Committee of Adjustment

7:57Good afternoon, Wealth. I'd like to call to order the April 9th,

8:012026 hearing of our Committee of Adjustment here in Wealth.

8:07This hearing is being held in a hybrid format with attendees appearing in person

8:11or remotely and is being live streamed and recorded.

8:15Please be advised that public hearings form part of the public record and the

8:18words, names and images of those participating shall be recorded and posted

8:23online.

8:24We have received regrets from members Ross and Spears today who will not be

8:28attending this hearing. Before I outline the hearing format,

8:32if you are watching online and wish to speak to an application that's listed on

8:36the agenda and have not yet submitted a request in advance of the hearing,

8:41please call the number displayed on the screen now.

8:44That number is 519-822-1260.

8:49That's 519-822-1260 and the extension is 2524.

8:56You will receive instructions on how to participate if you call that number.

9:00For those attending the hearing in person,

9:02you'll also be given a chance to address the committee.

9:04A final call for delegations will be made when each application has been

9:09called.

9:11The agenda for this hearing has been posted online at wealth.ca forward slash

9:15cofa and I will remind myself and all committee members and staff participating

9:22in the hearing to please mute your microphone when not in use.

9:26Applicants will be unmuted when their application is called.

9:30I'd also like to share the format that we'll be using to navigate through the

9:34meeting tonight.

9:36Each applicant will be called by the secretary,

9:38treasurer and the call in number for those wishing to speak to an application

9:41shall be displayed on the screen.

9:44Afterwards, the applicant will be given an opportunity to add anything further to

9:48their application to a maximum of 10 minutes.

9:52You will hear a chime when there are 30 seconds left and another when the 10

9:56minutes have elapsed.

9:58If you're the applicant and you have nothing further to add,

10:02then you can simply say so.

10:04Following this, for some files, staff may provide a brief presentation.

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

10:14After that, we will hear from members of the public who wished to comment on an

10:18application. Please note that all comments should be addressed through myself,

10:23the chair. Please avoid repeating concerns already stated by others and focus on

10:29adding new information.

10:32Comments are limited to 10 minutes or less and you'll hear a chime when there

10:36are 30 seconds left than another one. The 10 minutes have elapsed for delegates

10:40that have advised staff in advance of the hearing that they wish to display a

10:45presentation. Your presentation shall be displayed on the screen and a remote is

10:51available at the podium for delegates in person to advance their slides.

10:56Any members of the public who have submitted a request to speak prior to the

11:00hearing will be the first invited to provide comments for those watching the

11:05hearing online if you wish to speak to an application and have not yet submitted

11:09a request in advance of the hearing. Please call the number displayed on the

11:14screen now. For those attending the hearing in person, you'll also be given a

11:20chance to come forward to the podium and address our committee.

11:24Once all comments from the public have been heard, the applicant or staff will

11:28be given an opportunity to respond to any and all comments. Finally, as the chair,

11:33I shall turn to our committee for motion and deliberation, as well as vote on the

11:39application. When the committee is making its decision on an applicant as chair,

11:44I will be asking our secretary treasurer to conduct the vote by roll call.

11:48Secretary treasurer will call each of the members name and each member will

11:52respond if they are in favor or opposed to a motion and I shall announce the

11:59results of the vote. If you wish to receive a copy of this decision on an

12:06application, you must submit a written application, pardon me, a written

12:10request. A written request can be made by contacting staff using the contact

12:16information shown on the screen. To receive a copy of the decision, please

12:21email cofa at 12.ca with your name, the file number you're interested in.

12:31Please note that owners and applicants automatically receive a copy of each

12:35decision. As member Ross is absent, I will now perform, provide, excuse me, the

12:43territorial acknowledgement and I would ask those that are able to please stand

12:47while I do so. As we gather, let us take time to reflect on our privilege to live

12:59and work in Guelph, a city built over rich indigenous histories. We are guests

13:05here and we should reflect upon that responsibility to care for this land,

13:10the people who live here today and the generations to come. If our actions

13:15today can move us towards reconciliation, we should take pause and make those

13:20decisions with intention and gratitude. This place we call Guelph has served as

13:26traditional lands and the place of refutes for many peoples over time, but

13:31more specifically the Adirondrech and the Honoshone. This land is held as the

13:37treaty lands and territory of the Mississaugas of the credits per nation.

13:42Guelph lies directly adjacent to the Haldeman track and is part of a long

13:46established traditional hunting ground for the six nations of the Grand River.

13:51Many first nations, Inuit and Métis people have come from across Turtle Island

13:57to call Guelph home today. Thank you. At this point, I would like to ask if there

14:16are any canary interests on the committee.

14:21Seeing none, I will ask for a motion to accept our minutes from the last meeting.

14:28Member Fitzpatrick and a seconder. Member Meir, all those in favor.

14:33I believe that carries, Madam Secretary Treasurer.

14:37I've confirmed with our Secretary Treasurer that we do not have any

14:43withdrawals, but we do have two deferral motions. So at this point, I will ask the

14:56Secretary Treasurer to call the first applicant, please.

15:02Thank you, Chair. We do have two deferral requests this evening. First for

15:07minor variance fell a-15-26 for 1045 Paisley Road. The applicant has agreed

15:14with the staff recommendation to defer the application to allow additional time

15:18to collaborate with staff on required variances. The applicant is in attendance

15:22should the committee have any questions, but I'll turn it back to the

15:27Chair for a deferral motion before we address the second deferral request.

15:30Thank you. Is the applicant here? Oh, Vidhi Ville. There we are.

15:41Good afternoon. Good afternoon. Can you state your name for the record, please?

15:44Sure thing. Yeah, I'm Connor Wright, urban planner with Zalinka Priamo.

15:50And can you tell me if your relationship to the application?

15:54Sure. So I'm the agent on behalf of the owner of this application.

15:59Thank you. And can you tell me if the sign was posted as per the Planning Act?

16:04That's right. Yes.

16:06And I assume you have read staff's comments and you and are you in agreement

16:12with the suggestion for deferral?

16:15We are, Mr. Chair. Thank you. We've read the comments and we've agreed to defer

16:20the application to have some more discussions.

16:23Thank you. And as you may have heard in my preamble, you have 10 minutes to

16:29to speak to the committee if you'd like to make as much use of that time as you wish.

16:34I am not saying more to add, Mr. Chair. I simply am attending in case there's any

16:37questions of the committee. So I'm not thinking further to add, but thank you.

16:42Okay. Let me turn to my colleagues and see if there's any questions for you.

16:48Committee members, do you have any questions of the applicant seeing none?

16:53Madam Secretary Treasurer, are there any registered delegates?

16:57Mr. Chair, we don't have any delegation requests.

16:59Yes.

17:01Are there any members of the auditorium here who would like to speak to this application?

17:07I'm seeing no one rushing the podium, so I'll take that as a no.

17:11Committee members, what is your wish?

17:14Member Goodfellow.

17:16I move we defer the application consistent with city staff's recommendation.

17:21Thank you. And do we have a seconder?

17:24Member Reino. Yes.

17:27Okay. And there is no debate on a deferral motion, so I will turn it back over to our

17:33Secretary Treasurer to call the vote, please.

17:37Thank you, Chair. Committee members, please indicate your vote by responding in favor

17:40or opposed to the motion, which is to defer the application.

17:43Chair Smith.

17:44In favor.

17:46Member Fitzpatrick.

17:47In favor.

17:48Member Goodfellow.

17:49In favor.

17:50Member Reino.

17:51In favor.

17:52And Member Meir.

17:53In favor.

17:54That's carried, Mr. Chair.

17:56Thank you. Your application has been deferred and you're free to hang up on us if you wish.

18:04Thank you very much.

18:05Thank you for your attention.

18:07Madam Secretary Treasurer, may we have the next applicant, please?

18:12Thank you, Chair.

18:13Secondly, we do have another deferral request and that is for minor variance file A-17-26

18:20for 124 Clair Road East.

18:23The applicant has agreed with the staff recommendation to defer the application to allow additional

18:28time to address potential other variances.

18:31I don't believe the agent is in attendance tonight, but I'll turn it back to you, Chair,

18:36for the deferral motion.

18:37Thank you.

18:39So the applicant is not here tonight?

18:41Is that what I heard you say?

18:43Okay.

18:44In that case, I will ask if there are any members of the public who have registered to speak

18:49to this?

18:50Yes, please come forward.

19:02Just, sorry, wait till your microphone's turned on there, sir.

19:06Thank you.

19:07Can you see your name for the record, please?

19:08Gerald Taut, T-O-T, is the last name.

19:11And you may have heard, you have 10 minutes to address the committee if you wish.

19:18Sorry, I didn't catch that.

19:20You have 10 minutes that you can speak to our committee and make as much or as little

19:25time use of that time as you'd like.

19:28Thank you.

19:29So I live just across the street from the subject property on Farley Drive.

19:39And the applicant, Mr. Lube, is proposing to construct an additional commercial building

19:46with an intended use that is not allowed in the commercial mixed use center zone.

19:53Notably, this property is included in the specialized commercial center CC17, Specialized

20:02Commercial CC Zones, which forms part of a restricted defined commercial shopping center

20:08area.

20:09Uses such as a vehicle specialty repair shop, notably, are excluded from the CC17 zoning

20:18while they are specifically allowed in CC18 and other areas and for very good reasons.

20:26Automotive service enterprises are most commonly allowed in industrial or light industrial zones

20:34that are usually located directly adjacent to and directly accessible to and from high

20:41traffic roads or highways.

20:44I've added a little comment here that is not in my submitted version.

20:49This application places the building fully inside a shopping center parking lot with

20:57no direct vehicular access to municipal roadways.

21:01In fact, the three vehicle bays exit into the mall parking lot, area by directly crossing

21:09an active pedestrian sidewalk, a hazardous situation at best, and a recipe for disaster

21:16at worst.

21:18The WSIB has identified several major hazards related to the vehicle service and repair

21:24sector, some of which may extend to areas surrounding the facilities.

21:30Other hazards, not highlighted here, also exist, including noxious odors, vehicle and pedestrian

21:38interference, and the heightened risk of vehicular collisions due to tight scheduling and parking

21:45issues.

21:46These may apply primarily to workers.

21:59They also extend to customers and pedestrians passing close to these shops.

22:06The 124 Clair Road East site is not spacious and already contains tight confines for general

22:15traffic, including constant and heavy drive-through traffic related to the nearby Tim Hortons as

22:23well as for large trucks delivering to the adjacent Zare's store.

22:29Adding this shop will certainly overload the traffic congestion already present in this area and add to the

22:39danger already faced by pedestrians transiting directly through this area.

22:46The applicant is seeking to override a bylaw that is designed to protect primary users of this property, that is grocery

22:56shoppers, health supply shoppers, the dining public and pet owners from the very hazards and issues that this type of

23:06industrial venue is noted for.

23:10The basic function of oil change facilities is first to assess, then remove hot, noxious, evil-smelling oils and other fluids from vehicles.

23:22Remove old, dirty oil filters, replacing them with clean new filters and oil.

23:29In addition, Mr. Lube also provides other services including tire services, inspections, other fluid services, brake

23:39servicing, AC service, wiper service and other light maintenance.

23:45Vehicles entering these service centers will often have excessive engine noise and knocking or smell of dirty or burning oil

23:54have heavy exhaust smoke.

23:57In addition, they may be leaking oil onto the ground.

24:01As part of their service inspection, employees may recommend heavier maintenance to vehicle owners outside the somewhat limited

24:10capabilities of the shop.

24:12The Mr. Lube franchise is expanding from its original oil change brand focus to a preventative maintenance model including servicing

24:23batteries, engine belts, spark plugs including tire sales and repair.

24:29This broader service model will introduce a much noisier environment in and surrounding the shop as well as greatly expanded volume

24:40and diversified types of both recyclable and non-recyclable waste.

24:46This business is not consistent with the intent foreseen by the designation of CC17 which forms part of a restricted defined commercial shopping

24:58center area.

25:00It is the position of a majority of property owners and residents living in the area of the A17-26 124 Clair Road East circulation map

25:1560 meters circumference that the existing bylaws be respected and that this application be rejected.

25:25Thank you.

25:27Thank you.

25:29And if you want to wait right there.

25:31Yes.

25:32My colleagues may have some questions for you.

25:34Committee members, do we have any questions of this delegate?

25:38I do have a couple if you'll bear with me.

25:41Approximately how far would you yourself be at your residence from this proposed location?

25:49Well, I'm well within the 60 meter boundary.

25:51Okay.

25:52I'm directly across the street from the Zare's parking lot.

25:55So I'm looking out directly to where this facility will be.

26:00Gotcha.

26:01Thank you.

26:02And you are aware that we are discussing a deferral today.

26:06Yes, I am.

26:07But I felt it was important to hear the objection and the objections of many of the residents.

26:10I'm not sure if you're aware of the objections of many other people who live within the notification zone.

26:16Thank you.

26:17And just so you're aware, if our committee does in fact vote for deferral, that this will come back to the committee.

