existing addition.

1:12:53The height will not be any higher or lower than the existing two-story addition that was put on the building.

1:12:59If you were in your backyard for say, looking at that particular addition,

1:13:03that's the height it will be. It won't be any larger than that.

1:13:07So you're saying that the roof line from the existing second story would extend

1:13:15at the same ridgeline to the new addition. Is that correct?

1:13:20That's correct. Yes.

1:13:24In regards to number two, again, privacy is,

1:13:28you made a good point about the peering eyes and that's a good way to look at it.

1:13:34I think maybe in this case, if there was an opportunity for those windows to be either opaque or have an opaque film of some sort on them so that we don't have those peering eyes into somebody's backyard,

1:13:45I think that that might be something that maybe we can look at doing so that there is still, again, the privacy is still important and we can have a window,

1:13:55but not necessarily having a peering eye into your backyard.

1:13:59And I should mention too that technically the addition is only facing kind of the main dwelling and not necessarily in the backyard.

1:14:06I realize if you were to look on possibly an angle, you could see into the backyard, but maybe that's what that film could do.

1:14:14And finally, item number three, again, my understanding there's only two dwelling units in the building.

1:14:21My understanding is there's no person limit on that particular unless it became a logical or something is that effect, but this is not.

1:14:29And finally, again, I think he mentioned that there's another one story portion of the building that could become two story currently right now, besides the balcony area here at the rear of the property.

1:14:40Every portion of that building is already two stories.

1:14:45That's I believe all of our additional comments. Thank you.

1:14:49Okay, thank you.

1:14:51Colleagues, do we have any questions for the applicant based on his further comments?

1:14:58I do have one question, two questions based on some of the comments.

1:15:04The issue of the trees was raised.

1:15:07And I don't know if that city staff or the applicant, but what would be required to ensure those trees are not damaged?

1:15:16Through you, Mr. Chair, there could be an addition or a condition added to the decision if the committee wishes to ensure that a tree inventory and preservation plan be required.

1:15:39Okay, thank you. And I guess this one is to Mr. Kelly, and that is in terms of egress.

1:15:47It's been raised. You noted that the owner is going to speak to the tenants, but it's been raised. The egress through the driveway is difficult.

1:16:01I assume there's there's a formal way of entrance and egress to this unit that would make this a moot point. Am I correct?

1:16:14Yeah, that's correct. I'm sorry I didn't touch on that. You're right. In this particular case, the tenant should only be accessing their space through the main property.

1:16:23The fact that they're going down the rear of the property and then exiting onto the neighbors yard obviously is not ideal at all.

1:16:30So whether that be, you know, a fence or something put in place as an actual stop to that tenant.

1:16:38But I think a conversation to that tenant saying, listen, you can't go onto the neighbors lawn. Let's continue to exit down and through the side of our property out towards street and then you don't need to access that from our neighbor space.

1:16:53Thank you. Those are my questions.

1:16:56Member Goodfellow.

1:16:57Yes, through the chair to the applicant and I apologize if you clarified this, but can you just remind me or clarify how many units are in the building and approximately how many tenants currently?

1:17:08Sorry, I believe that was to me. So sorry through the chair to the committee member. My understanding is there's only two units. I am unsure of the amount of tenants.

1:17:21If that's something that you need clarification on, I'm sure we can get it.

1:17:25But currently approved and you know, building code wise approved by the building department. There are two separate units, one single family dwelling and an additional one unit.

1:17:37Thank you. And just to follow up question then for city staff, I don't think I have heard. Sorry, through the chair to city staff. I don't think I have heard that there are limitations on the number of tenants and units, but could you just help me?

1:17:52With that remind me if there are any limitations.

1:17:57Yeah, through the chair chair to member Goodfellow.

1:18:01There is not a restriction on number of people.

1:18:07Sometimes.

1:18:10And just to be clear under the new zoning bylaw now as of right three units are permitted in a single family dwelling.

1:18:20Staff will be aware when there's

1:18:25Let's see more than five or six bedrooms per unit for the possibility of a lodging house, but I'm not saying that this is a lodging house at all just it would we would be aware of the property.

