Owen Sound Committee of Adjustment Meeting Transcript — July 22, 2025

00:00:23 Speaker 01: I will call this meeting to order.

00:00:25 Speaker 01: I'd like to welcome everyone to these hearings today.

00:00:29 Speaker 01: The Committee of Adjustment is appointed by Council to consider consent applications and applications for minor variances to the Zoning Bylaw.

00:00:37 Speaker 01: Please be advised that any applicant or agent that is in attendance at today's meeting for a specific application may leave the meeting once their application has been considered by the Committee.

00:00:49 Speaker 01: Any applicant, agent, or member of the public wishing to address the Committee for a specific application is reminded that presentations are limited to ten minutes per person.

00:00:59 Speaker 01: Are there any additional items from Committee members or staff?

00:01:03 Speaker 01: Seeing none, do any Committee members have an interest arising from the minutes of the last meeting or listed on the agenda?

00:01:10 Speaker 01: If so, please state that.

00:01:13 Speaker 01: General Deputy Chair, no. Okay.

00:01:15 Speaker 01: Do any members have any comments or motions regarding the June twenty-fourth, two thousand and twenty-five minutes to be adopted today?

00:01:26 Speaker 01: No.

00:01:26 Speaker 01: Through you, Chair.

00:01:34 Speaker 01: I'll make a motion to move to approve the minutes from the last meeting.

00:01:41 Speaker 01: Thank you very much.

00:01:43 Speaker 01: I'll call for a vote.

00:01:44 Speaker 01: All those in favour?

00:01:46 Speaker 01: Very good.

00:01:47 Speaker 01: The motion is carried.

00:01:48 Speaker 01: There are no correspondence items being presented for consideration.

00:01:53 Speaker 01: Please be advised that the Planning Act of Ontario indicates that any person other than the applicant or agent wishing to receive notice of the decision of the Committee of Adjustment,

00:02:02 Speaker 01: or in the event that the Committee defers the decision or notice for further proceedings respecting the application,

00:02:09 Speaker 01: such person must leave their name and address in writing with the Secretary-Treasurer of the Committee prior to leaving the hearing by filling out the signing sheet located on the table outside Council Chambers.

00:02:21 Speaker 01: In addition, only the applicant, the Minister,

00:02:23 Speaker 01: or 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.

00:02:32 Speaker 01: More information concerning how to appeal the decision of the Committee of Adjustment to the Land Tribunal may be obtained from Community Services Department Planning Division, City Hall.

00:02:45 Speaker 01: Planning staff, could you please provide comments on application file numbers B10 and 2025, and on B11 2025?

00:02:56 Speaker 01: Thank you, through you, Chair.

00:03:01 Speaker 02: I would just like to note that Lauren Jeffries, who's the agent for the owner, is currently online as well.

00:03:11 Speaker 02: And through you, Chair, Planning staff requests the postponement of application B10 and B11-2025, given the complex nature and background of the property,

00:03:43 Speaker 02: as well as the ongoing request to remove the holding through a Zoning Bylaw amendment application that is applicable to the property.

00:03:49 Speaker 02: The completion of our review is taking slightly longer than anticipated.

00:03:53 Speaker 02: The applicant has been informed of the postponement, and City staff will be in communication with the applicant once the review of the application is complete.

00:04:00 Speaker 02: We anticipate in the next five to ten business days.

00:04:04 Speaker 02: Under the Planning Act, the municipality is afforded ninety days to make a decision once a complete consent application has been received.

00:04:12 Speaker 02: At this time, it is approximately halfway through the ninety-day period.

00:04:16 Speaker 02: Notice of the rescheduled public meeting to the public will be provided if required.

00:04:21 Speaker 02: So we would ask that the Committee basically consider or approve our request for postponement, and we will bring the application back through the September meeting at the latest.

00:04:37 Speaker 02: Thank you very much.

00:04:41 Speaker 02: Thank you, Mr. Chair.

00:04:43 Speaker 02: Through you, if I could just request a motion to formalize that, please.

00:04:47 Speaker 02: Could I get a motion from someone to formalize the planners' comments?

00:04:54 Speaker 03: Yeah, I'll make a motion to defer B10 2025 and B11 2025 as described by the Planning staff.