26:27And if you wanted, that is, if the applicant does come back, that you and or your neighbors could also make a presentation at that time.

26:39Okay.

26:40I just wanted to be clear so that there was no misunderstanding about what we're, what we're debating or we're not debating.

26:47There is no debate if we approve a deferral.

26:50So I just wanted to be make sure that you as a delegate understood that.

26:55I don't think there's any other questions for you.

27:03So let me thank you sincerely for your time this evening.

27:06Thank you.

27:07Thank you.

27:10Is there anyone else in the audience who would like to speak to this application?

27:15Seeing none, Madam Secretary Treasurer, are there any online delegates?

27:20Mr. Chair, we don't have any other registered delegates.

27:23Okay.

27:24Committee members, what is your wish?

27:29Member Muir.

27:30Yeah, I think as it is to be deferred, the complaint of our respected person can also be taken care by the staff during that.

27:41And when it comes back, they can find you in all those things.

27:45And so I think deferral means we can move with this motion to defer for.

27:51So you're proposing a deferral?

27:54Yes.

27:55Okay.

27:56Thank you.

27:57And do we have a seconder?

27:58Member Membrano.

27:59There is no discussion on a deferral.

28:01So I will turn it over to our secretary treasurer for a vote.

28:05Thank you, chair.

28:07Committee members, please indicate your vote by responding in favor or opposed to the motion, which is to defer the application.

28:13Chair Smith.

28:14In favor.

28:15Member Fitzpatrick.

28:16In favor.

28:17Member Goodfellow.

28:18In favor.

28:19Member Membrano.

28:20In favor.

28:21And Member Muir.

28:22In favor.

28:23That's carried, Mr. Chair.

28:24Thank you.

28:25And that application has been deferred to a potentially to a future meeting of the committee of adjustment.

28:35At this point, Madam Secretary Treasurer, may we have the next applicant, please?

28:43The next application is file a-84 slash 25 variances to permit reduced setbacks for existing rear yard patio and proposed accessory structure shed at 126 Clearfields Drive West.

28:57I'll note for those attending remotely, if you wish to speak to this application, you can do so by calling the number displayed on the screen, the numbers 519-822-1260 extension 2524.

29:09And when you call in staff will give you instructions on how you can delegate remotely.

29:15Is the applicant online or in the chamber?

29:20Online.

29:22Welcome.

29:25Can you state your name for the record, please, in your relationship to this application?

29:29My name's Robert Edwards and I'm the homeowner.

29:33And can you tell me if the sign was posted as per the planning act?

29:39Yes, it was.

29:42If you were listening earlier, where I mentioned that you have 10 minutes to speak to the committee.

29:50So if you'd like to make as much use of that time as necessary, please go ahead.

29:55Thank you.

29:57Good afternoon.

30:02I'd like to start by.

30:07So the recommendations that we received in advance of this meeting was that the request.

30:19A was agreed to by staff and request B was not agreed to and request A having some conditions.

30:36We don't have any further documents to, to support our,

30:49to the committee.

30:51I don't know if that's, but I'd like to say that I was.

30:57Not in agreement with the decisions.

30:59And somewhat disappointed.

31:01City of staff had requested that we.

31:08Provide CCTV.

31:11Images of the.

31:14And of the adjacent properties.

31:19So we.

31:22That was provided, but there was no reference to.

31:28The information from those images.

31:32Referred to, so it was on our opinion. And I say are also working with.

31:40A consultant from.

31:42G E I.

31:46After review of the images.

31:49We felt that the.

31:51Gallery was functioning and.

31:56In good shape.

32:00I have to say and also comment that.

32:03One of my neighbors had in response to the public notifications had written in.

32:11To address this application.

32:14And in their.

32:16Address they had noted that they have not received.

32:20They had not experienced any flooding.

32:24Which.

32:26They are.

32:28The particular.

32:32The couple that wrote in there, my direct neighbors directly behind my property.

32:37We share a backyard.

32:40I'd also like to note that.

32:44During last week's storms.

32:48I reviewed the backyard, my backyard and my neighbor's yards.

32:54And there was no standing water. The drains are functioning.

32:59And the water is not.

33:01The water is not.

33:02The water is not.

33:03The water is not as anticipated.

33:05And the neighboring.

33:08Flood zones where all that water is diverted to.

33:14The flood ponds throughout the neighborhood, they did have standing water in it.

33:18So that the system is working.

33:19And that's.

33:20As is.

33:22That is with the existing structures.

33:25What we're proposing is.

33:28To move the patio back to the two meters.

33:31What we had asked for requested was to.

33:35Our two meter offset.

33:39From the rear yard and to leave the existing structures.

33:45As is.

33:48As this patio has already been installed.

33:51So I am prepared to move the patio back to the two meters.

33:55I'm just disappointed in the, in the decisions to.

33:59Resist the residents.

34:01Has not done anything to.

34:04A, to a, to a decision to the by law without any.

34:09Without any exceptions.

34:11And.

34:13The city staff had only referenced the by law in their decision.

34:17So they referenced the subdivision agreements and the.

34:21Basically the.

34:29The full three meter offset.

34:33from GEI consultants will be speaking to this application next.

34:39Okay, thank you.

34:45I guess one of the things I neglected to ask if you would read staff's comments and from

34:50your presentation it does sound like that you have.

34:56I would just like to draw it a little bit.

34:59I'm a little confused.

35:01Are you saying that you are, you're obviously in agreement with staff's recommendations

35:06for item A, but are you now announcing on item B?

35:15Well, it hasn't, item B, there was no new information.

35:21I mean, we, there's nothing from the last meeting from December or November 27th.

35:30We provided the CCTV inspection of the infiltration gallery and that there was no, that wasn't

35:38even cited in the decision making.

35:42My exception with decision on, on A, even though it was approved is that those conditions,

35:49the city had requested a, a, an engineered approved or a stamped report on the stormwater

36:01and the, and the function.

36:07If this, where we are in this particular property, all the property slopes back towards the

36:15rear lot line.

36:16There's no, or very little slope from side to side.

36:21All the, the drainage from front to rear is the same as it was prior to building the

36:29patio.

36:30So I don't understand the, the, the, the length that the, the information that they're

36:40accepting.

36:41I don't, I don't think it's necessary for the engineer's report.

36:47That's my, that's my exception to the decision on, I don't know.

36:53Okay.

36:54Thank you.

36:55At this point, I'm, I'm going to ask if, is there a staff presentation on this application?

37:02No?

37:03Okay.

37:04Are there any members of the public or delegates who have been registered for this?

37:16I see no one in the gallery.

37:17And is there anyone online, Madam Secretary?

37:21Mr. Chair, I can confirm we don't have any other registered delegates, but I believe

37:25the agent for the file is online and wishes to speak as well.

37:29The name is Patrick.

37:30Okay.

37:31That's awesome.

37:32And is the agent available?

37:37Yes.

37:38Hello.

37:39Hello.

37:40Can you state your name for the record, please?

37:43Yes.

37:44It's Patrick Greer.

37:48You have 10 minutes that you can make use of to address the committee.

37:51Okay.

37:52Thank you, Chair.

37:54So further to what Rob said, I had a couple of comments to add about the recommendation

38:02from engineering regarding the side yard setback.

38:05I think that the conditions are a bit excessive.

38:10They asked for a stormwater management report along with a grading and drainage plan.

38:17And I would say for the grading and drainage we had submitted as part of this application,

38:22a topographic and legal boundary survey completed by Van Harten.

38:27That plan shows the existing elevations on site.

38:32And I note that staff did not have any concerns with those elevations.

38:37So creating a grading and drainage plan from the Van Harten survey seems like an excessive

38:46ask and a bit of, I'm not sure what staff would get out of that.

38:51And then for the stormwater management report, I would just note that the area, the side

38:57yard patio or the patio that extends into the side yards, the total area here that we're

39:04asking for relief on is 1.16 square meters.

39:11So my understanding is correct.

39:13If we comply with the 0.6 meter side yard setbacks and eliminate the 1.16 meters squared

39:21of patio, then we will not have to create a stormwater management report.

39:28It just seems a little odd to me that that minor area of intrusion of the patio into

39:35the side yards triggers a full stormwater management report for this property.

39:44For the rear yard setback, a couple points again, I would say that the bylaw that staff

39:51is referencing is derived from a detail that is temporary.

40:00Do you have, are you able to pull up the Clairefield subdivision drawings?

40:04Yes, just one moment.

40:28Just pulling it up now.

40:31If you could go to the fifth, I believe, page of this PDF.

40:36Yes.

40:37So on the left-hand side there, there is a detailed, titled typical grading detail of

40:45infiltration gallery.

40:49Can we zoom in on that?

41:03Yes, thank you.

41:05So sorry, scale up or scroll up a little bit.

41:09That's perfect.

41:12So the three-meter setback you can see there is the one-meter setback to the center of

41:19the infiltration gallery plus the two-meter setback to a snow fence.

41:25And you can see that the snow fence is labeled as to be erected to provide temporary protection

41:31of infiltration galleries.

41:33And I work for the engineering firm that was formerly Gamsby and Manorow that prepared

41:39this design of the Clairefield subdivision.

41:43And I can confirm that this snow fence was temporary just to provide a barrier from the

41:50building activities to protect the infiltration galleries.

41:55In a previous application, we had shown that a 1.85-meter setback would be suitable if

42:02it was required to excavate to the infiltration gallery to do any maintenance on the gallery.

42:07Staff did not have any concerns with that to my recollection.

42:11They just cited this three-meter zoning bylaw setback.

42:15So we went back and revised our application.

42:18I then did not, I still don't think that the three-meter setback is required.

42:25If you can scroll down, you can see a typical swale detail of two meters from the property

42:31line.

42:32And that is what we based our request for the rear yard setback on.

42:41I have nothing further to add.

42:46Okay, thank you.

42:48If you want to hang on a moment, my colleagues may have some questions for you.

42:53Committee members, do we have any questions of this applicant or pardon me, this delegate?

42:58Member Goodfellow.

42:59Yes, thank you, Chair.

43:02I maybe actually have a question for city staff first, if I may.

43:07Yeah, I'm sure that's fine.

43:08Okay.

43:09Thank you.

43:10Through the chair to city staff, just picking up on the point made by the delegate here

43:17just now, I see that we've got a typical detail for infiltration gallery and a typical detail

43:24for a swale.

43:26Could city staff enlighten me on the difference and how they are viewed from the perspective

43:33of the subdivision plan, but also from the zoning bylaw?

43:37Yes, thank you for the question.

43:41Through the chair to the member.

43:45I wonder just for visual guides if we can perhaps pull the sketch, are the grading

43:50plan approved through the subdivision backup, please?

44:00And perhaps focus in on both of the details, if that's possible.

44:04Certainly.

44:13So what I want to first note here is that according to the titles, the detail on the

44:18top is the typical grading detail of the infiltration gallery.

44:22So it has nothing to do with the swale.

44:25The detail on the bottom pertains to the surface swale.

44:32Perhaps they could have incorporated both into one drawing, but they chose not to.

44:36The reason I note that is up on the top detail where it looks like the surface of the swale

44:41would be, it's not really telling us anything about the swale.

44:45It's just telling us how to construct the infiltration gallery and all of the notes

44:48on there are pertaining to the infiltration gallery, including as the agent mentioned,

44:54there's a vertical line to the right on the surface that is pointing to a temporary

45:00protection snow fence.

45:02And it says right in the note if you can zoom in far enough or if you can read it, it says

45:08that the snow fence is temporary to be erected to provide temporary protection of the infiltration

45:15gallery.

45:16So I just want to note that it's nothing to do with the dimensions of the swale.

45:19We acknowledge that the swale itself is parabolic swale that's two meters wide, but everything

45:24related to protection of the infrastructure gallery has always been set in all of the information

45:29is consistent at three meters.

45:33I think I just want to tie that back.

45:35I think the question also pertain to the zoning requirement as well.

45:39And that's kind of where we get into furthering this protection.

45:45This is a temporary protection, but the zoning bylaw was intended to provide permanent protection.

45:51So when the lots were created, I think it was around 1997 or 1998, the subdivision was

45:56approved rather than just a low-density residential two zone.

46:02Because of the prevalence of this rear yard infrastructure pertaining to stormwater, that's

46:08found throughout the subdivision.

46:10Because the specific infrastructure was in there and it was consistent throughout all

46:14of these lots, how much needed to be protected, they created a specialized zone.

46:18So it's RL2-2 and the dash two represents a special provision that states in the zoning

46:25bylaw, no building or structures excluding fences shall be located or constructed within

46:32three meters of the rear lot line in this zone in order to protect the underground infiltration

46:38storm gallery.

46:40So that's what it says in the zoning bylaw.

46:42And just to sort of add to this, too, wasn't specifically asked, but at the creation of

46:47the subdivision, the subdivision approval, we always have the developer enter into subdivision

46:52agreements.

