Owen Sound Committee of Adjustment Meeting Transcript — October 28, 2025

00:00:14 Speaker 01: I will call this meeting to order.

00:00:15 Speaker 01: I'd like to welcome everyone here today to these hearings.

00:00:18 Speaker 01: The Committee of Adjustment is appointed by Council to consider consent applications and applications for minor variances to the zoning bylaw.

00:00:27 Speaker 01: Please be advised.

00:00:28 Speaker 01: Excuse me.

00:00:29 Speaker 01: Please be advised that any applicant agent in attendance at today's meeting for a specific application may leave the meeting once their application has been considered by the committee.

00:00:41 Speaker 01: Any applicant agent or member of the public wishing to address the committee for a specified application is reminded that presentations are limited to 10 minutes per person.

00:00:52 Speaker 01: Are there additional items from the committee members or staff?

00:00:58 Speaker 01: Seeing none, do any committee members have any interest arising from the minutes of the last meeting, or listed on the agenda?

00:01:07 Speaker 01: If so, please state the general nature thereof.

00:01:13 Speaker 01: Seeing none, does any committee member have any comments or a motion regarding the September 29th, 2025 minutes to be adopted today?

00:01:31 Speaker 02: Yes, Chair.

00:01:32 Speaker 02: I would like to make a motion that the minutes of the Committee of Adjustment meeting held on September twenty-ninth be approved as printed.

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

00:01:47 Speaker 01: I will call a vote.

00:01:48 Speaker 01: All those in favour.

00:01:51 Speaker 01: The motion is carried.

00:01:53 Speaker 01: There are no correspondence items being presented for consideration.

00:01:57 Speaker 01: 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,

00:02:08 Speaker 01: or in the event that the Committee defers its decision or notice for further proceedings respecting the application,

00:02:15 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 outside on the table outside Council Chambers.

00:02:28 Speaker 01: In addition, only the applicant, the Minister,

00:02:30 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.

00:02:40 Speaker 01: More information concerning the appeal and decision of the Committee of Adjustment to the Ontario Land Tribunal may be obtained from the Community Services Department, Planning Department of City Hall.

00:02:56 Speaker 01: The Committee of Adjustment today will consider two consent applications scheduled under the Applications.

00:03:02 Speaker 01: The Planning Act requires that the public hearing be held before the Committee of Adjustment before the Committee of Adjustment decides whether to approve a consent.

00:03:11 Speaker 01: The public hearing serves two purposes: first, to present the details and background of the application to the Committee of Adjustment and the public, and second,

00:03:21 Speaker 01: to receive comments from the public and agencies before a decision is made.

00:03:25 Speaker 01: For each application, the Secretary will summarise the proposal and correspondence on file, and planning staff will provide any further information that is relevant to the application.

00:03:37 Speaker 01: From there, applicants will be provided with the opportunity to make a presentation, followed by questions or presentations from the public, either in favour or in opposition to the application.

00:03:50 Speaker 01: All questions shall go through me, the Chair, and presentations are limited to a maximum time limit of ten minutes.

00:03:58 Speaker 01: Committee members will then have the opportunity to question the applicant, the Secretary-Treasurer, the planner, or anyone who has given a presentation.

00:04:06 Speaker 01: The application will then be considered by the Committee.

00:04:09 Speaker 01: Will the Secretary-Treasurer please advise how and when, and to whom, the notice of the public hearings were circulated?

00:04:20 Speaker 03: Through you, Mr. Chair, notice for these applications was posted on the subject properties on Friday, October tenth, being at least fourteen days prior to the hearing.

00:04:28 Speaker 03: Due to the Canada Post strike, notice for these applications was either hand-delivered or sent by courier to the assessed owners within 60 metres of the subject properties, and was also circulated to those persons, departments,

00:04:39 Speaker 03: and agencies likely to have an interest in the applications, as legislated.

00:04:43 Speaker 03: Included with each notice was a legal description of the subject property and a description of the purpose of the proposed consent.

00:04:49 Speaker 03: The circulations were provided in accordance with the provisions of the Planning Act, R.S.O.

00:04:54 Speaker 03: 1990, Chapter P.13.

00:04:57 Speaker 01: Thank you very much.

00:04:58 Speaker 01: I now declare this a public hearing for application B-13-2025.

00:05:05 Speaker 01: Miss Lange, would you please summarise the application and any correspondence received to date?