00:05:04 Speaker 03: Thank you very much.

00:05:04 Speaker 03: All those in favour?

00:05:06 Speaker 03: The motion is carried.

00:05:22 Speaker 01: Sorry, Laurie.

00:05:26 Speaker 01: Laurie, do you have a comment to your shnay?

00:05:29 Speaker 01: Hi.

00:05:29 Speaker 01: Yes, it's Lauren Jeffrey.

00:05:32 Speaker 01: I just wanted to sort of go off that with regards to the applications that we were prepared to present on today.

00:05:39 Speaker 04: We did get informed by staff just yesterday that this would be requested to be postponed, and be I guess our request on behalf of the landowner,

00:05:48 Speaker 04: if we could still go through the details of the presentation, and just so I could provide Committee with sort of the presentation that we had prepared for everyone today.

00:06:06 Speaker 04: Thank you, and through you, this is the Secretary-Treasurer, Lauren.

00:06:08 Speaker 04: Just for your reference, I believe today it would be most appropriate, through you, Chair, if we held off on receiving that presentation until we are having the full formal public hearing in September.

00:06:21 Speaker 04: Thank you.

00:06:21 Speaker 04: I agree with that.

00:06:22 Speaker 04: Hold it off till then.

00:06:23 Speaker 04: Thank you.

00:06:27 Speaker 04: Now we just proceed from there.

00:06:30 Speaker 01: The Committee of Adjustment today will consider two minor variance applications scheduled under the Applications Act.

00:06:37 Speaker 01: The Planning Act requires that the public hearing be held before the Committee of Adjustment decides whether to approve a minor variance.

00:06:44 Speaker 01: The public hearing service serves two purposes: first, to present the details and the background of the application to the Committee of Adjustment, and second, to receive comments from public agencies before a decision is made.

00:07:00 Speaker 01: For each application, the Secretary will summarise the proposal and correspondence on file.

00:07:06 Speaker 01: Planning staff will provide any additional information that is relevant to the application.

00:07:12 Speaker 01: From there, the applicant will be provided with the opportunity to make comments, presentations, followed by questions and presentations from the public, either in favour of or opposed to the application.

00:07:23 Speaker 01: All questions should go through me, the Chair, and presentations are limited to a maximum of ten minutes.

00:07:29 Speaker 01: Committee members will then have the opportunity to question the applicant, Secretary-Treasurer, the planner, or anyone giving presentations.

00:07:37 Speaker 01: The application will then be considered by the committee.

00:07:40 Speaker 01: Will the Secretary-Treasurer please provide how, when, and to whom the notice of public hearings is circulated?

00:07:47 Speaker 01: Circulated.

00:07:48 Speaker 01: Sorry.

00:07:50 Speaker 01: Through you, Mr. Chair.

00:07:51 Speaker 05: Notice for these applications was posted on the subject properties on Tuesday, July 8, 2025, being at least fourteen days prior to the hearing.

00:07:59 Speaker 05: Notices for these applications were sent by mail to the assessed owners within 60 metres of the subject properties, and were also circulated to those persons, departments,

00:08:07 Speaker 05: and agencies likely to have an interest in the applications, as legislated.

00:08:11 Speaker 05: Included with each notice was a legal description of the subject property, a description of the purpose of the proposed minor variance.

00:08:18 Speaker 05: The circulations were provided in accordance with the provisions of the Planning Act, R.S.O.

00:08:22 Speaker 05: 1990, Chapter P.13.

00:08:25 Speaker 01: Thank you.

00:08:27 Speaker 01: I now declare this to be a public hearing for application A-11-25.

00:08:32 Speaker 01: Ms. Penny, will you please summarise the application?

00:08:35 Speaker 01: and any correspondence received to date?

00:08:38 Speaker 05: Thank you, Mr. Chair.

00:08:39 Speaker 05: This is a minor variance application that was put forward by Jamie Cool on behalf of Todd and Christine Hillier.

00:08:45 Speaker 05: The official plan designation is residential, and it is zoned as low-density residential R2.

00:08:49 Speaker 05: The legal description of the lands is North Part Lot 22, South Part Lot 23, Cathcart East Side, City of Owen Sound, County of Grey, and it is known municipally as 1969 Seventh Avenue East.