46:53So I just want to additionally note that a subdivision agreement was entered into and

46:57in there there's a covenant that specifies this three meter distance and requires that

47:04all future purchases of sale of the lots, that this covenant be registered on title

47:09in perpetuity in order to protect the same infrastructure and that three meter distance

47:14is specified in there.

47:15So the approving the minor variance would be in conflict with whether subdivision agreement

47:20and covenant that should be registered on title.

47:25Thank you.

47:26That answered all of my questions.

47:28So thank you.

47:29I appreciate that.

47:30And if I may, I have an additional question.

47:34Also to city staff.

47:35So through the chair, the other item I wanted to ask about is the CCTV inspection.

47:43I know from my own experience, there's lots of reasons we do CCTV.

47:47Can you just describe why the city recommended that in this case and how that fits with the

47:52application versus the perhaps the, the already existing construction of the, of the pad?

48:00Yes, to member good fellow through the chair.

48:04I think there might be some confusing of two different separate processes in that, in that

48:09presentation at the start there.

48:12The application from a committee of adjustment minor variance perspective is just the materials

48:16that were presented here in my comments.

48:18I've had no discussions with the agent or the owner, but I know there have been ongoing

48:24discussions with other members of the city.

48:27My understanding is that there was a permit applied for some sort of a permit and through

48:32the inspection as part of that permit before the permit was issued.

48:36I think it's related to a pool or a hot tub as part of the inspection on there, the materials

48:40that were submitted demonstrated all these improvements in the rear yard that we had

48:44not seen before.

48:46And that triggered sort of some knowledge on, on our reviewers part as part of the pool

48:53permit process that something is in contravenance of bylaw.

48:58And so my understanding is that a property standards process was started and there's

49:02been lots of discussions through the property standards process.

49:05And there may have been some requirements to do this or do that.

49:08I'm not sure the details of all those.

49:10I understand there's been an order to comply issued, but I suspect that the referred to

49:16CCTV is part of that process.

49:19Minor variance application relates to the same features, but it's a separate process entirely.

49:25Okay, once again, really appreciate that level of detail.

49:28Thank you.

49:30Thank you.

49:31Any other questions from committee members?

49:37I guess, yeah, member Fitzpatrick, please go ahead.

49:39Thank you for you, chair and staff.

49:41So back to the CCTV evidence that was supplied.

49:49You specifically asked for that.

49:52And I'm curious to understand if you were going to follow through and just say, no, it's,

49:58it's strictly by the bylaw that's in place.

50:02Why did we request that, that information to see if there was an ongoing issue or to see

50:07if there was no issue?

50:11To remember Fitzpatrick through the chair.

50:13So just to clarify, I didn't request it.

50:16That's through a separate process.

50:18My understanding is that through the concern of infrastructure that was built in conflict

50:24to the zoning bylaw, a property standards process, which is separate to the minor variance

50:29application here, has been undergoing for, I don't know how long now, but several months

50:36at least, perhaps a year.

50:38And there's been probably many discussions back and forth between various parties involved

50:42with the property standards process.

50:44I suspect that that's where the, perhaps the CCTV footage could have been requested because

50:50there could have been some concern that perhaps the infrastructure is already damaged.

50:55But I don't know the details of that process.

50:59Thank you.

51:03I have a couple of questions and forgive me if I'm, I didn't quite read the drawings

51:09properly.

51:10So I'm not sure if this is for staff or it's for the applicant.

51:15There is indicated, and I guess it's item B regarding the shed and the concrete pad.

51:25There's no indication of how big that shed is or the proposed shed can either,

51:33staff or the applicant give me some idea on that.

51:40Yes.

51:42The proposed shed, I believe, was 10 by 10.

51:48However, the

51:54there is not enough room to place a shed if we have to move, comply to the two meters

52:00or let alone the three meters.

52:02So there is not going to be a shed.

52:08Okay.

52:09I guess in looking at the, and forgive me, I was looking at this on the screen and with

52:14lots of color, it's a little distracting and there was no easy way to scale that proposed

52:22concrete platform.

52:25So it looks a little bigger than 10 square meters, but.

52:3010 square feet.

52:31It was 10 by 10 feet.

52:35The shed, so there was a concrete pad

52:41installed

52:45that was also

52:52the actual structure was never built.

52:54It was just the pad that was installed with the intent of putting a structure on it.

52:58The, and then that would have been within the

53:05three meters of the property line.

53:11But, you know, picking up three meters or 10 feet off of your rear property,

53:19there's not, doesn't leave as much space with the, that's left with the patio and deck

53:25that's there.

53:25So there won't be any structures put into place.

53:29Okay.

53:30I'm still not getting a clear understanding of this.

53:33So bear with me.

53:34I'm, I just may be a little slow.

53:37You're saying that the, the pad is already constructed.

53:42Yes.

53:42All of the, so as the, it's already constructed.

53:47Yeah.

53:47So all of this, the, I guess what I'm trying to understand is how big that thing

53:53is that's been constructed.

53:55It's a, it's a concrete pad.

53:57It's 10 feet by 10 feet.

54:01Okay.

54:02Asked and answered.

54:03Thank you.

54:04Um, I guess my next question is for staff and I, I, I think just following up on

54:11a member of good fellows, uh, uh, uh, uh, questions.

54:17Um, what's it was, uh, I, I understand that a shed that's smaller than, um, 10

54:24square meters doesn't require a building permit.

54:27What would have triggered, um, was it the application for the hot tub?

54:33Is that's what, and which is then further, um, involve more, um, investigation

54:39into this property?

54:40Is that what, what have triggered the, uh, the, uh, requirement for, for this?

54:50To you, chair.

54:51Um, I'm taking a bit of a guess here cause I, I wasn't part of those conversations.

54:55I'm sorry.

54:55I did hear you say that.

54:56So that's, that's quite all right.

54:58Um, but, but that's my understanding is that that might have been the first light

55:02shed on the fact that there's an issue there.

55:05We wouldn't have known or been consulted at the time of construction.

55:09Um, so I, uh, it's my understanding that as part of the, the separate permit and

55:15the normal review that would happen before that permit is issued, I think it was

55:19noticed that there was some things that conflict with the bylaw and then that

55:24process was, was set in motion at that time.

55:27Okay.

55:27Got you.

55:28Thank you.

55:29Um, that's really all the questions I have.

55:31Um, committee members, do we have any other questions of staff?

55:35Yes.

55:35Member, member, no.

55:37So through the chair to staff, if we were to follow your recommendation to refuse

55:43them item B, does it mean that the owner will have to demolish that extra area that

55:50they have already built?

55:54To member, member in you through the chair.

55:56Um, I don't want to be too prescriptive here because I'm, I'm sort of here for the

56:02minor variance application in, in, in that process.

56:04Um, I think through the property standards process, if the minor variance isn't approved,

56:11uh, and the three meters setback that's specified by the zoning bylaw and the

56:16subdivision agreement, I think it says something about no structures and no

56:20buildings within that three meter setback.

56:24So my understanding would be if the minor variance isn't approved, uh, that anything

56:29that meets that requirement or meets that definition of structures, um, would need

56:35to be removed from that three meter area.

56:39And just, uh, to continue with that thought, um, if we were not to approve a

56:46variance B, do we need to add any, any language in the, in our, uh, review

56:55soul saying that they need to demolish or, or though will be part of the property

57:00standards that you mentioned.

57:03To member, member in you through the chair, again, a bit of a, uh, guesswork on my

57:07part, just, I think the property standards process is already in play.

57:12Uh, there's already been lots of discussions.

57:14Uh, we've already said we don't necessarily support it, but they do have an

57:17option of going to the committee here to see if they can get, uh, the support they

57:23are looking for.

57:23But the property standards process, I'm not an expert at it, but my understanding

57:27is that that's a process that can enforce the bylaw.

57:31So I assume that that process in itself is sufficient to make any, um, uh,

57:38resolution if, if things need to be put back to place.

57:42I don't, from my understanding, I don't think any additional wording is required

57:46in your decision to do it.

57:47Um, my understanding is, is that, um, it's either supporting it or not supporting

57:53it, and then the other process will take care of the rest.

57:56Okay.

57:57Thank you.

57:59Thank you.

58:00Member, member, I know any other, um, questions.

58:03Um, I, I did ask earlier if there were any other delegates.

58:09Um, I'm not sure that I asked if there's anybody in the chamber who would

58:13like to speak to this application.

58:15Um, so I'm going to ask, is there anyone in the chamber who would like to

58:20speak to this application?

58:21Um, seeing no one coming forward, I will then ask my colleagues for, um,

58:29their wishes.

58:30Um, what is your wish committee members member?

58:36Good fellow.

58:38Yes.

58:38Thank you, chair.

58:39Um, I motion we approve condition a, or sorry, variance a with the two

58:44conditions recommended by city staff and we refuse variance B as recommended

58:48by city staff.

58:49Thank you.

58:50And do we have a seconder?

58:52Member, brainel, um, is there any discussion on this?

58:58Um, yes.

58:58Member Fitzpatrick.

59:01So I can, I can support the motion, but I questioned the need for all the

59:06additional engineering on motion on part a, I mean, it seems very minor and to

59:15add the burden of stormwater management and the additional reports seems a

59:23little heavy handed.

59:27I take your point.

59:28Um, however, I, if I can use a metaphor, um, if I have an oil link and I'm driving

59:36along, my car is going to continue to operate.

59:39Um, but then there's going to be a point where I don't have enough oil in the

59:43crankcase and I'm going to drop a valve and I won't have an operable automobile.

59:48So without putting words in city staff's mouth, I kind of think it's, it's a

59:54question of, um, where the line is.

59:58And so that's why I myself, I'm, I'm happy to, uh, to accept city's staff's

1:00:05professional opinion that, um, if, if they weren't to comply fully, then they

1:00:11would have to do a stormwater management.

1:00:15Thank you.

1:00:17Any other, um, discussion seeing none.

1:00:21Madam secretary treasure, would you do the honors please?

1:00:27Thank you chair.

1:00:27Committee members, please indicate your vote by responding in favor or opposed to

1:00:31the motion, which is to approve variance a with the two conditions recommended by

1:00:36staff and refuse variance B as per the comments outlined it in the staff

1:00:41comments document.

1:00:42Chair Smith in favor, member Fitzpatrick in favor, member good fellow in

1:00:48favor, member, member in favor and member mirror in favor.

1:00:53That's carried.

1:00:54Mr.

1:00:54Chair.

1:00:55Thank you.

1:00:56Um, to the applicant, your, um, request for minor variance on item A has been

1:01:03accepted, but refused on item B.

1:01:06And, uh, you're free to leave the meeting if you wish.

1:01:11Thank you.

1:01:14Madam secretary treasure, may we have the next applicant please?

1:01:19The next file is file a dash 88 slash 25 variances to permit reduced buffer

1:01:25strip with reduced interior side yard setback and reduced number of parking

1:01:29spaces for proposed apartment building at 106 sunny Lee Crescent.

1:01:34A note for those attending remotely, if you wish to speak to this application,

1:01:37you can do so by calling the number displayed on the screen.

1:01:40That number's 519-822-1260 extension 2524.

1:01:45And when you call in staff will give you instructions on how you can

1:01:47delegate remotely.

1:01:51Thank you.

1:01:52Good afternoon.

1:01:53Can you state your name and your relationship to this application?

1:01:56Please.

1:01:57Uh, Rob Dernoff sick and I am an owner of the property.

1:02:01And can you tell me if the sign was posted as per the planning?

1:02:05Yes, it was.

1:02:06And if you were here earlier, you would have heard that, oh, I have you read

1:02:11staff's comments and are you in agreement?

1:02:13I have.

1:02:13And yes, I am.

1:02:15Well, as I started to say, if you were here earlier, you would have heard

1:02:19that you have 10 minutes to address the committee.

1:02:21So please make as much use of that time as you wish.

1:02:25Thank you.

1:02:25Um, good afternoon.

1:02:26If we could put up the, and how do I scroll down on this?

1:02:52Well, that could be one of the arrow, right?

1:02:56Yeah, it's the up down there.

1:02:57Oh, really?

1:03:13Okay.

1:03:13That's right.

1:03:14I was going to show that the proposal, but that's fine.

1:03:16This is, this is the site plan of 106 Sunny Lee, the proposed site plan.

1:03:20So, you know, some background at 106 Sunny Lee is currently an empty building

1:03:24lot.

1:03:24It's been empty for quite a while.

1:03:26It's surrounded by two, I don't wish to stop you, but, um, and if we can

1:03:31hold the time for just a moment, um, if you can speak a little closer to the

1:03:34microphone, that'd be awesome.

1:03:36Thank you.

1:03:37Sorry.

1:03:38My old years are getting a little shabby.

1:03:41Nope.

1:03:41No, it's fine.

1:03:42So 106 Sunny Lee is an empty building lot currently, and it is surrounded by

1:03:46two story apartment buildings.

1:03:48Uh, it's zoned RM six, so we could put a six story apartment building there,

1:03:52but we are proposing a two story apartment building with 10 units, all of them

1:03:57two bedrooms, which is what I wanted to show, but we have just a site plan here.