1:18:38Thank you. That's really helpful.

1:18:42Thank you. And I have one final question for city staff and it's in regards to staff's recommendation to not include the windows.

1:18:57If I look at the floor plan, I see that there is fenestration on the opposite side. So in terms of the building code, there wouldn't be an impact of that condition on on the ability for this to be constructed.

1:19:14Am I reading that correctly? That's correct. Okay. Thank you.

1:19:24Any other comments or questions? Seeing none. I would like some advice if we have a motion to proceed. Don't all speak at once.

1:19:47I will. I will move that we accept the application without the condition.

1:20:00Okay, do we have a seconder for that? I don't see a seconder at this point.

1:20:10If we don't have a seconder, we'll be looking for another motion, I believe. Member Pike.

1:20:30I would move to approve the application with city's conditions and

1:20:40add in the condition of a tree inventory.

1:20:45A tree inventory or tree protection? Both.

1:20:50Okay. Before I get a seconder on that, I see city staff waving their arms.

1:20:59So I'd like to hear from staff if you don't mind.

1:21:04Thank you, Mr. Chair.

1:21:05Regarding the tree inventory and preservation plan,

1:21:08I do have a standard wording for a condition along those lines if you would

1:21:12like me to read that out for Member Pike.

1:21:15So that condition is that a tree inventory and preservation plan

1:21:19undertaken by a qualified arborist in accordance with the requirements of the

1:21:23city's tree technical manual will be required prior to any works on the site

1:21:27or development approvals to the satisfaction of the general manager of

1:21:30planning and building services.

1:21:35Is that acceptable, Member Pike?

1:21:38That's exactly what I was going to say. Thank you.

1:21:42That's awesome. And do we have a seconder of this motion?

1:21:54I'm not seeing one, but at this point I'd be ready to second that if

1:21:59that fits in within the rules of order.

1:22:06Do we have any discussion? We have a motion.

1:22:13Then I will call for the Secretary of Treasury to conduct a vote.

1:22:19Thank you, Chair. Committee members, please indicate your vote by responding in favor

1:22:23or opposed to the motion, which is to approve the application with the two staff recommended

1:22:28conditions plus the additional condition requiring a tree inventory and preservation plan.

1:22:35Chair Smith. In favor.

1:22:38Member Balaban. Opposed.

1:22:41Member Goodfellow. In favor.

1:22:44Member Pike. In favor.

1:22:47Member Sayer.

1:22:50Opposed.

1:22:52And Member Spears. In favor.

1:22:55That's carried, Chair.

1:22:56Your application with the conditions has been approved.

1:23:01Thank you for your time, everybody.

1:23:04Thank you. I appreciate your cooperation on this difficult issue.

1:23:11Madam Secretary Treasurer, may we have the next application?

1:23:19The next application is file A-87-23,

1:23:25variances to permit reduced front yard setback and increased front yard projection

1:23:30for proposed uncovered porch and stairs at 110 Beechwood Avenue.

1:23:34I'll also note for those attending remotely, if you wish to speak to this application,

1:23:38you can do so by calling the number displayed on the screen.

1:23:41That number is 519-822-1260, extension 2524.

1:23:46And when you call in, staff will give you instructions on how you can delegate remotely via phone.

1:23:51Is the applicant present or are they?

1:23:55Telephone. Darrell Seuss. Hickory D'Hickory D'Hot.

1:24:06Thank you. And can you tell me if you have your representation?

1:24:16You're representing the applicant or you are the applicant?

1:24:21We are representing the homeowner as a representative.

1:24:26Thank you. And can you tell me if the sign was posted as per the Planning Act?

1:24:32Yes, it was.

1:24:35And have you read staff's comments and are you in agreement?

1:24:39I have read them and I am in agreement. Thank you.

1:24:43Thank you.

1:24:44Will you have 10 minutes to address the committee? So please go ahead.

1:24:50I have no concerns and nothing to add to the matter

1:24:54and in hopes for the approval that is suggested. Thank you.