00:09:01 Speaker 05: There is an existing single detached dwelling on the subject lands with an uncovered front deck and a south side addition.

00:09:07 Speaker 05: The applicant is proposing to cover the existing deck and expand it to create a covered porch that wraps around the south side of the building.

00:09:13 Speaker 05: The applicant also proposes to remove and replace the existing south side addition.

00:09:17 Speaker 05: A minor variance is being requested to recognize the location of the existing dwelling and facilitate the proposed renovation.

00:09:25 Speaker 05: The required minimum front yard setback is 7.5 metres.

00:09:28 Speaker 05: The front yard setback of the existing dwelling is 3.46 metres, representing a variance of 4.04 metres to the required minimum front yard setback.

00:09:37 Speaker 05: A variance is requested to recognize the front yard setback of the existing dwelling as the required front yard setback.

00:09:44 Speaker 05: A porch or deck may project into the required front yard a maximum of three metres.

00:09:50 Speaker 05: A variance is requested to permit a porch or deck to project a maximum of 1.78 metres into the front yard from the front face of the existing dwelling, but where projecting into the front lot,

00:10:00 Speaker 05: the front yard.

00:10:00 Speaker 05: No porch or deck shall project within less than 1.5 metres of a front lot line.

00:10:05 Speaker 05: Comments have been received without objection from the Historic Saguenay Métis, Grey County, and the City's Engineering and Public Works Department.

00:10:13 Speaker 01: Thank you very much.

00:10:14 Speaker 01: Planning staff, will you please provide any additional information that may be relevant?

00:10:23 Speaker 06: Good afternoon, Chair.

00:10:24 Speaker 06: The Secretary-Treasurer has described the application and comments, so I'll just summarise the report.

00:10:27 Speaker 06: So I'll just summarise the reporting conditions.

00:10:30 Speaker 06: The Hillier property is located on the east side of 7th Avenue East between 18th and 19th Streets in an established residential area north of Duncan MacLellan Park.

00:10:39 Speaker 06: There's an existing single-detached dwelling with an uncovered front deck and south-side addition on the property.

00:10:46 Speaker 06: The proposed variance would allow the applicant to cover the existing deck and expand it to create a covered porch that wraps around the south side of the building,

00:10:53 Speaker 06: and to remove and replace the existing south-side addition.

00:10:55 Speaker 06: The porch would abut, and its roofline would tie in with the addition.

00:11:01 Speaker 06: Staff have reviewed the application against the policy context and the four tests of a minor variance, finding the application consistent with the direction of the provincial planning statement,

00:11:10 Speaker 06: conforming to the intent and purpose of the official plan and zoning bylaw, and is minor in nature and desirable for the development and use of the lands.

00:11:18 Speaker 06: Notably, the lands are designated and zoned for residential use, permitting single-detached dwellings.

00:11:24 Speaker 06: Homes in this block have a variety of existing setbacks.

00:11:28 Speaker 06: The covered porch will not be any closer to the front lot line than the existing uncovered deck, and the addition will be setback farther from the front lot line than the existing dwelling.

00:11:37 Speaker 06: The proposal is not anticipated to significantly impact the established streetscape.

00:11:43 Speaker 06: The side yards are large, and there is plenty of room for functional attributes of the property to be located on either side of the house without encroaching onto the road allowance.

00:11:52 Speaker 06: The proposal supports the residential function of the property, and staff recommend approval subject to two conditions: typically standard conditions that the construction occur substantially in accordance with the sketch provided,

00:12:07 Speaker 06: and that this variance applies only to the proposal as shown.

00:12:10 Speaker 06: In any future addition or new buildings, compliance with the zoning in place at the time would be required.

00:12:16 Speaker 06: Happy to answer any questions.

00:12:20 Speaker 01: Thank you.

00:12:23 Speaker 01: Does the applicant or agent for A-112025 have a presentation they wish to make?

00:12:29 Speaker 01: Could you please state your name and where you're from?

00:12:36 Speaker 01: Good afternoon.

00:12:36 Speaker 01: My name is Jamie Cool.

