Upcoming meeting preview for Committee - Committee of Adjustment on April 7, 2026.

This preview is based on the published agenda package and supporting reports.

One-Sentence Summary

The agenda confronts distributist challenges as private rental density replaces public green space while corporations fight perpetual maintenance burdens that shift financial costs from city infrastructure to individual property owners indefinitely.

Whole Agenda Summary

This meeting represents a critical juncture in Owen Sound’s housing strategy. The distributist lens reveals a struggle over the allocation of public space and burden: * Land Conversion: The proposal to build on recently closed and sold open space at 2090 9th Avenue East shifts the city’s resource allocation from public green space to private rental density, potentially increasing demand for social housing in that specific neighborhood. * Financial Burdens: The Kepler Real Estate appeal touches on a systemic issue: does the city have the right to enforce perpetual maintenance orders that bind owners to third-party costs indefinitely, or is this an overreach of municipal power? * Community Impact: Reducing setbacks at 865 16th Street East directly impacts neighborly privacy and safety, challenging the Official Plan’s intent to maintain adequate open space and buffering properties. * Housing Mix: While the 2090 9th Avenue project promises affordable units, the conversion of open space into high-density rentals (35 units) illustrates the trade-off between quantity of housing and the quality of the neighborhood environment.

Most Newsworthy Agenda Items

Murphy Homes Challenging Residential Setbacks The agenda opens with a significant request from Murphy Homes and Design Inc. regarding 865 16th Street East. The developer proposes a two-storey, six-unit apartment building on an 836.1-square-metre site sandwiched between residential neighborhoods and major commercial corridors like the Circle K and LCBA/Zehrs plaza. While staff recommend a compromise rear yard setback of 5.0 metres, the applicant is challenging the General Residential (R5) zone’s standard 7.5-metre buffer, seeking to reduce it to just 3.8 metres. This move threatens to strip away the “buffering properties” that define quiet streetscapes. The proposal, framed as infill intensification to align with the City’s Vision 2050, risks altering the density and character of a low-density area in favor of a higher volume of housing units.

Massive Infill Project on Former Open Space A major development is poised to transform the landscape at 2090 9th Avenue East. The applicant is seeking approval for a four-storey, 35-unit rental apartment building on land previously designated as open space and recently sold to the developer. The proposal requests critical variances, including a 6.3-metre rear yard setback and 4.78-metre setbacks for patios along the west façade. Notably, the project includes a commitment to integrate four rent-geared-to-income units, representing 10% affordable housing. However, the shift from open space to high-density living (optimizing municipal services) raises questions about who benefits from the conversion of public green space into private rental units.

Corporate Appeal Against Perpetual Maintenance Clauses The meeting transitions into Property Standards Committee business at 3:00 P.M., featuring a potentially contentious appeal by Kepler Real Estate Inc. The corporation is fighting Order OSBY-2025-1092 issued January 20, 2026, which demands specific compliance measures. Kepler argues that Item 3 imposes an unfair “perpetual maintenance” obligation for ice and snow removal, transforming a one-time compliance fix into an indefinite financial burden. Furthermore, the appeal claims Item 1 improperly restricts the owner from using their own salaried staff for sanitation. If upheld, these clauses force property owners into third-party service contracts indefinitely. Conversely, failure to resolve these disputes could lead the city to execute repairs itself and place a lien on the property, highlighting the tension between municipal regulatory power and private property autonomy.

Stormwater and Drainage Conditions Approvals for the projects at 865 16th Street East and 2090 9th Avenue East are contingent on strict environmental conditions. Staff analysis confirms that the 865 16th Street project faces stormwater runoff affecting approximately 68% of its surface area, requiring a specific Grading and Drainage Plan. The 2090 9th Avenue project seeks to utilize a shared 68-space parking lot with an existing building to minimize surface impervious surfaces. These conditions represent a direct financial and logistical cost to developers, testing the limits of what the city will accept to manage infrastructure strain.