1:25:00Thank you. Committee members, do we have any questions of this applicant?

1:25:06Member Goodfellow.

1:25:08Hi, yes, through the chair to the applicant. I think this is a straightforward one.

1:25:11I was looking at your submitted drawings and trying to just understand the distance

1:25:17back from the toe of the stairway to the sidewalk.

1:25:24Perhaps I missed that on the drawing, but if I would I'd be interested in some clarification

1:25:28of how far out those stairs are going to extend and how close they will get to the sidewalk.

1:25:35Thank you. Yes, thank you.

1:25:40So the stairs project out approximately seven feet from the, for the space of the house.

1:25:49And then there's another approximate seven feet to the sidewalk.

1:25:54This is a very unique property because the setback is actually an average of the two adjacent homes.

1:26:01And in this case, the two adjacent homes put the setback within the dwelling of our client's home,

1:26:09making it quite difficult to, to build any sort of front porch for them,

1:26:13which is why we have requested the zero meter setback as there is a fair distance from the

1:26:18sidewalk to where the stair, the proposed stairs will be landing.

1:26:24Thank you. You've completely answered my question. That's great. Thank you.

1:26:30Thank you. Member Goodfellow. Any other questions for this applicant?

1:26:36Yes, through. Yes. Through you, Mr. Chair,

1:26:41to the applicant, are you going to remove the existing steps that are there currently?

1:26:48Like that it shows them there, but it doesn't say that they're going to be removed.

1:26:55Yes, that is correct. The existing staircase that cascades down to the driveway parallel with the

1:27:02front face of the house will be removed as the client is hoped to have more of a

1:27:07just for curb appeal, the aesthetics of the stairs facing the towards the road and sidewalk.

1:27:14Thank you very much. Any other questions? Seeing none. Do we have any questions from

1:27:25members of the public either in the gallery or online?

1:27:32Chair Smith, I can confirm no delegation requests.

1:27:35Thank you. Committee members, what is your wish? Do we have a motion that we can entertain?

1:27:42Member Goodfellow. Yes. I move approval with no conditions as recommended by staff.

1:27:48And we have a seconder. Member Pike. Is there any discussion on the motion before us? Seeing none.

1:27:59Madam Secretary Treasurer, would you handle the vote please?

1:28:03Thank you, Chair. Committee members, please indicate your vote by responding

1:28:07in favor or opposed to the motion, which is to approve the application. Chair Smith.

1:28:12In favor. Member Balaban. In favor. Member Goodfellow. In favor. Member Pike.

1:28:19In favor. Member Serre. In favor. And member Spears. In favor. That's carried, Chair.

1:28:28Your application has been approved. You're free to leave the meeting.

1:28:33Thank you for your time. Enjoy your evening. And the same to you. Thank you.

1:28:40Madam Secretary Treasurer, do we have another application?

1:28:48The last application is file A-88 slash 23, variance to permit additional residential dwelling unit

1:28:56use at 16 Glenholm Drive. For those attending remotely, if you wish to speak to this application,

1:29:02you can do so by calling the number displayed on the screen. The number is 519-822-1260

1:29:09extension 2524. And when you call in, staff will give you instructions on how you can delegate

1:29:14remotely. And is the applicant present? Yes. Hello. Hello. And can you state your name for

1:29:31the record, please, and your relationship to this application? My name is Phil McFadden,

1:29:36representing Build Consulting Services as the agent of the homeowner on this file.

1:29:44Thank you. And can you tell me if the sign was posted as per the planning act?

1:29:49Yes, it was. And have you read staff's comments and are you in agreement?

1:29:55We did, and we are. Well, that simplifies things. May I give you 10 minutes to address the committee?

1:30:06Absolutely, and I will keep it very brief. This application is to allow the,

1:30:13basically just to make the township of Postal Inch by-law from 85 agree with everything.

1:30:21Staff is in support. It's existed in its place for about 30 years. There's no new construction

1:30:27taking place. We're just making things all legal as per the city's request. So that is all I have to add.

