Owen Sound Committee of Adjustment Meeting Transcript — September 1, 2026

00:00:11 Speaker 01: It's three p.m., and I will call the meeting to order.

00:00:14 Speaker 01: I'd like to welcome everyone here to this hearing today.

00:00:17 Speaker 01: The Committee of Adjustment is appointed by Council to consider consent applications and applications for minor variances to the Zoning Bylaw.

00:00:25 Speaker 01: Please be advised that any applicant, agent, or person in attendance for this meeting for a specific application may leave the meeting once their application has been considered by the committee.

00:00:35 Speaker 01: Any applicant, agent, or member of the public wishing to address the committee for a specific application is reminded: presentations are limited to 10 minutes.

00:00:45 Speaker 01: Are there any additional items from committee or members of staff?

00:00:49 Speaker 01: Seeing none, do any committee members have an interest arising out of the minutes of the last meeting or listed on the agenda?

00:00:56 Speaker 01: If so, please state the general nature thereof.

00:01:00 Speaker 01: No, okay.

00:01:02 Speaker 01: Do any committee members have any comments or a motion regarding the July 7, 2026 minutes to be adopted today?

00:01:11 Speaker 02: Yes, Chair.

00:01:12 Speaker 02: I would like to make a motion to adopt the minutes from the July 7, 2026 meeting.

00:01:19 Speaker 02: I'll call the vote.

00:01:19 Speaker 02: All those in favour?

00:01:22 Speaker 01: The motion is carried.

00:01:23 Speaker 01: There are no correspondence items being presented for consideration.

00:01:27 Speaker 01: Please be advised that the Planning Act of Ontario indicates that anyone other than the applicant or agent wishing to receive a notice of decision of the committee,

00:01:36 Speaker 01: or in the event the committee defers its decision or notice for further proceedings respecting the application,

00:01:42 Speaker 01: such person may 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.

00:01:54 Speaker 01: In addition, only the applicant, the Minister, 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.

00:02:05 Speaker 01: And within the defined appeal period, information concerning how to appeal the decision of the Committee of Adjustment to the Ontario Land Tribunal may be obtained from the Community Services Department Planning Division at City Hall.

00:02:23 Speaker 01: The Committee of Adjustment today will consider two consent applications.

00:02:30 Speaker 01: Scheduled under applications, the Planning Act requires that the public hearing be held before the Committee of Adjustment.

00:02:39 Speaker 01: decides whether to approve the consent.

00:02:41 Speaker 01: The public hearing serves two purposes.

00:02:45 Speaker 01: First, to present details and background of the application to the Committee of Adjustment and to the public; second, to receive comments from the public or agencies before a decision is made.

00:03:00 Speaker 01: For each application, the Secretary-Treasurer will summarise the proposed proposal and correspondence on file.

00:03:06 Speaker 01: Planning staff will provide any further information that is relevant to the application.

00:03:11 Speaker 01: From there, the applicant may be provided with the opportunity to make a presentation, followed by questions or representations from the public, either in favour or in opposition to the application.

00:03:22 Speaker 01: All questions should go through me, the Chair, and presentations are limited to a maximum of ten minutes.

00:03:29 Speaker 01: Committee members will then have the opportunity to question the applicant, Secretary-Treasurer, the planner, or anyone giving presentations.

00:03:38 Speaker 01: The application will then be considered by the committee.

00:03:42 Speaker 01: Will the Secretary-Treasurer please advise how, when, and to whom the notice of public hearings was circulated?

00:03:50 Speaker 03: Three, Mr. Chair.

00:03:51 Speaker 03: Notice for these applications was posted on the subject properties on Monday, August 17th, being at least fourteen days prior to the hearing.

00:03:58 Speaker 03: Notice for these applications was sent by mail to the assessed owners within 60 metres of the subject properties and was also circulated to those persons, departments,

00:04:05 Speaker 03: and agencies likely to have an interest in the applications, as legislated.

00:04:09 Speaker 03: Included with each notice was a legal description of the subject property and a description of the purpose of the proposed consent.

00:04:15 Speaker 03: The circulations were provided in accordance with the provisions of the Planning Act, R.S.O.

00:04:19 Speaker 03: 1990, Chapter P.13.

00:04:23 Speaker 01: Thank you very much.

00:04:24 Speaker 01: I now declare this to be a public hearing for application E-2026-078.

00:04:29 Speaker 01: Miss Landry, will you please summarise the application and any correspondence received to date?

00:04:36 Speaker 03: Thank you, Mr. Chair.

00:04:37 Speaker 03: This is a consent application that was put forward by Barry's Construction and Installation Limited.