00:05:11 Speaker 03: Thank you, Mr. Chair.

00:05:13 Speaker 03: This is a consent application that was put forward by Ron Davidson Land Use Planning Consultant Inc. on behalf of 16 Avenue OS Inc. The official plan designation is East City Commercial,

00:05:22 Speaker 03: and it is zoned as C-2-14-1041 and C-2-H for holding provision 14-1042.

00:05:31 Speaker 03: The legal description of the lands is Range Six EGR Part Lot Five RP 16 R 327 Part One, City of Owen Sound, County of Grey, and it is municipally as 1750 16th Avenue East.

00:05:42 Speaker 03: Fifty-Sixteenth Avenue East.

00:05:44 Speaker 03: The applicant is proposing to sever the subject lands to create one new commercial lot.

00:05:49 Speaker 03: The retained lot is proposed to have approximately 120 metres of frontage on Sixteenth Avenue East, 64 metres of lot depth, and 7,650 square metres of lot area.

00:06:00 Speaker 03: A new hotel development is proposed for the retained lot.

00:06:03 Speaker 03: The severed lot contains existing commercial buildings and is proposed to have approximately 64 metres of frontage on Seventeenth Street East, 102 metres of frontage on 16th Avenue East, and 6,480 square metres of lot area.

00:06:17 Speaker 03: Bylaw 2025-018 or ZBA number 54 was approved earlier this year to amend the zoning categories on the lands.

00:06:24 Speaker 03: A related site plan approval application has also been submitted and is under review for the proposed retained lot.

00:06:30 Speaker 03: Comments have been received without objection from the City of Owen Sound Building Division and Engineering and Public Works Department, Grey County, Grey-Sable Conservation Authority, Historic Soggy Métis and Hydro One.

00:06:43 Speaker 03: Comments were received this morning prior to the deadline from Ron Radburn of RK Radburn Building Limited, noting errors and omissions of fact with the application and supporting information.

00:06:52 Speaker 03: These comments were circulated to the Committee and planning staff and applicant prior to the meeting and will be included with the agenda when it is republished.

00:07:01 Speaker 01: Thank you very much.

00:07:02 Speaker 01: Planning staff, will you please provide any additional information that may be pertinent?

00:07:10 Speaker 01: Yes, thank you.

00:07:12 Speaker 01: The Secretary-Treasurer has already described the applications and comments received.

00:07:17 Speaker 01: Stacy, if you wouldn't mind bringing up the overall site plan, it just might help as I go through.

00:07:22 Speaker 04: And feel free to zoom into the plan itself at the bottom.

00:07:27 Speaker 04: So this property and that the plan on the screen is has north to the right.

00:07:34 Speaker 04: Just to it's not with north at the top as is normal, because of the long narrow nature of the property.

00:07:42 Speaker 04: So this property is located on the west side of 16th Avenue East, with the rear entrance to Heritage Place Mall being on the north side of the property.

00:07:50 Speaker 04: The mall to the west and 17th Street East road allowance on the south end of the property.

00:07:55 Speaker 04: The long narrow parcel includes existing businesses at the south end, which you can see to the left here, including the Bread Depot and Absolute Automotive,

00:08:04 Speaker 04: and these existing businesses are proposed to be severed from the vacant portion of land, which is proposed for new hotel use.

00:08:10 Speaker 04: Show and interpose there.

00:08:12 Speaker 04: The policy framework in support of the proposal has been well established through the rezoning of the entire property,

00:08:18 Speaker 04: which placed both the proposed and retained severed lots in commercial zones with special provisions applicable to each to address respective future uses.

00:08:28 Speaker 04: Since the time the notice was given, site plan approval has actually been granted for the new hotel, subject to conditions.

00:08:34 Speaker 04: To ensure the policy framework is implemented before this development occurs, the site plan approval and consent applications could each stand alone, meaning that one is not required for the other to occur.

00:08:45 Speaker 04: For this reason, certain policy warrants conditions to be repeated in the consent decision as it affects the drawing of a new lot line.

00:08:53 Speaker 04: So, just to give some context on the screen, the red line down the centre is the proposed new lot line, and along the frontage of the property on Sixteenth Street, so at the bottom,

00:09:07 Speaker 04: in green, you can see two parallel green lines, and that's identifying a five-metre road widening.