1:04:02So the lot is quite narrow.

1:04:04Uh, we, so we, you know, to put this building on, we're asking for some, some

1:04:10minor variances.

1:04:11Um, the requirements are 7.5 meter setback on the left side, I guess the

1:04:16right side looking from the front to allow, uh, that's the setback required.

1:04:22We need a three meter buffer strip or the bylaws, three meter buffer strip and

1:04:26parking for 1.5 parking spots per unit.

1:04:29So we're, we're asking for a three meter setback rather than the 7.5 to accommodate

1:04:34the building a 0.71 meter buffer strip.

1:04:38So we can add some parking and 11 parking spots, including one accessible

1:04:43spot.

1:04:43So those would be the changes we're, we're asking for.

1:04:47Um, we read the conditions and those are fine.

1:04:51So I think that's all I have to add.

1:04:57Well, uh, that's concise and I appreciate your brevity.

1:05:01Um, committee members, do we have any questions of the applicant?

1:05:07Um, I do have some, but I'm going to first ask if there are any other, um, if

1:05:13there's anything from staff, um, no, and are there any registered delegates?

1:05:20Mr.

1:05:21Chair, we do have some registered delegates for this file.

1:05:23Okay.

1:05:24The first is Katrina Mackey and that person is appearing via video.

1:05:31Okay.

1:05:31If you, uh, want to stand by until we finished with the delegates, then you'll

1:05:37have an opportunity to respond to, uh, any praise or criticism.

1:05:43Excellent.

1:05:44Thank you.

1:05:45Hello.

1:05:46Can you hear me?

1:05:46Hello.

1:05:47Can you state your name for the record, please?

1:05:49Yes.

1:05:50My name is Katrina Mackey.

1:05:52And if you've been watching, you may have heard that, um, you have 10 minutes

1:05:58to address the committee.

1:05:58So please make as much use of that time as you wish.

1:06:02Okay.

1:06:03Thank you.

1:06:04Um, so as mentioned, um, my name is Katrina Mackey and I am a neighbor at 32

1:06:10pleasant road, which is on the corner across from the site of the application.

1:06:15I've lived in this neighborhood since 2019 and some of the best aspects of this

1:06:19neighborhood that my neighbors and I call home as how quiet it is and the

1:06:23amount of green space, mature trees and nature that we get to enjoy.

1:06:28Um, some of you may not know that empty lot is currently also a green space in

1:06:34the neighborhood.

1:06:35Um, I've had the opportunity to speak with some of my surrounding neighbors who

1:06:41could not attend the meeting today.

1:06:42Um, and they share my concern for the desirability of this application and how

1:06:47it will negatively affect our neighborhood and the existing residents.

1:06:51Uh, the first concern I'd like to, uh, reference is the variance for reduction

1:06:57of the side yard setback on the north side from 7.5 meters to three meters.

1:07:05This is a significant reduction, uh, 60% reduction.

1:07:09And this application is proposing a three story built, uh, compared to the two

1:07:14story build that was previously proposed on this lot in 2021.

1:07:19Uh, which means that it has a greater effect, um, more impactful effect of this

1:07:25reduction on the existing apartment, uh, residents.

1:07:30They will have less property enjoyment from the additional noise due to the

1:07:34closer proximity of, of this building.

1:07:37Um, they will have reduced privacy and reduced sunlight, of course, uh, or more

1:07:42shadows.

1:07:44Um, my second concern is the overall scale of this application as it feels too

1:07:50large for the actual size and placement of the lot relative to the existing

1:07:55apartment buildings.

1:07:57Um, if you refer to the neighborhood map, um, it was part of the notice of

1:08:04application, you can see that this lot is quite a bit smaller than a lot of

1:08:09neighboring two story apartment buildings.

1:08:11Uh, these buildings only have eight units.

1:08:14Um, and they do have appropriate parking spaces.

1:08:17Um, well, this proposed build has 10 units, three stories and reduced parking.

1:08:26Uh, this disrupts the established openness of the neighboring apartment

1:08:29buildings and units.

1:08:31The openness and green space has been a valued part of the community for

1:08:34residents as they regularly use it to enjoy outdoor family gatherings, games of

1:08:39catch for frisbee and time playing with their pets.

1:08:42Existing apartment residents, many of whom are longterm residents value their

1:08:46outdoor space and they've taken great care in adding permanent plants and shrubs

1:08:49along their balcony areas.

1:08:51This enjoyment will inevitably, inevitably be impacted.

1:08:55The residents on the parking side of the proposed builds, they will have to deal

1:08:58with the parking lot noise and headlights now shining in their windows across

1:09:03the buffer space.

1:09:05The addition of 10 residential units is a significant increase in population

1:09:10density that will affect the daily traffic, traffic noise, street parking and

1:09:14safety.

1:09:16My neighbors and I have existing concerns with speeding on this street.

1:09:20And when you factor in the increased traffic flow at the intersection of

1:09:24pleasant road and sunny, big crescent and the blind spots potentially created by

1:09:28the overflow of parking on the street, especially in the winter, when the width

1:09:33of the road as experiences past winter was reduced in half.

1:09:38We do have concerns with safety as well.

1:09:43In consideration of the desirability of this proposed building for future

1:09:47residents in our future generations, from the plans that appears that they will not

1:09:53have any useful green space or outdoor space, such as a balcony that they can

1:09:57call their own, which feels like a missed opportunity to create a more

1:10:01enjoyable living experience.

1:10:05Finally, I would like to know if the existing water sewer and store management

1:10:09systems can handle this application, given that our street has older

1:10:13infrastructure from the sixties, and it does stand to lose insertable green

1:10:18space that currently does absorb heavy rains during our storms.

1:10:25In conclusion, I understand that the feasibility of this application requires

1:10:2910 units and the requested variances, but I'm asking for a consideration of a

1:10:33build that generally fits within the reality of this space and adds value to

1:10:38the livability of the neighborhood without taking away the property enjoyment.

1:10:41Of existing residents.

1:10:44Thank you.

1:10:46Thank you.

1:10:47If you want to hang on, my colleagues may have some questions for you.

1:10:52Just a second committee members, any questions of this, uh, these, uh,

1:10:57delegate seeing none, but me.

1:10:59Thank you once again for your, uh, for opinion here today.

1:11:04Thank you.

1:11:06Um, madam secretary treasure, do we have another delegation?

1:11:10Mr.

1:11:10Chair, we do have another delegate.

1:11:13The name is David Fennor and that individual is appearing via video as well.

1:11:21Good evening.

1:11:21Can you hear me?

1:11:23Yes.

1:11:23Thank you.

1:11:25Yes.

1:11:25Can you state your name for the record, please?

1:11:27My name is Dave Fennor.

1:11:30Um, if, uh, you have listened to the previous delegate, um, but I'll reinforce it.

1:11:37You have 10 minutes that you can make use of to speak to the committee.

1:11:41So please go ahead.

1:11:43Thank you very much, Mr.

1:11:44Chair.

1:11:45My name is Dave Fennor.

1:11:46I'm also a homeowner on Plebson road just directly across the street.

1:11:51I wouldn't mind taking a few minutes to speak about the produce, uh, proposed

1:11:55reduction in parking from 15 spaces to 11 parking spaces with the one accessible space.

1:12:02Uh, by way of a background, I'm a senior senior condominium manager with over 13

1:12:07years of experience.

1:12:09I'm also a part owner of five rivers property management group here in Guelph.

1:12:13And I thought I'd share a couple of thoughts for you.

1:12:16Um, so what I was thinking of sharing today, I have a couple of concerns for the

1:12:21developer with this parking variance, um, particularly with winter storage for snow.

1:12:28Uh, in my experience in a, when using a square shaped parking lot visitor

1:12:33parking usually becomes the only viable place to store snow.

1:12:38When these spaces are reduced or removed, it creates real challenges for snow storage.

1:12:45Uh, this past winter showed us that quite a few buildings in Guelph aren't

1:12:49equipped to handle heavy snowfall or inclement weather.

1:12:54Um, across the properties I manage snow storage is always an issue.

1:12:59None of them have reduced or eliminated parking.

1:13:02Um, it's not super practical to be doing.

1:13:05So, uh, typically a surface parking space, you need to push snow towards the corners.

1:13:11Areas that are often designed for visitor parking are often used for snow.

1:13:16Um, so in this proposal, it looks like most are all these spaces are being removed.

1:13:23And we wouldn't want the one accessible space to have snow there either.

1:13:28Um, so I'm a little concerned that this minor variance is removing the site's

1:13:33options and snow will be, uh, piled into people's reserve parking spaces that

1:13:39might force residents onto the street, which creates problems as overnight

1:13:44parking isn't permitted from November through March, which could conflict with

1:13:47city plowing or increases the likelihood of the people who live in the building

1:13:52to get a parking ticket and could cause a nuisance in the neighborhood.

1:13:56Um, as an example, uh, the apartment building directly next door for sunny

1:14:03lee is a larger property than this lot.

1:14:07And I've actually observed there's no contractor pushing snow across the

1:14:10road and onto other people's lawns when they run out of space.

1:14:14I spoke with the owner of that contracting company and they acknowledged

1:14:18that while you can't do that, they didn't have another option.

1:14:24So if that situation could be avoided, I think that we should, uh, not, but

1:14:32contractors in positions where unsafe practices is the only viable way to

1:14:36clear a lot.

1:14:38Um, so I'd, I'd worry that the same might happen at this department.

1:14:41So I might ask the city to reconsider that minor variance.

1:14:46Um, and then also consideration to the building that if, you know,

1:14:51wealth's becoming an expensive city and, uh, people who live in an apartment

1:14:56building should have a couple options for their guests to have overnight parking.

1:15:00Um, and I think the trend of removing, uh, visitor parking spaces because it's

1:15:05advantage, like an advantage for the developer, uh, is a solution we should

1:15:10try not to, uh, adapt to too much.

1:15:14That's all.

1:15:14Thank you so much.

1:15:17Thank you.

1:15:18Um, and, uh, like your predecessor, I have made a couple of notes.

1:15:23Um, but in the meantime, let me see if my colleagues have some questions for

1:15:28you, committee members.

1:15:29Do we have any questions of this delegate seeing none?

1:15:33Let me again, thank you for, um, taking the time to present your opinion today.

1:15:41Um, madam secretary treasure, do we have another delegate?

1:15:45Mr.

1:15:45Chair, we don't have any other registered delegates, although there may be some in

1:15:49the audience that wish to speak.

1:15:50Thank you.

1:15:51Um, is there anyone in the gallery who would like to speak to this application

1:15:55seeing none?

1:15:57Um, I'm going to, um, at this point, um, see if city staff have a presentation

1:16:07through you, Mr.

1:16:08Chair, we have no presentation prepared, but we are available for any questions

1:16:11that you or the committee may have.

1:16:13Thank you.

1:16:14And, um, before I, um, riddle you with questions, city staff, I'm going to allow

1:16:21the, um, applicant, if he wishes to, um, respond to some of the, the, uh, issues

1:16:28that have been raised by the delegates.

1:16:31Yeah.

1:16:31Thank you.

1:16:32Through the chair, uh, to Katrina, it's a two story development.

1:16:36I think we had, I'm not sure if there are some.

1:16:42Elevations or something that show three stories, but this is definitely a two

1:16:45story building and there is, you know, on the, on the window side, where we're

1:16:50asking for the reduction from the 7.5 to the three meters, there's still quite a

1:16:53bit of room to the, to the neighboring apartment.

1:16:57But this building will fit basically, uh, it's another two story apartment

1:17:02building that will look similar to what's already there, at least have very

1:17:06similar massing to what's already there.

1:17:09The same massing actually.

1:17:11And, uh, I think those were, were major points.

1:17:14Um, it's zoned as residential.

1:17:16It's unfortunately not a park or fortunately, whatever, but it's, it's

1:17:21for, for people to live in and, and it would add 10 units to the city.

1:17:24And I think the city is, is looking for places to live and you know, maybe that'll

1:17:29help some of the expensive place to live comments that I heard.

1:17:33And as for snow removal, I mean, I'm not a snow removal expert, but I think we'll,

1:17:38we'll contract a contractor to do the snow removal or whoever, whoever will do

1:17:43that will have a contractor that will remove the snow and a legal and an

1:17:48efficient manner and make sure that those parking lots stay clear.

1:17:52I mean, that's what they need to do.

1:17:53Right.

1:17:54So I'm not sure what to say about that.

1:18:00Okay.

1:18:01Thank you.

1:18:01Um, so if you want to stand by my colleagues may have some questions.

1:18:06Um, committee members, yes, member Fitzpatrick through you, the chair, to, uh,

1:18:11the applicant, I noticed, um, in the drawings that the parking spaces are

1:18:18showing to be 11 meters in depth.

1:18:20Is that correct?

1:18:24Uh, through the chair, I can't remember it.

1:18:27The parking spaces are 11 meters in depth.