Detailed Breakdown

  • 4.a Minutes of the Committee of Adjustment meeting held on March 3, 2026 CORRESPONDENCE RECEIVED FOR WHICH DIRECTION IS REQUIRED There are no correspondence items being presented for consideration. ANNOUNCEMENT BY THE CHAIR Please be advised that the Planning Act of Ontario indicates that if anyone other than the applicant or agent wishes to receive notice of the decision of the Committee of Adjustment, or in the event that the Committee defers its decision or notice of further proceedings respecting the application, such person or persons must leave their names and addresses in writing with the SecretaryTreasurer of the Committee prior to leaving the hearing. In addition, only the applicant, the Minister or a specified person or public body that has an interest in the matter has the right to appeal the decision of the Committee of Adjustment within the defined appeal period. More information concerning how to appeal a decision of the Committee of Adjustment to the Ontario Land Tribunal may be obtained from the Community Services Department (Planning Division) in City Hall. APPLICATIONS The Committee of Adjustment agenda for April 7, 2026, features a potential shift in residential density at 865 16th Street East. Murphy Homes and Design Inc. seeks to construct a two-storey, six-unit apartment building, challenging the General Residential (R5) zone’s standard 7.5-metre rear yard setback by proposing a reduced 3.8-metre distance. While strict zoning aims to ensure consistent streetscapes and adequate open space, staff recommend a modified approval of a 5.0-metre setback. This recommendation balances the applicant’s desire for densification against the intent of buffering properties, arguing the change is minor and aligns with the Official Plan. Under the planning agenda, approval is contingent on conditions outlined in Schedule ‘E’. Notably, the notice procedure requires interested parties to leave names and addresses with the Secretary-Treasurer if they wish to receive decisions or appeal to the Ontario Land Tribunal, as only applicants or specified bodies can typically appeal. No correspondence items are presented for consideration. This case represents a localized push for affordable housing options in a low-density area, testing the balance between community amenity standards and development pressure.
  • 7.a Application File No. A04-2026 for 865 16th Street East On the upcoming Committee of Adjustment agenda, Murphy Homes and Design Inc. seeks a minor variance for 865 16th Street East in Owen Sound. The 836.1-square-metre site sits in the southwest corner of 9th and 16th Streets East, sandwiched between residential lots and commercial neighbors like a Circle K and an LCBA/Zehrs plaza. Staff Report CS-26-027 notes the proposal aligns with the City’s Vision 2050 strategic plan and Corporate Climate Change Adaptation Plan, framing the request as infill intensification that efficiently utilizes existing municipal services. Under the Ontario Planning Act (s. 41), the application aims to deviate from current zoning to facilitate development in this mixed-use corridor. The Committee will evaluate whether the variance is necessary to achieve the project’s objectives while maintaining compatibility with surrounding residential and commercial land uses. No monetary figures or vote counts are anticipated in this preview, as the hearing has not yet occurred. The decision will impact local density and land-use patterns near a key commercial node, balancing infill efficiency against neighborhood compatibility.
  • 7.b Application File Nos. A03-2026, B01-2026, and B02-2026 for 2090 9th Avenue East A proposed four-storey, 35-unit rental apartment building at 2090 9th Avenue East in Owen Sound seeks minor variances from the Zoning By-law to intensify this settlement area. Staff recommend approval contingent on a 6.3-metre rear yard setback for the apartment and a 4.78-metre setback for at-grade patios along the west façade, alongside a 1.5-metre landscape buffer on the south. The project includes 10% affordable housing units (four rent-geared-to-income units) and utilizes a shared 68-space parking lot with an existing building to minimize surface impervious surfaces. Previously designated as open space, the land was recently closed and sold to the applicant for this high-density development. The proposal aligns with the Provincial Planning Statement and County of Grey Official Plan by optimizing municipal services, supporting active transportation, and adding much-needed housing mix within the primary settlement area. The Committee of Adjustment will evaluate if these conditions satisfy the four statutory variance tests before making a final decision.