00:12:38 Speaker 01: I'm here on behalf of the owners, Todd and Christine Hillier.

00:12:43 Speaker 07: Thank you, Mr. Chairman and committee members, for considering this application.

00:12:49 Speaker 07: It's been summed up that this application meets the four tests, and really we're not looking to make huge changes to what already exists with the building and the porch.

00:13:03 Speaker 07: I'm here more to answer any questions if you had any questions on this application.

00:13:10 Speaker 01: Thank you very much.

00:13:10 Speaker 01: There are no members of the public here, so the question is: comments from members of the public?

00:13:19 Speaker 01: No. Are there any further questions or comments from the committee to the applicant, Secretary-Treasurer, Planning Division, or any person who made a presentation?

00:13:28 Speaker 01: Oops, sorry.

00:13:30 Speaker 01: No questions.

00:13:31 Speaker 01: I have just one question.

00:13:33 Speaker 01: On the front porch, it's just a roof going over the porch, no walls.

00:13:39 Speaker 01: Sorry.

00:13:42 Speaker 07: That is correct.

00:13:42 Speaker 07: It's just an open porch that will wrap around to the replaced addition on the side.

00:13:48 Speaker 07: Yes.

00:13:49 Speaker 01: Thank you.

00:13:50 Speaker 01: Because I've seen too many decks enclosed and become part of the house, and it's just a deck structure, and it doesn't meet the requirements.

00:13:58 Speaker 01: Okay, that's wonderful.

00:14:00 Speaker 01: Thank you very much.

00:14:09 Speaker 01: Does any member of the committee wish to make a motion for A-112025?

00:14:17 Speaker 01: Through you, Chair, I'll make a motion to approve A-112025, subject to the conditions laid out by the planning staff.

00:14:26 Speaker 01: Thank you.

00:14:27 Speaker 01: I'll call the vote.

00:14:28 Speaker 01: The vote was in favour.

00:14:31 Speaker 01: The motion is carried.

00:14:33 Speaker 01: Thank you.

00:14:34 Speaker 01: Please be advised that there is a 20-day appeal period during which time the applicant, the Minister, or a specified person or public body that has an interest in the matter may appeal today's decision.

00:14:44 Speaker 01: During this appeal period, no building permit may be issued or other work commenced.

00:14:49 Speaker 01: I now declare the public hearing for A-112025 to be concluded.

00:14:55 Speaker 01: The applicant may leave.

00:14:56 Speaker 01: Thank you.

00:15:04 Speaker 01: I now declare this to be a public hearing for application A-132025.

00:15:09 Speaker 01: Miss Penn, would you please summarise the application and any correspondence received to date?

00:15:16 Speaker 05: Thank you, Mr. Chair.

00:15:18 Speaker 05: This is a minor variance application that was put forward by the Rayburns.

00:15:21 Speaker 05: The official plan designation is residential, and it is zoned as low-density residential R-2.

00:15:26 Speaker 05: The legal description of the lands is Plan 56, Lot 27 to 28, City of Owen Sound, County of Grey, and it is known municipally as 305th Street East.

00:15:36 Speaker 05: The applicant is proposing to convert an existing deck to an addition to the detached dwelling: a 13.4-square-metre four-season sunroom, and a 4.7-square-metre deck.

00:15:46 Speaker 05: As per Section 4 definitions of the City's Zoning Bylaw 2022-078 as amended, the subject property's front lot line is the lot line adjacent to Third Avenue East.

00:15:56 Speaker 05: The application is requesting relief from the minimum front yard setback for a single-detached dwelling in the R-2 zone.

00:16:02 Speaker 05: The required front yard/front side yard setback is 7.5 metres.

00:16:07 Speaker 05: The applicant is proposing a front yard setback of 4.1 metres.

00:16:09 Speaker 05: A setback of 4.1 metres, a variance of 3.4 metres, is being requested.

00:16:14 Speaker 05: Comments have been received without objection from the Historic Sogin Métis, Grey County, and the City's Engineering and Public Works Department.

00:16:23 Speaker 05: Moreover, the Grey-Sable Conservation Authority has provided comments following the publication of the agenda, which I will read now for the benefit of the committee,

00:16:30 Speaker 05: and which will be attached to the republished agenda following the meeting.