1:18:29We have some stack parking under the building.

1:18:32So maybe it is showing a parking spot and a parking spot behind it.

1:18:37They wouldn't be 11 meters long each.

1:18:39They would be, I think 5.5.

1:18:40Yeah.

1:18:405.5 times two.

1:18:41So it appears to be 11.

1:18:43So there's actually parking for.

1:18:47That's, oh, there we go.

1:18:51So, um, my, my point on this, I guess is, and I read in the, um, comments from

1:19:00staff that although that you could tandem park two spots there, we don't consider

1:19:07that to be two parking spot spots.

1:19:11Um, so if I'm looking at this correctly, you could technically then have upwards

1:19:20of 20 spots.

1:19:26I believe it's 17.

1:19:28Okay.

1:19:28Close.

1:19:30Um, now is the intent that you're, you're going to have the unit owners or tenants

1:19:38use that as storage space or is it going to be used as, you know, if, if one,

1:19:44they're two bedroom units and there's two cars per unit that they would park

1:19:48tandemly or what, what's the thought process there?

1:19:51Our original thought processes that we would have stock parking, like you would

1:19:54have an irregular residential driveway and, and the tenants of one unit would

1:19:59each have two spots, but because those aren't though, you know, you can't count

1:20:04the stock parking in the bylaw.

1:20:05So we added the extra parking and asked for the variance to go down to 1.1 spots

1:20:12per unit, but yeah, there will be the extra parking or storage.

1:20:16There's also bicycle bicycle parking behind that.

1:20:19That's, uh, not clearly shown on this particular view, but we have that

1:20:24separate so that for, for each unit that could be storage or a second car.

1:20:30Thank you.

1:20:34Member Mir.

1:20:36Yeah.

1:20:36Through chair to the applicant, uh, that all the three variances you are

1:20:41requesting, uh, shows the size of the lot is not proportional to the parking

1:20:50from 15 to, uh, against the bylaw, the exposure to the, uh, apartments.

1:20:58So is it that the lot should have less apartments that the, all the three

1:21:06variances will go because it is forcing the reduction of the parking and

1:21:12exposure to apartments, all pointing to one thing that it's simply the lot

1:21:19sizes less than proportionally to meet all the bylaws restriction.

1:21:26Uh, through the chair.

1:21:27So the answer is we really need 10 units to make this financially viable.

1:21:32And even if we reduce the number of units will still, it's a fairly narrow lot.

1:21:39I think we still may have variances.

1:21:40I know that we had, we had a proposal for less units a few years ago and it

1:21:47still had variances because of the lot size.

1:21:49So, um, I'm not sure exactly how to answer that, but we were looking for 10 units.

1:22:02Any follow up member mirror?

1:22:05Okay.

1:22:06Um, any other questions, um, for the applicant or staff?

1:22:11Um, I do have a couple of questions.

1:22:13If you forgive me, um, uh, first of all, for, um, city staff,

1:22:21um, I wasn't sure if landscape open space was an issue in the variances.

1:22:28Did I miss that?

1:22:33Uh, through you, Mr.

1:22:33chair, landscape open space, uh, the landscape open space regulation is met for

1:22:37this property.

1:22:38So that isn't a concern from a variance perspective.

1:22:41Okay.

1:22:41The reason I raised that is I, I didn't notice it in staff's comments or in the

1:22:46application and, um, it was something was read by, uh, raised by the first, uh,

1:22:52the first delegate.

1:22:53So I wanted to be clear that it does meet the landscape open space requirements.

1:22:58Okay.

1:22:58Good.

1:22:59Um, I guess the next is, um, um, again, for staff, will this go through site plan

1:23:06review or is this a basic, will it, if we approve this, does it go directly through

1:23:13a building permit process?

1:23:19To the chair, this, um, does qualify for the 10 unit or less, um, direct to

1:23:23building permit, but there is also a thorough review done by staff, um, waste,

1:23:29engineering, zoning, building, um, and any other required commenting.

1:23:36And there's also a pre-approval process for the applicant to work with

1:23:40staff to get to, but that wouldn't be a public, that wouldn't be a public process.

1:23:45Okay.

1:23:45No, but nor is site plan approval process.

1:23:49Okay.

1:23:50And, um, I guess the last question is for, um, the applicant, um, I, for many reasons,

1:24:00I'm, I don't live far away and I often, uh, walk behind this location up Delhi.

1:24:08Um, and I know it's, it's somewhat aggressive to get up to Delhi.

1:24:11Um, is, is there a stair?

1:24:15I can't recall.

1:24:17Is there a staircase that leads to Delhi?

1:24:19And if not, is that something that you're considering?

1:24:22There is no staircase.

1:24:24We were considering, but I'm not sure if we're allowed to access Delhi from the

1:24:29back of the lot.

1:24:31Okay.

1:24:32Asked and answered.

1:24:33Thank you.

1:24:34Um, I think, uh, that's all my questions.

1:24:38Any other questions?

1:24:40No, I'm seeing none.

1:24:42So, um, at this point committee, Oh, is that someone who wishes to speak to this

1:24:50application?

1:24:57Do you wish to speak to this application?

1:24:59Yes, I would.

1:25:01Um, okay.

1:25:02Were you missing from the gallery when I asked, uh, for delegates?

1:25:09Okay.

1:25:10Well, um, we've kind of progressed beyond that, but I will allow it.

1:25:14So you have 10 minutes that you can address the committee.

1:25:17Okay.

1:25:17Well, thank you.

1:25:18And I understand the opportunity was earlier and I didn't step forward.

1:25:22I'm quite nervous about this.

1:25:23It's my first time at this sort of situation.

1:25:26I don't mean to put any pressure on you.

1:25:28So please, um, take a deep breath.

1:25:30And as I said, you have 10 minutes that you can, uh, address our committee.

1:25:35Okay.

1:25:35My name is Doug McCackeren and, um, on the 1st of June of this year, I will have

1:25:41lived at 93 Sunny Lee for 15 years.

1:25:45Um, it's a beautiful neighborhood.

1:25:48It really is.

1:25:49Um, I retired, uh, last year and I have more time.

1:25:55Um, but I understand the different points, the different angles of all of this.

1:26:01I understand the investment side of it, the business side.

1:26:04As the applicant stated, he needs 10 units to make it feasible.

1:26:11Um, I've heard from the other delegates, um, stating how, um,

1:26:21the density of the situation, I mean, once the building's up, that's it.

1:26:30I mean, we have to deal with the density.

1:26:32Um, and I've seen changes.

1:26:34I've seen increased traffic going along pleasant.

1:26:38Um, I've seen the snow removal in the winter time is an issue.

1:26:44I'm just steps away from the pose development.

1:26:48And I'm just speaking, um, in whole, I have no,

1:26:52interest or what I mean, that sort of thing.

1:26:55And I'm, I'm probably rambling, but I don't mean to, um, a 10 unit on that post each stamp

1:27:05of a piece of property.

1:27:07It's, I've been there for 15 years and this has been coming through the systems and

1:27:14there's been different hearings and I, I felt like I should be there.

1:27:18There are people that have been living on that crescent.

1:27:21Remember it's a crescent and it's also now that I bring it up EMS, the, uh, the fire

1:27:28trucks, the, the ambulance services, the police, um, that they will be the first to

1:27:35tell you that the hardest areas to get into our crescents.

1:27:39And that's what this is.

1:27:41This morning we had our garbage pick up with those trucks and they have a real

1:27:46hard time getting into that area.

1:27:49Now what we're talking about is a 10 unit, which is more than a 25% increase of the

1:27:56present apartments in that area.

1:28:00Well, a little less than 25%.

1:28:02We have 32 apartments and they're asking for 10, which would bring it to 42.

1:28:09Um, like I said, I've got 15 years of living it right on that crescent and it's,

1:28:18it's, it's overkill.

1:28:20It's like if you need 10 units to make it feasible, then the hope of asking for a

1:28:29six unit or a four unit or an eight unit seems like a waste of everyone's time.

1:28:36If 10 units is, is the target, I understand the investment process.

1:28:41You, you'll want to return on your investment.

1:28:43I get that.

1:28:44I really do.

1:28:45And the city we're talking about for a 10 unit that would bring revenue into the,

1:28:51into the system for the city.

1:28:53I understand that part too, but this is a place where it's a small to make an

1:29:00official park at of the city would be wonderful.

1:29:04There would be neighbors in that, in that small part of the community that would

1:29:10really appreciate something like that.

1:29:12But again, 10 units, it just, anyway, that's all I have to say.

1:29:18And I really appreciate you allowing me to have my say.

1:29:23Please don't, don't thank me.

1:29:25Um, I really appreciate you coming forward.

1:29:28And, uh, I know most people standing up in, in, as public speaking is, uh, not,

1:29:36not on their, on their hit parade.

1:29:37So I, I sincerely want to thank you for expressing your opinion tonight.

1:29:43Um, I, I do want to have, um, point out one thing though.

1:29:46Um, if, um, if the, um, applicant had, uh, put forward the same number of apartments,

1:29:59but was able to meet the parking requirement and a couple of other minor

1:30:03variances, um, we wouldn't be here this evening.

1:30:07I, I, I just wanted to make sure that you understood that, that we're, we're

1:30:12looking at this in a holistic way, that these are, whether our decision will

1:30:18be whether or not these requested variances are minor in nature.

1:30:23Understood.

1:30:24So thank you very much for your, uh, for your comments this evening.

1:30:30Are there any other, uh, members of the gallery who would like to speak to this?

1:30:34Um, seeing none, um, given that we had another app, uh, delegate come in, I

1:30:41wonder if the delegate wants, or applicant wants to, uh, answer anything

1:30:45that may have been raised through the chair to the, to the delegate.

1:30:59You know, we, we have an apartment building that is very similar in size

1:31:04to the other apartment buildings.

1:31:06We have a design that we've made that meets all the requirements except

1:31:11the three minor variances we're asking for.

1:31:14We have enough parking really with the stack parking to, to have, you

1:31:18know, suitable parking for the people there.

1:31:21It is zoned as residential.

1:31:23The city's actually zoned it for a six story apartment building, which

1:31:27well, that's not what we do anyway, but you know, we're, we're proposing to

1:31:31build a two story that kind of has a similar building mass to what's there.

1:31:35So just wanted to reiterate that.

1:31:38Thank you very much.

1:31:40Thank you for that.

1:31:41And, um, at this point, um, is there any discussion for their questions that

1:31:47we want to have, um, seeing none, what is your wish committee members?

1:31:52Do we have a motion?

1:31:54Yes.

1:31:55Member Fitzpatrick.

1:31:56Um, I motion that we, um, follow staff recommendations and approve this with

1:32:02the existing conditions.

1:32:04I certainly satisfied me on the parking issue.

1:32:06Um, and we have a seconder member good fellow and we have any discussion on

1:32:13the motion before us.

1:32:16Um, I'll be supporting this.

1:32:18I think, um, this is relatively good in Phil.

1:32:21Um, and I, I just have to add, given that we've had a number of delegates that,

1:32:26um, I know parking often is something that we discuss at these meetings.

1:32:31Um, as I mentioned, I don't live far away and I do walk by.

1:32:38This location very often and, um, it's very well served by transit.

1:32:44And when I do take transit, that often comes down Delhi, um, it's very well used.

1:32:50So I think, um, that I'm comfortable in supporting this application with that.

1:32:58Madam secretary treasure, would you mind calling the vote please?

1:33:03Thank you, chair committee members.

1:33:04Please indicate your vote by responding in favor or opposed to the motion,

1:33:08which is to approve the application with the two recommended conditions.

1:33:12Chair Smith in favor member Fitzpatrick in favor member good fellow in favor.

1:33:18Number membrane in favor and member mere in favor.

1:33:22That's carried.

1:33:22Mr. Chair.

1:33:24Thank you.

1:33:24And, um, to the applicant, your application has been approved.

1:33:28Um, you're happy to have you stay as a part of the audience if you wish, but

1:33:33otherwise, please feel free to, uh, get on with the rest of your evening.

1:33:41Madam secretary treasure, may we have the next applicant?

1:33:43Um, actually madam secretary treasure, I would like to have a 10 minute recess

1:33:49if we could, um, and it's now, um, 25 after so at, uh, at, uh, 535 will return.

1:34:00Thank you.

1:42:02Good afternoon, Guelph.

1:42:03And I'd like to welcome everyone back to the second half of our committee of

1:42:09adjustment meeting and I'll call that back into order.

1:42:13And at that point, I will ask for our secretary treasure to ask for the next

1:42:18delegate, please.

1:42:21The next application is file a dash 12 slash 26 variances permit to reduce setbacks

1:42:27for parking area, parking spaces and driveway and reduced landscaped open space

1:42:32for proposed additional units, um, within existing apartment building at 493

1:42:38Victoria road north for those attending remotely.

1:42:41If you wish to speak to this application, you can do so by calling the number

1:42:45displayed on the screen.

1:42:46The numbers 5198221260 extension 2524.