00:09:16 Speaker 04: So the policy that warrants repeating in the consent decision, but is also conditions in the site plan approval, include the road widening and the environmental conditions of the site.

00:09:28 Speaker 04: So the road widening along Sixteenth Avenue East is necessary because Sixteenth is a minor arterial road for which the official plan indicates a minimum width of 30 metres,

00:09:38 Speaker 04: whereas the existing width is approximately 20 metres.

00:09:42 Speaker 04: So, five metres is proposed or recommended to be taken from this side of the street as a condition of consent.

00:09:49 Speaker 04: With respect to the environmental condition,

00:09:51 Speaker 04: staff understand the applicant is working to address official plan and Environmental Protection Act policy respecting the need for site remediation or whether there is any need for remediation to ensure the suitability of the lands

00:10:03 Speaker 04: for future uses.

00:10:05 Speaker 04: Detailed conditions of site planner approval will address the environmental condition of the site itself prior to any building permit issuance.

00:10:12 Speaker 04: However, the road widening is required as a condition of consent because it is needed regardless of whether the on-site development proceeds.

00:10:20 Speaker 04: So, the detailed conditions respecting the road widening are recommended to ensure the widening is described to the satisfaction of the City with the survey.

00:10:28 Speaker 04: To ensure that the lands be conveyed are the opinion of a qualified person and the City's peer reviewer appropriate for the intended use as a road,

00:10:37 Speaker 04: and that the applicant is responsible to pay the cost of the City's third-party peer review consultant.

00:10:44 Speaker 04: So, in response to the additional comments received, that survey is required to identify the five-metre road widening, and should it find that any portion of the requested five-metre road widening has already been conveyed.

00:10:57 Speaker 04: Staff would take that into consideration.

00:10:59 Speaker 04: The goal is to achieve that total 30 metres identified in the official plan.

00:11:05 Speaker 04: And peer reviews are not unusual for complex applications where staff do not have the specific qualifications in the area of study.

00:11:12 Speaker 04: And for this instance, peer review is recommended with respect to the environmental conditions of the lands to be conveyed to the City.

00:11:21 Speaker 04: So we're looking for that environmental qualified person to study the lands, do a environmental site assessment,

00:11:29 Speaker 04: and for that to be peer reviewed to demonstrate for the City the suitability of the lands for the use as a road.

00:11:36 Speaker 04: So, for the application, staff are recommending approval subject to eleven conditions that are outlined in the report, and in addition to those already described,

00:11:45 Speaker 04: there to ensure that the necessary documentation for deed stamping and to confirm taxes are paid, that the new lot line does not cause non-compliance of the existing development,

00:11:55 Speaker 04: payment of cash in lieu of parkland dedication, and standard conditions regarding payment of water mains, sanitary sewer, storm sewer, and road frontage fees.

00:12:04 Speaker 04: And if there's any questions, I'd be happy to do my best to answer them.

00:12:09 Speaker 04: No, thank you very much.

00:12:10 Speaker 04: I think you covered that quite well.

00:12:13 Speaker 01: Does the applicant region for B132025 have a presentation they wish to make?

00:12:20 Speaker 01: Yes.

00:12:20 Speaker 01: Good afternoon.

00:12:21 Speaker 01: My name is Ron Davidson.

00:12:22 Speaker 01: I'm a planning consultant.

00:12:23 Speaker 05: I filed the application on behalf of the owner, and I shall be incredibly brief because Margaret did a thorough job in explaining the proposal.

00:12:31 Speaker 05: This is essentially the last of three applications that we filed for the property.

00:12:35 Speaker 05: The first was to rezone it, and as you heard, the lands have been rezoned to allow for a well, it will facilitate the construction of a six-storey, 120-room hotel.

00:12:45 Speaker 05: The second application was for site plan, and as you heard, City in the last week or so granted site plan approval with conditions, so now we're at the severance stage.

00:12:56 Speaker 05: It's not absolutely necessary from a planning perspective that the lands be severed, but the owners want it severed,

00:13:03 Speaker 05: probably for financial reasons to separate the vacant or the lands at the south that have buildings on it from this proposed development lot on the north side.

00:13:12 Speaker 05: One thing that wasn't said is that in the future the buildings on the severed buildings on the Severed buildings on the retain parcel will be removed.

00:13:21 Speaker 05: It's probably a good thing.