00:04:41 Speaker 03: The official plan designation is residential in hazard lands, and it is zoned as low-density residential R3 and hazard lands in Zoning Bylaw 2010-078,

00:04:51 Speaker 03: and low-density residential R1 and hazard lands in Zoning Bylaw Amendment Number 57.

00:04:57 Speaker 03: The legal description of the lands is Town Plot Brook Parkcock Street RP 16R 11953 Part 4, City of Owen Sound, County of Grey, and it is not municipally at 690 and 723rd Street West.

00:05:11 Speaker 03: The applicant is proposing to sever the subject property in half to facilitate the construction of a semi-detached dwelling, two units total.

00:05:18 Speaker 03: Each parcel is proposed to have 10 metres of frontage on 23rd Street West, 50 metres of lot depth, and 500 square metres of lot area.

00:05:25 Speaker 03: Comments have been received without objection from the City of Owen Sound Engineering and Public Works Department and Building Division, Ministry of Transportation, Canada Post, County of Grey, and Bell Canada.

00:05:37 Speaker 03: Comments were received after the agenda was published but prior to the deadline from the Grey-Sable Conservation Authority, recommending that an overall drainage plan be prepared for the lots to coordinate drainage,

00:05:46 Speaker 03: and that a permit will be required from them for the development.

00:05:49 Speaker 03: These comments were circulated to the committee, planning staff, and the applicant prior to the meeting, and will be included with the agenda when it is republished.

00:05:58 Speaker 01: Thank you very much.

00:05:59 Speaker 01: Planning staff, will you please provide any additional information that may be relevant?

00:06:07 Speaker 04: Thank you, Mr. Chair, and through you, the lands subject.

00:06:11 Speaker 04: The lands subject to the requested consent are shown on Schedule A of the staff report and the screen before you.

00:06:17 Speaker 04: The lands are within the northwest quadrant of the city, approximately 120 metres east of the municipal boundary shared with the Township of Georgian Bluffs.

00:06:25 Speaker 04: The lands have approximately 20 metres of frontage on 23rd Street West, 50 metres of lot depth, and 1,027 square metres of lot area,

00:06:34 Speaker 04: and were formerly part of the unopened road allowance of Seventh Avenue West, north of 23rd Street West, which was stopped up and closed, and declared surplus to the needs of the city,

00:06:44 Speaker 04: and sold to the applicant in accordance with the city's land sale bylaw.

00:06:48 Speaker 04: The applicant is proposing to sever the property in half to facilitate the construction of a semi-detached dwelling.

00:06:54 Speaker 04: As noted by the Secretary-Treasurer, the lands are designated residential and hazard lands by the city's official plan, and are zoned low-density residential R3 and hazard lands by the city's zoning bylaw.

00:07:05 Speaker 04: Single and semi-detached dwellings are among the uses permitted within the residential designation and R3 zone.

00:07:12 Speaker 04: The subject consent application is required to conform to the city's official plan and zoning bylaw.

00:07:17 Speaker 04: Decisions with respect to a planning matter must also be consistent with the provincial planning statement or PPS.

00:07:24 Speaker 04: The proposal for residential lot creation represents intensification and infill development within a fully serviced settlement area,

00:07:31 Speaker 04: and will contribute to providing a range and mix of housing options to meet the needs of current and future residents as required by the PPS.

00:07:38 Speaker 04: A small portion of the subject lands to the north or rear of the property are designated and zoned as hazard lands.

00:07:46 Speaker 04: The proposed future semi-detached dwelling is oriented towards the south or front of the property, fronting 23rd Street West, and is directed away from these hazard lands, consistent with the policy direction provided by the PPS.

00:08:00 Speaker 04: The analysis provided within Staff Report CS-26078 demonstrates that the proposed consent conforms to Policy 3.1.8.2 of the Official Plan as it relates to housing intensification and infill development.

00:08:14 Speaker 04: Section 9.3.2 of the Official Plan requires regard for certain criteria when considering an application for consent.

00:08:24 Speaker 04: As demonstrated in Report CS-26078, the proposed consent conforms to the policies outlined in 9.3.2.4 of the Official Plan, including that the lands have frontage on 23rd Street West,

00:08:34 Speaker 04: which is an assumed public road that is maintained on a year-round basis; the proposed consent has the effect of infilling within an existing established residential neighbourhood of the city.

00:08:46 Speaker 04: Existing municipal services are available within the Twenty-Third Street West road allowance to service the proposed severed and retained parcels.