00:16:32 Speaker 05: To summarise, the Grey-Sable Conservation Authority notes that they have no concerns with the minor variance application.

00:16:41 Speaker 05: GSCA notes that it does not appear that they have received their commenting fee for this minor variance application, and as noted, a permit is required from our offices,

00:16:49 Speaker 05: as the area of development is within the regulated area.

00:16:52 Speaker 05: I note that a permit has been issued by Graceville Conservation Authority and was included with the agenda package.

00:16:56 Speaker 05: Thank you.

00:16:59 Speaker 01: Thank you very much.

00:17:01 Speaker 01: Planning staff, will you please provide any additional information that may be relevant?

00:17:07 Speaker 06: Hello again.

00:17:08 Speaker 06: I'll again just summarise the report and conditions.

00:17:11 Speaker 06: The Rayburn property is located just east of Second Avenue East.

00:17:15 Speaker 06: The driveway into the property is on the north side of First Street East, located generally between the main entrance to Harrison Park and the Freedom Trail.

00:17:24 Speaker 06: While the property is accessed from First Street East, it also has frontage on Third Avenue East, and both of these streets are open and passable across the width and depth of the subject lands.

00:17:34 Speaker 06: But due to a watercourse between the subject lands and First Street East, there's a very deep boulevard, and the open portion of the two streets do not connect.

00:17:43 Speaker 06: There's an existing single-detached dwelling on the subject lands with an existing deck on the east side.

00:17:50 Speaker 06: The applicant proposes to create a four-season sunroom on the same footprint as the existing deck, and a small area of deck would remain as a landing to the stairs down to grade,

00:17:59 Speaker 06: as is shown on the GSCA permit.

00:18:02 Speaker 06: Functionally, the dwelling faces First Street East, and that is where the driveway is located, as well as the front door.

00:18:08 Speaker 06: But technically, because of the front lot line—or sorry, because of the lot line abutting Third Avenue East is shorter—the zoning bylaw considers this easterly lot line to be the front lot line.

00:18:18 Speaker 06: The zoning bylaw does provide that regulations for porches and decks to encroach specified distances into a required front yard.

00:18:26 Speaker 06: The existing deck already encroaches slightly farther into that distance than the provision would allow.

00:18:34 Speaker 06: Enclosing a deck to create a four-season sunroom constitutes an addition to the main dwelling.

00:18:39 Speaker 06: The requested variance would provide for both the addition and deck to conform with zoning.

00:18:44 Speaker 06: Staff have reviewed the application against the policies and the four tests of a minor variance and find the application consistent with the direction of the provincial planning statement,

00:18:54 Speaker 06: conforming to the intent and purpose of the official plan and zoning bylaw, and is minor in nature and desirable for the development and use of the lands.

00:19:01 Speaker 06: Notably, the lands are designated and zoned for residential use, and single-detached dwellings are permitted.

00:19:07 Speaker 06: The addition will not be any closer to Third Avenue East than the existing deck.

00:19:12 Speaker 06: Existing vegetation in the area is taller than, and would shade the neighbours more than the proposed addition, and also screen it from view.

00:19:20 Speaker 06: The functions of a front yard are provided by the First Street East frontage, and the home is situated in a unique location compared to its neighbours, being located at the end of both streets.

00:19:30 Speaker 06: The addition is not anticipated to significantly impact the streetscape or impact the neighbours.

00:19:36 Speaker 06: The proposal supports the residential function of the property, and as Allison had read, Grey Sauble Conservation Authority planning comments indicate no objection.

00:19:45 Speaker 06: And while they note a permit is required and the fee outstanding, staff will reach out to them since the permit has already been issued.

00:19:52 Speaker 06: Staff recommend approval of the application subject to two conditions: one, that construction occur substantially in accordance with the sketch, and two, that any future porch or deck shall be setback from the front lot line,

00:20:07 Speaker 06: Third Avenue East, a minimum of 4.1 metres.

00:20:10 Speaker 06: The second condition is recommended so that in future,

00:20:12 Speaker 06: the provisions of the zoning bylaw that would otherwise allow a porch or deck to encroach farther into the required front yard than the main dwelling could not be used to further reduce the setback from

00:20:22 Speaker 06: what is being proposed today.