1:42:52Thank you.

1:42:53Welcome.

1:42:53Can you state your name and your relationship to this application, please?

1:42:57Hi.

1:42:57My name's Ken Beacon Dan from King homes, Inc.

1:43:00And I'm the applicant representing the file.

1:43:03Thank you.

1:43:03And can you tell me if the sign was posted as per the planning?

1:43:07Yes, it was.

1:43:08And have you read staff's comments and are you in agreement?

1:43:11Yes, we are.

1:43:13Well, you have 10 minutes to address our committee.

1:43:16So please make as much use of that time as you wish.

1:43:19Okay.

1:43:20So we have three variances before the committee, uh, this evening, um, and

1:43:25really the all stem from having to, uh, primarily realign the driveway entry

1:43:31coming into the site.

1:43:33Uh, if you look at the existing site plan on the top, uh, there, you'll see

1:43:37that the driveway that's currently there is actually across the lot boundary.

1:43:43Um, and so part of redeveloping the site is we're realigning the driveway.

1:43:47So it's within the lot boundaries.

1:43:50Thus, um, you know, shifting the driveway closer to the building.

1:43:55As you can see, we have a basically a pinch point right at the corner of the

1:44:00building for the fire route.

1:44:02Um, and so part of that realignment and adjustment is resulting in these

1:44:08additional variances.

1:44:09Uh, this application was before committee.

1:44:12Uh, I think almost, I think 2024 maybe.

1:44:16Um, and we had a round of, uh, approved variances.

1:44:20Um, and so yeah, just as we're going through the site plan process, you know,

1:44:24some of these items are coming up and we're just refining the development.

1:44:28Um, happy to answer any questions.

1:44:32Thank you.

1:44:32Um, I appreciate the brevity and, um, I'm going to first turn to staff and

1:44:37see if they have a presentation.

1:44:39Is there any, uh, presentation that you'd like to make?

1:44:43Uh, to you, Mr.

1:44:44chair, uh, staff, don't staff, do not have a presentation.

1:44:47Um, but as mentioned in, uh, the agenda, uh, we are, um, approving all of the

1:44:54requested variances evening with conditions.

1:44:57Okay.

1:44:57Thank you for that.

1:44:58Um, uh, before I turn to my colleagues, I will ask if there are any, um,

1:45:05registered delegates.

1:45:08Mr.

1:45:09chair, I can confirm no registered delegates.

1:45:11Okay.

1:45:11Is there anyone in the gallery who would like to speak to this?

1:45:16Um, I'm going to make sure that I look behind the applicant.

1:45:20Okay.

1:45:22Because the last one was a camouflaged, I guess.

1:45:25Um, so committee members, do we have any questions of the applicant?

1:45:35Yes.

1:45:35Member fits back through you chair to the applicant and my theme tonight is parking.

1:45:41Um, the, you're asking for reduced number of parking spots.

1:45:46Um, I understand the building's being redeveloped into smaller units and a

1:45:52larger number of units.

1:45:54And how does that correlate?

1:45:59Uh, so we're not seeking any reduction in parking this evening.

1:46:04Something I apologize.

1:46:12No, asked and answered.

1:46:13It's all part of the process.

1:46:16Um, any other questions?

1:46:18Member good.

1:46:19So, um, yes, through you chair, um, to the applicant, I do remember this file when

1:46:24it came through the last time and, um, I was trying to reconcile what we had previously

1:46:31approved, um, versus what we are being asked to approve this evening and wondered if you

1:46:37could maybe just walk us through again in a bit more detail.

1:46:42What was approved in the past?

1:46:45I understand now why these things are changing.

1:46:47And that was actually one of my questions, but, uh, it just did a bit more detail, like

1:46:52what you've had to change and what we, what you're asking for now compared to what you

1:46:56had asked for back then.

1:46:58So when the first site plan was created in the first round of minor variances were requested,

1:47:06um, the project, uh, the site plan did not go through a site plan review.

1:47:11Um, and so part of, uh, my involvement getting involved with this project with the client

1:47:18was going through more of a formal process with the city.

1:47:22Um, and so we did more formal consultations and through that process, you know, uh, some

1:47:28items came up such as the, um, the, the turning radius is for the, for the, uh,

1:47:33waste management vehicles.

1:47:35Uh, we had to make some adjustments to, to the parking lot to accommodate that.

1:47:40Um, and the pre, like the main variances that were approved prior was really the parking,

1:47:47uh, 37 parking spaces for the development.

1:47:50Um, that, that remains the same.

1:47:51We still have the same amount as, as per the previous approved plans.

1:47:55Um, so it was just basically like this ongoing kind of just refinement and tweaking of the

1:47:59site plan to satisfy all of staff's, uh, comments and from the various departments.

1:48:04And, um, we've done a lot of, you know, um, consulting and a lot of due diligence with,

1:48:11uh, planning staff up to this point to really get us to, to where we are today.

1:48:18Okay.

1:48:18Thank you.

1:48:19I appreciate that clarification and maybe just a follow up question then.

1:48:23Um, it seemed to me that we, the buffer strip that we are being asked to approve this

1:48:30evening, I believe there is one that is a buffer strip.

1:48:36Yes.

1:48:37Okay.

1:48:38Everybody's nodding.

1:48:38Good.

1:48:39I am following along.

1:48:40Um, it, I think we also approved a reduced buffer strip, uh, previously.

1:48:47And so again, I'm just kind of querying whether we need to reapprove the same variance that

1:48:54we had previously approved.

1:48:56So yes, it looks like staff may have an answer on that.

1:48:59Thank you.

1:49:00Uh, through the chair, uh, member, good fellow.

1:49:03So I, uh, was involved in the previous application.

1:49:05So that's why I raised my hand.

1:49:07So with the previous application, there's kind of two, uh, by law provisions that kind

1:49:11of accomplished the same thing.

1:49:13So there's one for the landscape buffer of three meters.

1:49:15And then there's one for a setback from the parking area to the lot line.

1:49:18So what was previously approved was the landscape buffer.

1:49:21And I believe what's now, uh, being considered is the, the setback to the actual parking area.

1:49:26So that was one that was just missed in the original review.

1:49:29Okay.

1:49:30I appreciate that clarification.

1:49:32Thank you.

1:49:35Any other questions, um, for the applicant or staff, um, I just want to, um, revisit,

1:49:44um, variance request C and this is to staff.

1:49:50And I just want to be a hundred percent clear that in terms of landscape open space, um, city

1:49:58staff believe in their professional opinion that this is, um, that this request is minor

1:50:03in nature.

1:50:05To you, Mr.

1:50:06Chair, members of the committee, uh, yes, city staff are, um, are recommending approval

1:50:12of variance C under the interpretation that, uh, the, uh, requested variance is minor in nature.

1:50:20Okay.

1:50:21Thank you.

1:50:22Um, any other questions of staff or the applicant?

1:50:26Um, seeing none, um, I think we should go into committee and with that, I would ask for

1:50:32a motion.

1:50:34Member Meir.

1:50:35Yeah.

1:50:37I moved the motion for approval with staff conditions.

1:50:42Thank you.

1:50:42And do we have a seconder?

1:50:47Uh, member Goodfellas, is there any discussion on the motion before us seeing none?

1:50:57Um, Madam Secretary Treasurer, would you ask for the vote, please?

1:51:02Thank you, chair, committee members, please indicate your vote by responding in favor or opposed

1:51:06to the motion, which is to approve the application with the one condition recommended by staff.

1:51:12Chair Smith.

1:51:13In favor.

1:51:14Member Fitzpatrick.

1:51:16In favor.

1:51:16Member Goodfellow.

1:51:17In favor.

1:51:18Member Mambrenio.

1:51:20In favor.

1:51:20And member Meir.

1:51:21In favor.

1:51:22That's carried, Mr.

1:51:23Chair.

1:51:24Thank you.

1:51:25Your application has been approved.

1:51:29Madam Secretary Treasurer, may we have the next applicant, please?

1:51:33The next file is file A-13 slash 26, variances to permit reduced front and exterior side yard setbacks and front porch projection for proposed residential addition at 7 Barton Street.

1:51:47I'll note for those attending remotely, if you wish to speak to this application, you can do so by calling the number displayed on the screen.

1:51:53That number is 519-822-1260 extension 2524.

1:52:01Is I see the applicant online?

1:52:06Good afternoon.

1:52:06Can you state your name and your relationship to the application for the record, please?

1:52:11Yes, my first name is Justin.

1:52:13Last name is Kelly, K-E-L-L-Y, from Tacoma Engineers and Tri-City Draft and Design and we're representing the owner in this case.

1:52:21Thank you.

1:52:22And can you tell me if the sign was posted as per the Planning Act?

1:52:26Yes, it was.

1:52:28Okay.

1:52:29And with that out of the way, you have 10 minutes to address the committee.

1:52:33So please go ahead.

1:52:35Well, thank you, Mr. Chair, and thank you to the committee.

1:52:38Based on the positive comments from the Planning, Building and Engineering Department, I'll keep this brief.

1:52:44This application is for a second story addition on top of an existing one-story bungalow, as well as a two-story rear addition.

1:52:53As noted by the Planning Department,

1:52:56the proposed second story addition doesn't stick out any further than the current bungalow existing main floor walls and the rear addition doesn't require any variances.

1:53:06So the three variances in question, obviously, the first one being the reduced front yard setback as well as the exterior side yard setback and then obviously the protection of the front yard or the front canopy or the projection of the front canopy into the front yard setback.

1:53:21All relate to the second story addition.

1:53:25On top of the existing one.

1:53:26So I think a first law, I'd like to just start with just some context in general.

1:53:31I know we've done, actually, we've done two additions on the street, second story additions that did not require minor variances, mainly because we were able to meet the established front yard setback.

1:53:43In this particular case, this houses a corner lot and therefore the established front yard setback of the bylaw does not apply and therefore we have an increased front and exterior side yard setback of six meters.

1:53:56This particular home does meet the established front yard setbacks and does meet the standard 4.5 exterior side yard setbacks, but again, they do not apply in relation to the corner lot.

1:54:07So, in this case, the proposed application kind of meets the unofficial established setbacks and I think that's helped explain possibly why the city of the welfare planning department was likely in favor of the application.

1:54:22So the only comment I think that we just wanted to go over tonight was just the comment regarding the, well, in this case, the only condition regarding the

1:54:31protection of the trees by the planning department. So in this case, the planning department is asked for the an arborist review of the trees alone exhibition in relation to the driver.

1:54:41So, I just first wanted to note the driveway doesn't require of the driveway widening, I should say, does not require minor variance. It meets the requirements of the bylaw.

1:54:51The proposed driver widening would still be roughly five to six feet away from the existing tree, depending if you measure from the center or the diameter of the tree.

1:54:58And what consists of a service based standard driveway, minimal, granular and a national couple. So we don't anticipate this will cause any damage to the trees and find the condition a bit onerous to the property owner.

1:55:10As they don't personally, they don't intend to hurt or harm the tree in any way. So with this additional context, we kind of propose a motion before the application without any conditions.

1:55:21And those are all my comments. Thank you.

1:55:25Thank you. If you want to stand by, I'll first ask if staff have any presentation that they'd like to make on this application.

1:55:36Yes, go ahead, please. Mr.

1:55:37Member.

1:55:39Through you, Mr. Chair, I don't have any presentation prepared, but I can answer any questions related to the treatment or preservation plan or any other questions regarding the minor variance.

1:55:49Thank you.

1:55:50Committee members, do we have any questions for the applicant?

1:55:56Seeing none, I'm going to ask if there are any registered delegates.

1:56:02Mr. Chair, I can confirm we have no registered delegates.

1:56:06And is there anyone in the gallery who wishes to speak to this application?

1:56:12Seeing none.

1:56:15Committee members, what is your wish?

1:56:28Member Meir.

1:56:29Yes, I move to approve the motion to approve the condition.

1:56:36And we have seconder. Member Goodfellow.

1:56:39Is there any discussion on the motion before us? Member Goodfellow.

1:56:44Yes, thank you, Chair.

1:56:46And if you'll allow me a question to city staff.

1:56:50I'll allow it.

1:56:51Okay, thank you. Appreciate that.

1:56:53Just on the recommended condition.

1:56:55And I didn't ask a question earlier because I interpreted the wording to say that only activities which may injure or destroy regulated trees

1:57:06require the submission of a tree inventory preservation plan.

1:57:10Am I understanding correctly in this context that if the driveway is far enough away from the trees that this condition may not be required?

1:57:24Through the chair to member Goodfellow, potentially yes.

1:57:27So that condition was recommended by our landscape planner.

1:57:31And the intention of that is for them to be able to take a look and if they deem it necessary, then they would request that a tree inventory and preservation plan be prepared.

1:57:42So this is why we ask for this condition.

1:57:44And if it's looked into and they're satisfied that it isn't necessary, then that condition can be waived without requiring the applicant to prepare the plan.

1:57:53But the intent is to keep this in place in case it is deemed necessary by our landscape planning staff.