00:08:54 Speaker 04: The size of the proposed severed and retained parcels meet the minimum lot frontage and area requirements for a semi-detached dwelling within the R3 zone,

00:09:02 Speaker 04: and recommended conditions of the consent approval will require the provision of a grading and drainage plan to ensure suitable drainage conditions of the severed and retained parcels, as required by the City's Official Plan.

00:09:15 Speaker 04: With that, Mr. Chair, planning staff are recommending that, in consideration of report CS-26078 respecting a consent for lot creation for property known as 690 and 723rd Street West,

00:09:28 Speaker 04: you would approve consent B102026 by Barry's Construction Insulation Limited, subject to the conditions outlined in Schedule E. Thank you very much.

00:09:37 Speaker 01: Does the applicant agent for B102026 have a presentation they wish to make?

00:09:42 Speaker 01: Seeing none, and there's nobody here from members of the public, so we move on.

00:09:46 Speaker 01: Are there any further questions or comments from the committee to the applicant, Second Treasurer, Planner, Planning Division, or staff, or persons who made a presentation?

00:09:54 Speaker 01: Seeing none, any questions?

00:09:56 Speaker 01: No. No questions.

00:09:58 Speaker 01: Okay.

00:09:59 Speaker 01: Does any member of the committee wish to make a motion for application B102026?

00:10:06 Speaker 05: I'd like to make a motion to approve application B102026, provided the conditions of approval for Schedule E. Thank you.

00:10:19 Speaker 05: I'll call a vote.

00:10:19 Speaker 05: All those in favour?

00:10:21 Speaker 01: Aye.

00:10:22 Speaker 01: The motion is carried.

00:10:24 Speaker 01: Please be advised that there is a 20-day appeal period during which time the applicant, the minister, or the secretary,

00:10:29 Speaker 01: or a specified person of a public body that has an interest in the matter may appeal today's decision.

00:10:35 Speaker 01: During this appeal period, no building permit may be issued or other work commenced.

00:10:41 Speaker 01: I now declare public hearing B-2026 to be concluded.

00:10:54 Speaker 01: I now declare this public hearing for application B-11-2026 to B-13-2026.

00:11:02 Speaker 01: Miss Landry, would you please summarise the application and any correspondence received to date?

00:11:08 Speaker 03: Thank you, Mr. Chair.

00:11:09 Speaker 03: These are consent applications that were put forward by Barry's Construction and Installation Limited on behalf of Barry Crisselbrink and Bruce Miner.

00:11:16 Speaker 03: The official plan designation is West City Commercial, and it is zoned as Retail Commercial C-2.

00:11:21 Speaker 03: The legal descriptions of the lands are Plan 34 and Part 34N, Part Lot 63 and Part One Plans 16R 12308, City of Owen Sound, County of Grey,

00:11:32 Speaker 03: and it is not a municipality at 1038 Sixth Avenue West.

00:11:37 Speaker 03: Through Consent B-11-2026, the applicant is proposing to sever the southern interior side yard of 1038 Sixth Avenue West for the purposes of a new residential building lot.

00:11:46 Speaker 03: A lot addition is also proposed through Consent B-12-2026 that proposes to sever a 0.88-metre wide by 20.5-metre wide by 20.5-metre long strip of land from lands legally described as Part One Plan 16R 12308,

00:12:01 Speaker 03: and convey it to the proposed severed parcel such that each lot has approximately 11 metres of frontage on Sixth Avenue West, 20.5 metres of lot depth, and 230 square metres of lot area.

00:12:12 Speaker 03: The proposed consent for lot creation and a lot addition will facilitate development of the lands for a semi-detached dwelling.

00:12:19 Speaker 03: The lands are also subject to zoning bylaw amendment number 59.

00:12:21 Speaker 03: Bylaw Amendment Number Fifty-Nine, which has the effect of applying a site-specific zoning provision to the lands to permit a semi-detached dwelling and provide site-specific site and building regulations with respect to lot area, lot coverage,

00:12:33 Speaker 03: and front and rear yard setbacks.

00:12:36 Speaker 03: Approval of ZBA Number Fifty-Nine will be considered by Owen Sound City Council on September 14th, Two Thousand and Twenty-Six.

00:12:42 Speaker 03: The proposed retained lot will contain the existing single-detached dwelling on Ten Thirty-Eighth Sixth Avenue West, and is proposed to have approximately eighteen point three metres of frontage on Sixth Avenue West,

00:12:52 Speaker 03: 20.7 metres of lot depth, and 379 square metres of lot area.