00:13:22 Speaker 05: It doesn't really blend in with the character of the neighbourhood that we see.

00:13:26 Speaker 05: The character of that neighbourhood becoming, especially with this nice five-six storey hotel.

00:13:31 Speaker 05: But that's for another day.

00:13:33 Speaker 05: The severance checks all the boxes, and yeah, and it will lead to, like I said, a redevelopment on the south lot, which again is a good thing.

00:13:42 Speaker 05: With regard to the neighbours' comments, I have nothing to add about that.

00:13:45 Speaker 01: Thank you very much.

00:13:49 Speaker 01: Are there any questions or comments from members of the public for application B-13-2025?

00:13:56 Speaker 01: If so, please give your name and municipality in which you reside to the Secretary-Treasurer, and following your comments.

00:14:13 Speaker 01: Okay.

00:14:18 Speaker 01: Ron Radburn, address 1887 Ninth Avenue East.

00:14:22 Speaker 01: I've heard referrals to the owner of the property.

00:14:27 Speaker 01: Who is the registered owner of the property?

00:14:32 Speaker 01: Does planning staff have their own hand?

00:14:41 Speaker 03: I noted earlier it's Sixteen Avenue OS Inc. Avenue OS Inc is the registered owner for the property.

00:14:52 Speaker 03: Can you read?

00:14:53 Speaker 03: Would you repeat that?

00:14:55 Speaker 03: It's Sixteen Avenue OS Inc. Here we go.

00:15:11 Speaker 06: I don't have anything to add to my comments that I provided prior to the deadline for submitting them?

00:15:19 Speaker 06: It's a major concern that this committee supplied with misinformation, disinformation, and perhaps outright incompetence, and to ask you folks to make a decision based on that is asking a lot.

00:15:37 Speaker 06: But I, from previous experience in front of this committee, I'm well aware of their reaction to any facts that are presented by the public.

00:15:50 Speaker 06: So I fully expect you to ignore them and move the recommendation.

00:15:55 Speaker 06: I'd be surprised if anything else takes place here.

00:15:59 Speaker 06: Thank you.

00:16:01 Speaker 01: Before you sit down, sir, in your letter, did you point out the misinformation and disinformation that's being provided to the committee?

00:16:13 Speaker 06: It is included in the letter.

00:16:17 Speaker 06: It contradicts what you've been provided by our wonderful City of Owen Sound staff.

00:16:26 Speaker 06: Thank you very much.

00:16:32 Speaker 01: Are there any further questions or comments from the committee to the applicant, Secretary-Treasurer, Planning Division?

00:16:37 Speaker 01: Applicant, Secretary-Treasurer, Planning Division, or any persons who have made a presentation.

00:16:44 Speaker 01: Seeing none, I'll call it.

00:16:48 Speaker 01: Does any member of the committee wish to make a motion for application B-13-2025?

00:16:52 Speaker 01: Yes, Chair.

00:17:00 Speaker 07: I would like to make a motion for approval of B-13-2025, subject to the conditions.

00:17:15 Speaker 01: Thank you very much.

00:17:17 Speaker 01: I will call the vote.

00:17:20 Speaker 01: All those in favour.

00:17:23 Speaker 01: Thank you.

00:17:23 Speaker 01: The motion is carried.

00:17:27 Speaker 01: Please be advised that there is a 20-day appeal period during which time the applicant, the Minister,

00:17:32 Speaker 01: or specified person or public body has an interest in this matter may appeal today's decision during the appeal period.

00:17:40 Speaker 01: No building permit may be issued or other work commenced.

00:17:43 Speaker 01: I now declare the public hearing for B-13-2025 to be concluded.

00:17:49 Speaker 01: The applicant may leave the meeting now if they wish to do so.

00:18:06 Speaker 01: I now declare this to be a public hearing for application B-14-2025.

00:18:13 Speaker 01: Miss Landry, would you please summarise the application and any correspondence received to date?

00:18:20 Speaker 03: Thank you, Mr. Chair.

00:18:21 Speaker 03: This is a consent application that was put forward by Barry Kerselbrink on behalf of Barry's Construction and Insulation Limited.

00:18:27 Speaker 03: The official plan designation is residential, and it is zoned as medium density residential R-4.

00:18:33 Speaker 03: The legal description of the lands is Part Lot 25, Part Lot 26, Stavely W-S, City of Owen Sound, County of Grey, and it is known municipally as 8920 Th Street East.