1:30:37Thank you. Committee members, do we have any questions of this applicant? Member Goodfellow.

1:30:48Yes, through the chair to the applicant. I did notice that we had received some comments from

1:30:54a neighbor and just wondering if you've had a chance to review those and could comment

1:30:58on any of the questions that were raised. We did receive the comments from the neighbor and

1:31:07basically the only item that we're going to speak to or that I'll speak to as all other concerns

1:31:13come up in the review of this file as it is. So we have a building permit obviously that has to be

1:31:19approved. We have conducted a sanitary survey of the septic system on site to make sure that

1:31:28everything is in good working order and can receive the volume from this unit.

1:31:33All other items that were brought to concern are being addressed. The only one thing that was

1:31:40in the comments from the neighbor is about a light and the homeowner himself stated

1:31:46not a problem. He wasn't even aware that I don't think this is even part of the apartment. I think

1:31:50this is just a light on the property that happens to shine towards their property and he's already

1:31:56sort of said, yep, not a problem. We'll deal with that. Otherwise, yes, we're aware and we address the concerns.

1:32:04That's great. Thank you so much. Thank you, member Goodfellow. You

1:32:14eukered me in terms of my question. So thank you. Do we have any other questions for this applicant?

1:32:23Seeing none. Committee members, can we have a motion please? Member Spears. Your microphone's

1:32:34not on. Members. Sorry. I recommend we accept this. I approve this as requested.

1:32:43And do we have a seconder? Member Sayers. Is there any discussion on the motion before us?

1:32:55Seeing none. Madam Secretary Treasurer, will you conduct the vote?

1:33:00Thank you, Chair. And I'll just confirm before we proceed that there were no delegation requests

1:33:05received. Thank you. I did miss that. Committee members, please indicate your vote by responding

1:33:11in favor or opposed to the motion, which is to approve the application. Chair Smith.

1:33:16In favor. Member Bauman. In favor. Member Goodfellow. In favor. Member Pike.

1:33:23In favor. Member Seyer. In favor. And member Spears. In favor. That's carried, Chair.

1:33:31Thank you. Your application has been approved. Thank you very much. Have a great night, everybody.

1:33:38Thank you. I believe that concludes our agenda for this evening. Is that correct,

1:33:56Madam Secretary Treasurer? Chair Smith, I do have a few announcements to go over. So,

1:34:03yes, please. We'll go ahead and do that. First is a reminder to the committee members that the

1:34:09annual election of the chair and vice chair will take place at the next hearing on January 11th,

1:34:152024. And also there are some updates regarding the membership of the committee. I'm pleased to

1:34:21announce that City Council on November 28th appointed Anne Balaban to the Committee of

1:34:27Adjustment for the remainder of the term. And congratulations, Member Balaban, on your appointment.

1:34:34Lastly, I wanted to advise that today is Member Pike's last hearing with the committee. This is

1:34:40an opportunity for us all to take a moment to recognize him for his dedication to the committee

1:34:45since his appointment earlier this year. We have prepared a token of our appreciation for his service

1:34:50and are sending him our best wishes. As this has created an additional vacancy, staff will work

1:34:56with the City Clerk's Office to determine the next steps to fill the vacancy. And that's all

1:35:01the announcements I had, Mr. Chair. Thank you, Madam Secretary Treasurer. Let me welcome

1:35:08Member Balaban to our gang. And hopefully we'll go easy on you to start with. But

1:35:15shortly in the new year it'll be more difficult. Member Pike can speak to a couple of late nights

1:35:22we have had, but they have been thankfully few and far between. And I'd also like to extend my

1:35:31thanks and current congratulations to Member Pike. It's been a pleasure. And best of luck with your

1:35:37future and your move. And I think the only other thing I'd like to add is that I will be standing

1:35:49for consideration by my colleagues for Chair in the next session. So I'm not going to say

1:35:57anything more than that, but I will put my name forward. So with that, unless we have any other

1:36:05comments, I will ask for a motion to adjourn. Member Pike and seconded by Member Spears,

1:36:14all those in favour, we stand adjourned. See you next year.