1:58:01Yes, thank you for that clarification.

1:58:03I think then I am in support of this motion.

1:58:07Thank you.

1:58:08Thank you.

1:58:08And just to follow up on that, would that come about at time of building permit application?

1:58:19Through the chair, it could.

1:58:21I would recommend that the applicant reach out to our landscape planning staff prior to actually submitting the building permit and have those discussions beforehand.

1:58:29So that way, you know, the actual building permit process won't hit any snags along the way.

1:58:34Okay.

1:58:34Thank you.

1:58:34Asked and answered.

1:58:37At this point, is there any further discussion?

1:58:41Madam Secretary,

1:58:42Treasurer, would you call the vote please?

1:58:45Committee members, please indicate your vote by responding in favor or opposed to the motion, which is to approve the application with the one recommended condition.

1:58:53Chair Smith.

1:58:54In favor.

1:58:55Member Fitzpatrick.

1:58:56In favor.

1:58:57Member Goodfellow.

1:58:58In favor.

1:58:59Member Mbrenio.

1:59:00In favor.

1:59:01And member Mir.

1:59:02In favor.

1:59:03That's carried, Mr. Chair.

1:59:05Thank you.

1:59:05Your application has been approved and you're free to stay or leave the meeting as you wish.

1:59:13Thank you.

1:59:14You're welcome.

1:59:16Madam Secretary Treasurer, may we have the next application please?

1:59:21The next application is file A-14-26.

1:59:25Variance to permit additional use.

1:59:27Fitness center within existing unit 18.

1:59:30At 587 Hanlon Creek Boulevard.

1:59:33I'll note for those attending remotely, if you wish to speak to this application, you can do so by calling the number displayed on the screen.

1:59:39That number is 519-822-1260.

1:59:43Extension 2524.

1:59:47Good evening and welcome.

1:59:48Can you state your name and your relationship to the application please?

1:59:52Thank you.

1:59:53Yes, my name is Dan Watson and I am the applicant.

1:59:56I represent Arc Inc.

1:59:58The business that will be operating, but would like to operate here.

2:00:02Thank you.

2:00:02And can you tell me if the sign was posted as per the planning act?

2:00:05Yes, it was.

2:00:07And have you read staff's comment?

2:00:09I have.

2:00:11I'm going to assume that you may not agree with those, but you understand that you have 10 minutes to address our committee.

2:00:18So please go ahead.

2:00:20Thank you.

2:00:24So good evening, Mr. Chair and members of the committee.

2:00:27And thank you for your time.

2:00:28My name is Dan Watson and like I said, I'm the owner of Arc Inc.

2:00:32And I'm here to present a minor variance application for a small Pilates and yoga instruction studio at 587 Hanlon Creek Boulevard, Unit 18.

2:00:41I should have asked how to use it.

2:00:51Perfect.

2:00:51Thank you.

2:00:52Okay, perfect.

2:00:54So I want to be clear by first clarifying what the nature of the use is.

2:00:58While this is technically defined as a fitness center in the bylaw,

2:01:03in practice, it's a small instructor led Pilates studio.

2:01:08So it's not a traditional gym.

2:01:10There's no open workout floor.

2:01:13There's no heavy weights.

2:01:15And there's no drop in traffic, meaning there wouldn't be members of the or the public coming in and out of the the unit.

2:01:23So it's a quite a quiet structured and low impact environment.

2:01:37So what is Pilates?

2:01:39Pilates is a low impact form of strength and mobility training focused on controlled movement.

2:01:46posture, flexibility and injury prevention.

2:01:50It's typically done in small instructor classes using mats or light resistance equipment.

2:01:57It's very different again from a high intensity or from your normal gym that you would see or commercial gym.

2:02:03Again, because of the lack of equipment and the small scale of the operation.

2:02:14So it's just an example of what yoga or mat based Pilates would typically look like.

2:02:25So the studio will occupy approximately 208 square meters and operate with small classes, the size of six participants per class.

2:02:33And all sessions will be pre scheduled.

2:02:36So what this means is there would be no open access or peak crowding that you would typically see at your regular gym.

2:02:42For example, at 5pm, when normal gyms are very crowded in this situation or in this operation, that wouldn't be the case because of the controlled nature of the of the use and the

2:02:54pre booking that has to take place for the six spots.

2:02:58So this results in minimal traffic, minimal noise and no impact on the building or neighboring units.

2:03:07So I'd like to touch a little bit on the parking situation.

2:03:11The property has ample on site parking, including two rows directly in front of the unit itself because the classes again are small and pre scheduled.

2:03:20Parking demand is low and will be spread out over time, especially throughout the day.

2:03:25And so there are no expected parking or congestion issues.

2:03:30And this is just an illustration of the parking situation.

2:03:34Unit 18, again, there's a row directly in front and then there are ample spaces across the driveway as well to accommodate the six members that would be attending each class.

2:03:50So we've already received strong interest from potential members,

2:03:55clients, so to say, and also qualified instructors that would like to be employed through this business.

2:04:01And some of these also include recent graduates from the University of Guelph that are looking for an employment opportunity within the wellness industry.

2:04:12So the service provides a wellness service for people working nearby,

2:04:16supports small business activity and would create local jobs.

2:04:20Again, it's a low impact use that complements and I would say rather than disrupts

2:04:25the surrounding businesses.

2:04:27So this demonstrates that the studio is viable, supports local employment and provides a needed service within the area.

2:04:40Right, so in summary, it's a small controlled low impacts Pilady studio. And again, it's very different from a traditional gym.

2:04:47And it's compatible with the site, supports employment uses and provides a benefit to the surrounding area and again poses minimal impact.

2:04:55So I respectfully request approval of the minor variance and thank you for your time.

2:05:01Thank you very much.

2:05:03If you want to wait right there, we will likely have some questions for you. At this point, I'm going to turn to staff and ask if they have any

2:05:14presentation prepared.

2:05:16To you, Mr. Chair, staff do not have a presentation, but if you'd like to your to you and members of the committee, I can provide a brief overview of staff's comments.

2:05:27Yes, that would I think appropriate. Please go ahead.

2:05:32So to you, Mr. Chair, members of the committee, as the applicant mentioned, they are seeking relief from the zoning by law requirements to permit a fitness center Pilady slash on the studio within an existing unit on the subject property.

2:05:46The current official plan designation is corporate business park and the zoning the property is BP nine, which is site specific corporate business property.

2:05:56And essentially the intent of this zone is to accommodate knowledge based technology uses, including office administrative research and development and limited manufacturing uses.

2:06:08The proposed fitness and wellness studio represents a commercial service oriented use that does not support the employment function that is envisioned for these lands.

2:06:23Staff in our in our comments have mentioned that we previously or council previously adopted official plan amendment 110 or OPA 110 in February of 2026.

2:06:38And this was completed to align our official plan with the provincial planning statement.

2:06:46And this amendment emphasizes that employment areas are not intended to accommodate institutional or commercial uses.

2:06:54So in the last few years, we've been working to strengthen that argument that and kind of refine and narrow the range of uses that are permitted in lands intended for employment.

2:07:08And currently, city staff are undertaking an overview of the employment lands needs assessment, which is anticipated to be completed in 2027.

2:07:20And this work will determine whether the city has an adequate supply of land designated for employment areas.

2:07:27Thank you.

2:07:29Thank you.

2:07:29And I do recall it was about 11 months ago that the ministerial statement policy statement came out.

2:07:37And I followed that quite closely at the time.

2:07:40So thank you for reminding us of that.

2:07:44Before we ask questions of staff and the applicant, I'm going to ask if there are any registered delegates.

2:07:53Mr. Chair, I can confirm no registered delegates.

2:07:57And is there anyone in the chamber who would like to speak to this application?

2:08:03Seeing none, I would like to circle back.

2:08:07And turn to my colleagues and see if there are questions either of the applicant or staff.

2:08:13Member Meir.

2:08:14Yes, to the staff.

2:08:18I wonder why this case is with the adjustment committee.

2:08:22We are not approving any variance or setback.

2:08:25It is a matter of a business center for research.

2:08:29And it is a yes or no.

2:08:31It should be primarily for the city to decide on what type of business can be there.

2:08:40So we are not approving any variance setback.

2:08:43So how why we are here and what we are discussing.

2:08:47Thank you.

2:08:58Through you, Mr. Chair, to member Meir.

2:09:00So the purpose of the requested variance is to permit the use on the subject property.

2:09:08So the current zoning of the property does not permit the proposed fitness slash wellness studio use.

2:09:20And that is why variance is being requested.

2:09:27I'm not convinced with that.

2:09:29It's really the use.

2:09:33Like if you have a it is dedicated for a search in this.

2:09:37That use is not a various that something is to be against the bylaw to be reduced or added or whatever.

2:09:47So by definition, really it's not coming to a mind.

2:09:55This type is a different thing.

2:09:58It doesn't use itself doesn't mean it is not a part of something which comes like we have a bylaw.

2:10:07And then we seek the variance against that or setbacks.

2:10:12But there is no such thing that this place has its seven places or eight clients of how it should be machines are here or not.

2:10:22Or it is a simple mat or business.

2:10:27Nevertheless, we will move based on that.

2:10:30Thank you.

2:10:31I'll just help you out there.

2:10:34Member Mir, we have had situations similar to this in the past.

2:10:41For example, I can remember one 18 months ago or so where I believe it was a veterinary office.

2:10:48That was an acceptable use.

2:10:51However, they wanted to expand the amount of pet food and things that they could sell, which was not provided for in the zoning bylaw.

2:11:01So it came before us and I believe that we've thought that that's an ancillary and secondary use that was minor in nature.

2:11:11So we're looking at with this particular application if it's minor in nature.

2:11:17So I hope that helps.

2:11:22Are there any other questions?

2:11:23Yes, Member Goodfellow.

2:11:25Yes, thank you, Chair.

2:11:26A question for city staff.

2:11:29Just looking at the 2023 zoning bylaw.

2:11:33You probably saw me furiously scrolling down to the land use zones.

2:11:39And I guess I am.

2:11:41I see that the general definition for BP includes commercial uses that serve the needs of the surrounding industrial lands are also permitted.

2:11:49I haven't continued scrolling to see what BP 9 says.

2:11:52And so I'm wondering if maybe I could ask you to perhaps clarify is there a difference between BP and BP 9 and how that additional statement

2:12:02maybe gets interpreted in this circumstance that I just the statement that I just read

2:12:11through you, Mr. Chair, to Member Goodfellow.

2:12:13So that provision or permitted use of having commercial use that are ancillary to the larger building complex

2:12:24would be, for instance, if perhaps one of the larger industrial units as part of the complex, if they had

2:12:32an excess for use to their specific unit, let's say a cafe for

2:12:40employees of that specific unit or something of a commercial service oriented use of that source that is ancillary to that specific unit

2:12:50rather than to the entire subject lands.

2:12:56So that that is a staff's interpretation of that permitted use in the BP 9 zone.

2:13:04Okay, thank you. If I could just follow up with a question.

2:13:07Yes.

2:13:08And I

2:13:09Okay, I think that is helpful. I think in other cases I have seen where the use of accessory use or the the language accessory use is

2:13:18included and I think why I'm asking the question is that I don't explicitly see that here.

2:13:23It does say commercial uses that serve the needs of the surrounding industrial lands are also permitted,

2:13:29but I think I'm understanding you to say that it does need to be accessory to

2:13:35the industrial operations at the same site. Have I got that right?

2:13:42Yes, Member Goodfellow. That's correct.

2:13:45Okay. Yes. Yes, please go ahead.

2:13:48I'll through the chair if I can add on to that. You were asking about what uses would be permitted in this site specific zone.

2:13:53So this site specifically the permitted uses are a lot more scoped than what's permitted in the general BP table.

2:14:00So for that reason that kind of further reinforces the

2:14:03the specific set of uses that are permitted on the site.

2:14:07Okay, thank you. That actually answers both of all of the questions that I had. I appreciate that. Thank you.

2:14:13Thank you. You anticipated

2:14:16one of my questions. So please Member Fitzpatrick.

2:14:20Through you chair to the applicant.

2:14:24I'm assuming you're going to be a tenant in this as opposed to purchasing the unit. That's correct. Okay.

2:14:30Can you give us some background on what led you to this particular spot? Because I'm assuming

2:14:37you would have been aware of the zoning

2:14:40requirements prior to

2:14:42trying to enter into a lease agreement. So can you give us the background what led you there and what makes you think that

2:14:49this is the site for your operation?

2:14:53Thank you for the question. So in our search to find a suitable location in Guelph

2:15:00this space met all the criteria in terms of the space that we needed the open floor

2:15:06ability to have the the mats laid out.

2:15:10The location itself is a very nice location.

2:15:13And it will service a lot of the residential areas nearby and a lot of the businesses because with these wellness services

2:15:19it it actually helps to

2:15:23with employee retention satisfaction productivity and actually

2:15:28attracts businesses more because

2:15:30again wellness is something that's you know nowadays is something that's very important

2:15:35and it's recognized especially in the Pilates industry. It's recognized as something that

2:15:39you know a lot of people use especially with their benefits and that sort of thing. So

2:15:44again just the area itself and the unit itself it meets all the the criteria that we were looking for.