00:12:57 Speaker 03: The lands are also subject to Consent B-13-2026,

00:13:01 Speaker 03: which proposes to establish a grading and drainage easement to allow surface drainage from lands legally described as Part One Plan 16R 12308 to discharge to an existing storm sewer on Sixth Avenue West.

00:13:11 Speaker 03: Comments have been received without objection from the City of Owen Sound Engineering and Public Works Department and Building Division, Candidate Division, Canada Post, County of Grey, Ministry of Transportation, and Bell Canada.

00:13:23 Speaker 03: Comments were received after the agenda was published, but prior to the deadline from the Grey-Sable Conservation Authority, with no objections to the proposed consents.

00:13:31 Speaker 03: These comments were circulated to the committee, planning staff, and the applicant prior to the meeting, and will be included with the agenda when it is republished.

00:13:39 Speaker 01: Thank you very much.

00:13:40 Speaker 01: Planning staff, will you provide any additional information that may be relevant?

00:13:45 Speaker 04: Thank you, Mr. Chair, and through you, if I could ask the Secretary-Treasurer to pull up the site plan that was attached to Schedule D, and if you just want to zoom in a little bit,

00:13:54 Speaker 04: Stacy, so we can see the colours and the sort of legend of the colours.

00:14:01 Speaker 04: When they say a picture's worth a thousand words, this is sort of it.

00:14:06 Speaker 04: So there's a lot of things going on with these consent applications, but this image sort of illustrates the part.

00:14:16 Speaker 04: The parcel outlined in green is the one that is proposed to be severed through Consent B-11-2026, and outlined in pink is the parcel proposed to be retained,

00:14:29 Speaker 04: which will contain the existing single-detached dwelling at 1038 Sixth Avenue West.

00:14:36 Speaker 04: Outlined in red are lands legally described as Part One Plan 16R 12308, and that parcel was created by way of consent in Two Thousand and Twenty-Five through B-12-2025.

00:14:50 Speaker 04: Highlighted in yellow is the area of the lot addition that's proposed through Consent B-12-2026.

00:14:58 Speaker 04: So the effect of that application is to sever that strip of lands from Part One Plan 16R 12308 and convey it to the proposed severed parcel outlined in green,

00:15:13 Speaker 04: and the proposed consent for lot creation and the lot addition will facilitate development of the lands for a semi-detached dwelling.

00:15:21 Speaker 04: And a building envelope of a semi-detached dwelling is shown on the plan before you.

00:15:27 Speaker 04: As the Secretary-Treasurer mentioned, the lands are also subject to zoning bylaw amendment number fifty-nine, which will permit the use of a semi-detached dwelling and provide site-specific site and building regulations with respect to lot area,

00:15:41 Speaker 04: lot coverage, and front and rear yard setbacks.

00:15:44 Speaker 04: A separate recommendation report has been prepared on the merits of ZBA 59 and will be brought forward to City Council at its meeting on September 14th for approval.

00:15:54 Speaker 04: And as a condition of approval for these consent applications, it's recommended that ZBA 59 be approved and confirmed to be in full force and effect.

00:16:04 Speaker 04: Highlighted in orange as well on the site plan before you are the limits of the proposed grading and drainage easement that is proposed to be established through Consent B-13-2026.

00:16:17 Speaker 04: Although the area of the easement is conceptual at this time,

00:16:20 Speaker 04: the proposed grading and drainage easement will allow surface drainage from lands legally described as Part One Plan 16R 12308 to discharge to an existing storm sewer that is on Sixth Avenue West.

00:16:34 Speaker 04: As you know, the subject consent applications are required to conform to the City's Official Plan and zoning bylaw, and decisions with respect to a planning matter must also be consistent with the PPS.

00:16:45 Speaker 04: The proposal for residential lot creation represents intensification and infill development within a fully serviced settlement area,

00:16:52 Speaker 04: and will contribute to providing a range and mix of housing options to meet the needs of current and future residents, as required by the PPS.

00:17:00 Speaker 04: The land subject to the requested consent application, together with lands municipally known as Ten-Ten Sixth Avenue East, which are on Sixth Avenues, which are to the immediate south,

00:17:09 Speaker 04: comprise a 0.11-hectare block within the West City Commercial designation, as identified on the Land Use Plan of the City's 2021 Official Plan.

00:17:21 Speaker 04: Medium density forms of housing are among the uses permitted within this designation, and the requested consent applications, together with Zoning Bylaw Amendment Number 59,

00:17:31 Speaker 04: will facilitate a total of five residential units within this 0.11-hectare block of lands, resulting in a net residential density of 45.5 units per hectare,

00:17:44 Speaker 04: which is considered to be medium-density residential development by the Official Plan.