  • 7.c Application File No. A02-2026 for 843 7th Street East ANNOUNCEMENT BY THE CHAIR - 3:00 P.M. The Committee of Adjustment is now sitting as the Property Standards Committee. The Building Code Act of Ontario gives the Committee all the powers and functions of the Officer who made the Order and in disposing of the matter, the Committee may confirm, modify, rescind, or extend the time for complying with the Order if, in the Committee’s opinion, the general intent and purpose of the Property Standards By-law is maintained. Please be advised that if anyone other than the owner, occupant or their representative or interested parties as copied on the Order wishes to receive notice of the decision of the Property Standards Committee, or in the event that the Committee defers its decision respecting the appeal, such person or persons must leave their names and addresses in writing with the Secretary of the Committee prior to leaving the hearing by filling out the sign-in sheet located on the table outside of Council Chambers. In addition, the City or any owner or occupant or person affected by the Committee’s decision may appeal to the Superior Court of Justice by notifying the City Clerk in writing and by applying to the Court within fourteen (14) days after a copy of the decision is sent. APPEALS The Committee of Adjustment will convene at 3:00 P.M. to review Application File No. A04-2026 for 865 16th Street East. The applicant seeks a minor variance to reduce the rear yard setback from 7.5 metres to 5.5 metres to facilitate a two-storey, six-unit residential building on a vacant parcel currently containing two mature trees. This project sits within the City’s “Southern Gateway” settlement area, designated ‘Arterial Commercial’ in the Official Plan, where high-density housing (72 units per hectare) is permitted to support efficient land use and complete communities under the 2024 Provincial Planning Statement. Staff analysis confirms the proposal aligns with municipal goals for intensification and full municipal servicing. To manage stormwater runoff affecting approximately 68% of the surface area, approval conditions will require a Grading and Drainage Plan. Additionally, the application requests a reduced rear setback from the standard 7.5m to 5.5m, enabling a more compact footprint despite existing infrastructure easements along the western boundary. The Committee may confirm or modify the variance if the intent of the Property Standards By-law is maintained. Residents or interested parties not copied on the Order must register with the Secretary prior to leaving to ensure notice of the decision. Any party may appeal the Committee’s decision to the Superior Court of Justice within fourteen days of receiving the written notice.
  • 9.a Appeal of Property Standards Order OSBY-2025-1092 dated January 20, 2026 Re: 1035 2nd Avenue West by Kepler Real Estate Inc. The Property Standards Committee will soon hear an appeal filed by Kepler Real Estate Inc. regarding Order OSBY-2025-1092 issued on January 20, 2026. The appellant contests the order’s specific demands, arguing they are vague, excessive, and set an insufficient timeline for compliance. A central grievance involves Item 3 of the order, which the corporation claims imposes perpetual maintenance requirements for ice and snow removal, viewing this as an unfair continuous obligation rather than a one-time compliance fix. Additionally, the appeal asserts that Item 1 improperly restricts the property owner from utilizing their own salaried staff for sanitation work, effectively forcing reliance on third parties. The case highlights a tension between municipal by-laws demanding indefinite winter maintenance and a corporate owner’s assertion of reasonable repair limits. The appeal, submitted with a $200 fee, requests a hearing to reconsider these grounds before the final compliance deadline of March 3, 2026. Failure to resolve these disputes could lead to the city executing repairs and placing a lien on the property.
  • 9.b Appeal of Property Standards Order OSBY-2026-0076 dated February 12, 2026 Re: 235 8th Street East by Kepler Real Estate Inc. CORRESPONDENCE PROVIDED FOR INFORMATION There are no correspondence items being presented for information. DISCUSSION OF ADDITIONAL BUSINESS NEXT MEETING ADJOURNMENT Page 13 of 614 sufficient area is not available on the lot, the City will accept a cashin-lieu of trees contribution. The Urban Design policies of the City’s OP state that the City may define, within any development area, building heights and setbacks, or in some cases ‘build to’ lines that are consistent with the intended form of development and relevant guidelines.

What To Watch

  • Which agenda items move forward to formal recommendations.

  • Whether staff proposals trigger additional public consultation or revisions.

  • Follow-up actions, timelines, and any deferred items.

Read full agenda archive page: https://helpos.ca/transcripts/owen-sound/committee-of-adjustment/2026-04-07

Original Agenda Package Links

Official meeting page: https://pub-owensound.escribemeetings.com/MeetingsCalendarView.aspx/Meeting?Id=cb1c41ad-5803-4fcc-9d27-90ec14fbff0a