2:15:51And you know as someone that grew up in Guelph again this area it's it's easily accessible the highway

2:15:56and yeah that's pretty much the reason why.

2:16:01Thank you and

2:16:03additional question to staff through you sir.

2:16:06Um

2:16:08if if

2:16:10there was a reason to grant

2:16:13this variance does it stay with the property if

2:16:17the business doesn't

2:16:19continue on or does it is it strictly to the business?

2:16:35Through the chair to member Fitzpatrick. Yes, so

2:16:40that that the use the commercial use or of the fitness center would

2:16:45remain tied to the subject lands.

2:16:48587 Handland Creek Boulevard.

2:16:52Thank you.

2:16:55Thank you. Any other questions for the

2:16:59applicant or staff?

2:17:01Member Meir.

2:17:03Yes, through you

2:17:05chair to the staff again.

2:17:07Just a

2:17:08curiosity.

2:17:10Any businesses, even if there is a research center or affiliated businesses

2:17:17there is always services

2:17:20shops or things around

2:17:22to like coffee shops, they need some and that also includes some exercise or by the companies.

2:17:31So does this

2:17:35these type of services like a Tim Horton there or some which is supporting those employees and businesses

2:17:43does not allow

2:17:46within that

2:17:48or those

2:17:49employees have to go far away outside the business centers

2:17:53for these services?

2:17:58Through the chair to member Meir. So this is the business park zone specifically including this zone as well as

2:18:06the larger

2:18:07Handland Creek Business Park to the west of the Handland Expressway

2:18:11specifically prohibits those types of uses

2:18:14within the business park zone.

2:18:17You're correct that a typical industrial zone like a B zone property that is within you know close to the wood lawn area

2:18:25where we have industrial properties, there are some

2:18:28kind of associated uses that would be permitted on the lands, but that's not the case for

2:18:33the Handland Creek Business Park specifically.

2:18:35Thank you. Any other questions?

2:18:43I have a couple. Sorry.

2:18:46But

2:18:48I guess it's for staff. First, I want to talk about secondary use and if

2:18:56for

2:18:57I'm playing hypothetical so forgive me.

2:19:01We're

2:19:03this Pilates studio to be proposed

2:19:08as an ancillary use to

2:19:12an office next door.

2:19:14So in other words, there was a punch through between the two units and it was

2:19:22seen as a secondary use to the office next door. Would that be an acceptable use under the

2:19:30existing zoning bylaw? I'm sorry to put a hypothetical in front of you.

2:19:40To you, Mr. Chair. So even in that hypothetical scenario, it would still

2:19:47it would still be tied to

2:19:51that specific unit. So unit 18 for instance. And I would like to point out from what I said earlier

2:19:58that we could always put like if the committee were to approve the requested variance, we could put in a condition

2:20:05to tie the specific use to that specific unit in question, which is unit 18.

2:20:11So that that way

2:20:14not all of the units on the subject lands

2:20:18had that use as being permitted.

2:20:22Thank you for that. That's that's insightful. And let me follow up with what you've just said.

2:20:29Could we then, were we to entertain this? Could we then make it

2:20:38specific to this business only?

2:20:41Or would it be tied to that unit? I don't know if that's something that's really possible.

2:20:55Through you, Mr. Chair. I guess in theory, it might be possible to craft a condition to that effect.

2:21:01Typically, that's not one that we see, you know,

2:21:04variances or bylaws that reference specific businesses. That's typically not something that's done.

2:21:10So I would caution against that, but it is something that the committee could craft such a

2:21:16I appreciate that. And I I really hesitate about

2:21:20crafting things on the fly. So thank you for that reminder.

2:21:25To further just add to that comment, just if a business happened to change names or ownership,

2:21:31that could cause undue hardship adding the specific business.

2:21:40Insightful point. Thank you.

2:21:42I think that's a good argument. That really helps a lot.

2:21:48I guess the other question I have for staff is office medical considered an acceptable use in this, in this zone?

2:22:14A team, Mr. Chair. Yes, office and a medical clinic are permitted uses in the BP9 zone.

2:22:22Okay. So I know that physicians can now issue

2:22:33issue prescriptions for a walk in the park or in the woods.

2:22:38So I don't know that they can issue a prescription for a Pilates or yoga class, but I think I'm stretching

2:22:47the definition of saying that this is a medical facility. It really is not.

2:22:52So I'm sorry. I'm I'm I'm I'm I'm attempting to be as respectful of the applicant as possible,

2:23:02but I'm I'm having a little difficulty finding a way forward,

2:23:08especially given the provincial policy statement last year that really made this

2:23:14quite prescriptive and and difficult for for this.

2:23:18Unless as has been discussed, it was a secondary use within within another facility.

2:23:28I'm babbling. Sorry. Are there any other questions for staff?

2:23:33Yeah. Member Fitzpatrick. Through you, Chair, staff. And

2:23:40having done a site visit, I noticed there's a golf simulator on site that that has been approved.

2:23:47And I'm assuming that that predates what the province has mandated or issued

2:23:58through the chair to member Fitzpatrick. That's correct. So that zoning by law amendment

2:24:03was approved by council in 2023 to permit a golf simulator on the subject lands.

2:24:09But I would like to note that at that time, the range of uses permitted

2:24:13in in employment areas was much broader and the use at the time aligned with the applicable

2:24:20policies. However, since then, the provincial planning statement has been updated in 2024.

2:24:28And it has been refined to narrow the definition of employment areas and the types of uses

2:24:36considered appropriate for employment areas and how and this now affects how these proposals

2:24:44are being evaluated. So as you mentioned, it was different time period, essentially, even though

2:24:50it's been a few years ago, there's been updates since then. And that's why council adopted OPA 110

2:24:58was to align our official plan with these changes in the PPS. I'm not too sure if my colleague Eric

2:25:06he has some additional background on the file, but that's the reasoning for why the golf simulator

2:25:14through his owning by law amendment was approved back in 2023. Thank you. Thank you. Oh, yes,

2:25:25sorry, Mr. Rump. Go ahead. Thank you, Mr. Chair. Just to expand on, I think what Adam originally

2:25:31touched on about the employment lands needs assessment that the city is in the process of

2:25:36starting. So because of all these changes to provincial policy and by extension our official

2:25:41plan, there are a more narrow scope of uses that are permitted in employment lands. So currently,

2:25:48the employment land needs assessment that we are working off of is from, I believe, 2019 or 2020.

2:25:54That's now kind of out of date with these provincial changes. So the city is going through the

2:25:58process of revising that employment land needs assessment. And it might be determined that there

2:26:03is excessive employment lands if this scope of uses is narrowed, in which case some lands could

2:26:11potentially be taken out of employment lands in the future. But we need to ensure that the proper

2:26:16process is done by professionals to make sure that that is indeed the case. So for the time being,

2:26:23we have to deal with the policies that we have in place for employment lands, but that could

2:26:27potentially change in the future for some properties. Any other questions or comments on this?

2:26:40Okay. At this point then, I think we have to go on to committee and consider how we're going to go

2:26:45forward with this. So committee members, what is your member Fitzpatrick? Through you, Chair.

2:26:59I empathize with the applicant. At the same time, I see where, you know, cities,

2:27:09hands or staff's hands are tied by the province on this. And I think, is reluctantly, I would have,

2:27:19I would support the staff recommendation. Is that a motion? Thank you. And do we have a second

2:27:29member Mimbrano? Is there any discussion? Member Goodfellow? Yes, I am also reluctantly supporting

2:27:37this one because I do see the need for health related services in our employment lands. But I

2:27:47think in this case, it seems like there's a process that will be followed now over the next year or

2:27:52two. And we would hope that there would be some more flexibility introduced through the city's

2:27:57staff or the city's process to look at the inventory of employment lands.

2:28:05Thank you. And any other comments?

2:28:09Member Mimbrano? Exactly what? Member Fitzpatrick. Goodfellow said. Yes.

2:28:17Thank you. I echo a lot of what's been said and I just want to reinforce that, you know,

2:28:24the provincial policy statement is quite clear on this. And unfortunately, in my opinion,

2:28:34for what that's worth, if we were to go ahead and say, yes, defeat this motion and go ahead and allow

2:28:44for this use, I believe if the city were or another body were to appeal that the land tribunal would

2:28:54likely not see this as minor in nature, given how clear the province has been on this and

2:29:01agree with it or not, I'm really saddened that we really don't, our hands are really tied in

2:29:09this case. So I will be supporting the reluctantly supporting this motion. With that, Madam Secretary

2:29:16Treasurer, would you call the vote please? Thank you, Chair, committee members, please indicate

2:29:23your vote by responding in favor or opposed to the motion, which is to refuse the application with

2:29:28the reasons as outlined in the staff comments document. Chair Smith? In favor. Member Fitzpatrick?

2:29:37In favor. Member Goodfellow? In favor. Member Mimbrano? In favor. Member Meir? That's carried,

2:29:45Mr. Chair. Thank you. Reluctantly, your application has been refused, and I think you've heard the

2:29:55comments from me and my colleagues. If we were grappling with a way to help you through this, but

2:30:07we believe that our hands have been tied, both by the Planning Act and the Ministerial Statement

2:30:15and the Zoning By-law, so we don't find a way to grant this request, but let me offer you my

2:30:25sincere best wishes in finding a new location. Thank you. Madam Secretary Treasurer, may we have

2:30:38the next application, please? The last application is file A-16-26, Variances to permit existing

2:30:48fence height and accessory structure shed to be located in the exterior side yard at 49 Shady

2:30:54Book Crescent. I'll note for those attending remotely, if you wish to speak to this application,

2:30:58you can do so by calling the number displayed on the screen. That number is 519-822-1260,

2:31:05extension 2524. Thank you. Is the applicant present? Yes, please come forward. Mr. Chair.

2:31:17Mr. Chair. Hi, can you state your name for the record, please, and your relationship to the

2:31:21application? My name is Helder Benton, one of the owners, along with my wife, Andrew, and we applied

2:31:30for a hot tub permit, which was approved and all that, and then a few months later, received the

2:31:36letter. Okay, we'll get into that in a second. I'm sorry, I have a script that I have to follow.

2:31:41Otherwise, the secretary treasurer is going to be wrapping my knuckles. So can you tell me

2:31:46if the sign was posted as per the planning act? Yes, there were. Thank you. And have you read

2:31:51staff's comments and are you in agreement? Yes. Okay, at this point, you have 10 minutes to tell

2:31:57us all about your application. Thank you. Just to be quick, I don't really have any much to say,

2:32:05except for how this process started. We applied for a hot tub permit and were approved. And then

2:32:12the inspector that was there, I guess, noticed a couple of variances, which I didn't know that

2:32:18they were existing already. So when I got the letter from Bruce Albury, I asked him what the

2:32:26process that I needed to go through, and he guided me. And I dealt with the city staff. They were

2:32:31great so far. And brought it to this process. I tried to comply with everything they asked,

2:32:38and hopefully that's good enough. So that's basically all I have to say.

2:32:43Well, thank you. At this point, I'll ask staff if they have a presentation.

2:32:48Now, heads are shaking. At this point, then I will ask if there are any members of the

2:32:56auditorium who would like to speak to this, or if there are any registered delegates.

2:33:02Mr. Charrick, I'm confirminal registered delegates.

2:33:05Thank you. Community members, do we have any questions of this applicant or of staff?

2:33:10I don't see anyone rushing to the microphone. So I will then turn to my colleagues for a motion,

2:33:19please. Member Goodfell.

2:33:23I move that we approve the application with the conditions recommended by city staff.

2:33:28Thank you. And a seconder, Member Fitzpatrick. And is there any discussion or debate

2:33:35conversation on this application? Seeing none. Madam Secretary Treasurer, would you call the vote,

2:33:40please? Thank you, Chair. Community members, please indicate your vote by responding in favor or

2:33:46opposed to the motion, which is to approve the application with the two recommended staff conditions.

2:33:52Chair Smith. In favor. Member Fitzpatrick. In favor.

2:33:57Member Goodfellow. In favor.

2:33:59Member Mbrenio. In favor.

2:34:01And Member Meir. In favor.

2:34:03That's carried, Mr. Chair. Thank you. Your application has been approved.

2:34:08I hope that wasn't too painful for you. I know you had a long wait. So thank you for your patience.

2:34:13I'm sorry that my phone started talking there for a moment. And it was Siri, not me. So my apologies.

2:34:33I believe that brings us to the end of our agenda, Madam Secretary Treasurer.

2:34:38Do you have any staff announcements? Mr. Chair, I don't have any staff announcements this evening.

2:34:45Thank you. So at this point, I will entertain a motion to adjourn.

2:34:51Member Meir, seconded. Member Goodfellow. All in favor. We stand adjourned. Thank you all.