00:17:49 Speaker 04: Section 932 of the Official Plan requires regard for certain criteria when considering an application for consent.

00:17:56 Speaker 04: As demonstrated in report CS26081, the proposed consent conforms to the policies outlined in 932-4.

00:18:04 Speaker 04: In 932-4 of the Official Plan, including that the land's front on to Sixth Avenue West, which is an existing assumed public road maintained on a year-round basis,

00:18:13 Speaker 04: the lands are located within an existing built-up area of the City.

00:18:18 Speaker 04: The proposed semi-detached dwelling lots will be serviced with existing municipal services available within the Sixth Avenue West road allowance.

00:18:25 Speaker 04: And recommended conditions of the consent approval will require minor amendments to the submitted servicing plan to ensure, among other matters, that separate municipal services to the proposed severed and retained parcels are provided,

00:18:39 Speaker 04: and that the owner enter into a minor servicing agreement with the City to facilitate the installation of new municipal services and the restoration of affected City lands.

00:18:48 Speaker 04: Through zoning amendment number fifty-nine, site-specific site and building regulations have been established to provide a reduced lot area for the existing single-detached dwelling on the retained lot,

00:18:59 Speaker 04: and the development of the severed parcels for a semi-detached dwelling.

00:19:04 Speaker 04: Specifically, ZBA Fifty-Nine provides for a reduced lot area and front and rear yard setback and increased maximum permitted lot coverage.

00:19:13 Speaker 04: The site-specific site and building regulations established through ZBA Fifty-Nine maintain the general intent and purpose of the zoning bylaw, as the lots remain sufficient for accommodating the proposed land use,

00:19:25 Speaker 04: together with front and rear yard amenity space and off-street parking within individual.

00:19:30 Speaker 04: Attached garages and service driveways; grading and drainage will be effectively managed through a swale to the rear, or west and northern interior side yard of the proposed severed parcel.

00:19:43 Speaker 04: Minor revisions to the submitted grading and drainage plan and the registration of an easement agreement on title of the benefiting and dominant lands are recommended as a condition of the consent approval to implement the

00:19:55 Speaker 04: grading and drainage approach that is proposed.

00:20:00 Speaker 04: With that, Mr. Chair, planning staff are recommending that, in consideration of Report CS-26081, respecting a consent for lot creation, a lot addition, and an easement for lands legally described as Part One Plan 16R12308,

00:20:14 Speaker 04: and lands municipally known as Ten Thirty-Eighth Avenue West, you would approve Consent Application B11 to B13-2026 by Barry's Construction and Installation Limited, subject to the conditions outlined.

00:20:27 Speaker 04: Thank you very much.

00:20:30 Speaker 01: Does the applicant or agent for B11 to B13-2026 have a presentation they wish to make?

00:20:36 Speaker 01: Seeing none.

00:20:40 Speaker 01: There's no public here.

00:20:43 Speaker 01: Are there any further questions or comments from the committee to the applicant or Secretary-Treasurer, Planning Division?

00:20:49 Speaker 01: No. Seeing none.

00:20:51 Speaker 01: Does any member of the committee wish to make a motion for applications B11-2026 to B13-2026?

00:21:03 Speaker 01: Through you, Chair.

00:21:04 Speaker 01: Are these being made together or separately?

00:21:08 Speaker 01: One motion will do it.

00:21:10 Speaker 01: Okay.

00:21:10 Speaker 01: Right.

00:21:16 Speaker 01: Okay.

00:21:17 Speaker 02: I'd like to make a motion to approve B11 to B13-2026, subject to the conditions.

00:21:31 Speaker 02: All those in favour.

00:21:33 Speaker 02: Aye.

00:21:33 Speaker 02: Motion is carried.

00:21:40 Speaker 02: Okay.

00:21:42 Speaker 01: Please be advised that there is a 20-day appeal period during which time the applicant, the Minister, or specified persons or public body that has an interest in the matter may appeal today's decision.

00:21:52 Speaker 01: During that appeal period, no building permit may be issued, or otherwise commenced.

00:21:57 Speaker 01: I now declare Public Hearing B11 to B13 to be concluded.

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

00:22:09 Speaker 01: There are no correspondence items being presented for information.

00:22:13 Speaker 01: No additional items were added at the beginning of the meeting, so we will move to Item 10, which is the next regular scheduled meeting for October 6, 2026.

00:22:24 Speaker 01: It is now 3:23.

00:22:28 Speaker 01: Sorry, 3:20.

00:22:29 Speaker 01: Yeah, 3.

00:22:30 Speaker 01: I now declare this meeting to be adjourned.