00:18:46 Speaker 03: The applicant is proposing to sever the subject lands to create one new residential lot.

00:18:51 Speaker 03: The retained lot is proposed to have approximately 19 metres of frontage on Th Street East, 22 metres of frontage on Ninth Avenue East, and 449 square metres of lot area.

00:19:02 Speaker 03: It contains an existing single detached dwelling.

00:19:05 Speaker 03: The severed lot is proposed to have approximately 15 metres of frontage on Ninth Avenue East, 19 metres of lot depth, and 305 square metres of lot area.

00:19:15 Speaker 03: An existing shed on the severed lot is proposed to be removed.

00:19:18 Speaker 03: To facilitate the consent, minor variance B-14-2025 was approved by the Owen Sound Committee of Adjustment at its meeting on September 29th to address the requested relief from certain site and building regulations.

00:19:29 Speaker 03: Comments have been received without objection from the City of Owen Sound Building Division and Engineering and Public Works Department, Grey County, Grey-Sable Conservation Authority, and Hydro One.

00:19:44 Speaker 01: Thank you very much.

00:19:45 Speaker 01: Planning staff, will you please provide any additional information that may be relevant?

00:19:50 Speaker 08: Thank you, through your Chair.

00:19:53 Speaker 08: Section 932 of the OP permits lot creation through consent where less than three new lots are created, subject to the following requirements:

00:20:00 Speaker 08: that the lands front onto an existing assumed public road that is maintained on a year-round basis, which in this case is Ninth Avenue East and Th Street East.

00:20:09 Speaker 08: The consent shall have the effect of infilling in existing areas and not extending existing development.

00:20:15 Speaker 08: The lot is located in an existing established neighbourhood and has housing on all four sides.

00:20:23 Speaker 08: The creation of the lot does not compromise the long-term use of the remaining land or retained parcel, and the size of the parcel of land created by consent should be appropriate for the proposed use.

00:20:32 Speaker 08: These two provisions were addressed through the minor variance application.

00:20:37 Speaker 08: And finally, soil and drainage conditions are suitable or can be made suitable to permit the proper siting of buildings.

00:20:44 Speaker 08: Staff recommend approval, subject to the conditions outlined in Schedule E, which include that the owner prepare and submit a grading and drainage plan and stormwater management letter, make appropriate servicing arrangements for the severed lot,

00:20:57 Speaker 08: and the payment of the required fees, including cash levies for parkland and standard frontage fees, as well as provision of road widening.

00:21:05 Speaker 08: So, in conclusion, staff recommend approval of the application, subject to the conditions outlined in Schedule E. Thank you very much.

00:21:15 Speaker 01: There's no applicant present here, so we'll go, and there's no public here to make any comments.

00:21:24 Speaker 01: Are there any further questions from the committee to the applicant?

00:21:30 Speaker 01: Also, the Secretary-Treasurer of Planning staff.

00:21:34 Speaker 01: Nope, seeing none.

00:21:37 Speaker 01: Does any member of the committee wish to make a motion for application B-14-2025?

00:21:44 Speaker 01: I'll make a motion to approve application B-14-2025 with the Schedule E conditions of approval as listed.

00:21:52 Speaker 01: Thank you very much.

00:21:55 Speaker 01: I will call a vote.

00:21:56 Speaker 01: All those in favour?

00:21:57 Speaker 01: Aye.

00:21:58 Speaker 01: It's carried.

00:21:59 Speaker 01: The motion is carried.

00:22:01 Speaker 01: Please be advised there is a 20-day appeal period during which time the applicant, the Minister, or any specified person or public body that has an interest in the matter may appeal today's decision.

00:22:11 Speaker 01: During this appeal period, no building permit may be issued or other work commenced.

00:22:16 Speaker 01: I now declare public hearing B-14-2025 to be concluded.

00:22:23 Speaker 01: That's it.

00:22:26 Speaker 01: There's no correspondence items being presented for further information.

00:22:30 Speaker 01: There's no additional business was added at the beginning of the meeting, so we'll move to item 10, which is the next meeting.

00:22:36 Speaker 01: The next regularly scheduled meeting is November 25, 2025.

00:22:43 Speaker 01: It is now almost 3:25.

00:22:47 Speaker 01: At 5:00, I declare this meeting adjourned.