00:20:25 Speaker 06: And if you have any questions, please let me know.

00:20:28 Speaker 01: Thank you very much.

00:20:30 Speaker 01: Does the applicant or agent for A132025 have a presentation they wish to make?

00:20:35 Speaker 01: Seeing none.

00:20:38 Speaker 01: Are there any questions or comments from members of the public?

00:20:42 Speaker 01: Seeing none.

00:20:46 Speaker 01: Are there any further questions or comments from the committee, to the Secretary-Treasurer Planning Division, or any persons making a presentation?

00:20:55 Speaker 01: Seeing none.

00:20:55 Speaker 01: I have a comment that I'd like to put in there.

00:20:59 Speaker 01: That when it's turned into a four seasons, the building permit will be issued, and the support of this structure will be reviewed by the Building Division.

00:21:14 Speaker 01: Thank you.

00:21:18 Speaker 01: Does any member of the committee wish to make a motion for application A132025?

00:21:24 Speaker 03: I'll make a motion to approve application A132025 as presented with the draft conditions of approval.

00:21:34 Speaker 03: Thank you.

00:21:34 Speaker 03: I'll call a vote.

00:21:35 Speaker 03: All those in favour?

00:21:37 Speaker 03: Motion is carried.

00:21:41 Speaker 01: Please be advised that there is a twenty-day appeal period during which time the applicant, the Minister, or a specified person or public body that has an interest in the matter may appeal today's decision.

00:21:51 Speaker 01: During this appeal period, no building permit may be issued or other work commenced.

00:21:57 Speaker 01: I now declare public hearing A132025 to be concluded.

00:22:02 Speaker 01: The applicant may leave the meeting now if they wish to do so.

00:22:10 Speaker 01: Just ask that question.

00:22:11 Speaker 01: I live on Harrison Park.

00:22:14 Speaker 01: Oh, do you want to step up to the microphone, please?

00:22:20 Speaker 08: I live right in front of Harrison Park on the corner of Second Avenue and First Street, and you're referring the east side of their house as the front of the house.

00:22:31 Speaker 08: I don't understand that.

00:22:33 Speaker 08: I would imagine they would pay their taxes on the First Street, which would be the front of the house.

00:22:40 Speaker 08: But you're referring the side of the house as the front of the house.

00:22:47 Speaker 08: Oh, sorry.

00:22:49 Speaker 06: Thank you.

00:22:50 Speaker 06: Through you, Chair.

00:22:51 Speaker 06: The taxes are different than the zoning bylaw.

00:22:54 Speaker 06: So the rules about where on your lot you can construct a building or an addition or a deck come out of the zoning bylaw.

00:23:03 Speaker 06: And in that bylaw, it considers the shortest frontage on a street to be the front yard.

00:23:11 Speaker 06: So in this case, it's Third Avenue East.

00:23:15 Speaker 06: Even though the functionally the structure is facing First.

00:23:20 Speaker 06: Yes.

00:23:21 Speaker 06: So the addition is on the Third Avenue East side.

00:23:23 Speaker 06: Yeah.

00:23:24 Speaker 06: Okay.

00:23:25 Speaker 06: Say I pay taxes on the Second.

00:23:46 Speaker 01: Thank you very much.

00:23:53 Speaker 01: Application file number B062025 was deemed undisputed consent, and received the staff delegated approval.

00:23:59 Speaker 01: Planning staff, please provide any additional information about these applications at this time.

00:24:05 Speaker 02: Through you, Chair, the delegated approval.

00:24:10 Speaker 02: The notice of decision is provided for your information, and the application has gone through the required process, so it's provided just for information.

00:24:18 Speaker 02: The decision's been made, and all the what you're saying is just the notice of decision.

00:24:24 Speaker 02: Thank you.

00:24:25 Speaker 02: Thank you very much.

00:24:27 Speaker 01: No additional business was added at the beginning of the meeting, so we'll move on to ten, which is the next regular meeting scheduled for September 23, 2025.

00:24:38 Speaker 01: It is now 3:30 p.m.

00:24:41 Speaker 01: I declare this meeting adjourned.