Owen Sound Committee of Adjustment Meeting Transcript — June 24, 2025

00:03:17 Speaker 01: I will call this meeting to order.

00:03:19 Speaker 02: I'd like to welcome everyone to these hearings today.

00:03:22 Speaker 02: The Committee of Adjustment is appointed by Council to consider consent applications and applications for minor variances to the zoning bylaw.

00:03:32 Speaker 02: I'll get right in a minute.

00:03:34 Speaker 02: 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.

00:03:45 Speaker 02: Any applicant, agent, or member of the public wishing to address the committee for a specific application is reminded that representations are limited to 10 minutes per person.

00:03:55 Speaker 02: Are there any additional items from committee members or staff?

00:04:00 Speaker 02: Seeing none.

00:04:02 Speaker 02: Do any committee members have an interest arising from the minutes of the last meeting or listed on the agenda?

00:04:08 Speaker 02: If so, please state the general nature thereof.

00:04:11 Speaker 02: Seeing none.

00:04:12 Speaker 02: Do any committee members have any comments or a motion regarding the May 27, 2023?

00:04:17 Speaker 02: May twenty-seventh, 2025 minutes to be adopted today?

00:04:24 Speaker 02: Yes, Chair.

00:04:25 Speaker 03: I'd like to make a motion to accept the minutes of the May twenty-seventh meeting.

00:04:32 Speaker 03: Thank you.

00:04:32 Speaker 03: I'll call a vote.

00:04:33 Speaker 03: All those in favour.

00:04:36 Speaker 03: Thank you.

00:04:36 Speaker 03: The motion is carried.

00:04:39 Speaker 03: There are no correspondence items being presented for consideration.

00:04:43 Speaker 02: Please be advised that the Planning Act, Ontario, indicates that anyone other than the applicant or agent wishing to receive notice of the decision of the Committee of Adjustment,

00:04:52 Speaker 02: or an event that the committee defers its decision or notice for further proceedings respecting the application,

00:04:59 Speaker 02: 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 the council chambers.

00:05:10 Speaker 02: In addition, only the applicant, the member, or specified person or public body that is interested in the matter has the right to appeal the decision of the Committee of Adjustment within the defined appeal period.

00:05:23 Speaker 02: More information concerning how the appeal period decision of the committee to the Land Tribunal may be obtained from Committee Services Planning Division City Hall.

00:05:40 Speaker 02: The Committee of Adjustment today will consider two minor variance applications.

00:05:44 Speaker 02: One being a consent application scheduled under the Planning Act requires that public hearings be held before the Committee of Adjustment to decide whether to approve a consent or minor variance.

00:05:57 Speaker 02: 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,

00:06:08 Speaker 02: receive comments from the public and agencies before a decision is made.

00:06:14 Speaker 02: For each application, the Secretary will summarise the proposal and correspondents on file.

00:06:20 Speaker 02: Planning Division staff will provide any other information that is relevant to the application.

00:06:25 Speaker 02: From there, the applicant will be provided with the opportunity to make presentation, followed by question presentations from the public, either in favour or in opposition to the application.

00:06:39 Speaker 02: All questions should go through me, the Chair, and presentations are limited to a maximum of ten minutes.

00:06:46 Speaker 02: Committee members will then have the opportunity to question the applicant, Secretary-Treasurer, the planner, or anyone giving presentations.

00:06:54 Speaker 02: The application will then be considered by the committee.

00:06:58 Speaker 02: Will the Secretary-Treasurer please advise how, when, and to whom the notice of public hearings was circulated?

00:07:08 Speaker 04: Through you, Mr. Chair, notice for these applications was posted on the subject properties on Tuesday, June 10, 2025, being at least 14 days prior to the hearing.

00:07:18 Speaker 04: 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,

00:07:25 Speaker 04: and agencies likely to have an interest in the applications, as legislated.

00:07:30 Speaker 04: Included with each notice was a legal description of the subject property and a description of the purpose of the proposed consent or minor variance.

00:07:36 Speaker 04: The circulations were provided in accordance with the provisions of the Planning Act, R.S.O.

00:07:41 Speaker 04: 1990, Chapter P-13.

00:07:43 Speaker 02: I now declare this to be a public hearing for application A-092025.

00:07:50 Speaker 02: Ms. Penny, will you please summarise the application and any correspondence received to date?

00:08:00 Speaker 02: Thank you, Mr. Chair.

00:08:02 Speaker 04: This is a minor variance application that was put forward by Martin Webster on behalf of 133054 Ontario Inc. The official plan designation is Employment,

00:08:12 Speaker 04: and it is zoned as General Industrial with special provision 1498 and Hazard.

00:08:17 Speaker 04: The legal description of the lands is Range Eight EGR Part Park Lot Four Five Registered Plan 16R6691 Part One and Part Three Registered Plan 16R8583 Part Two, City of Owen Sound, County of Grey,

00:08:33 Speaker 04: and it is known municipally as 1548 20th Street East.

00:08:37 Speaker 04: The applicant is proposing to establish a self-storage facility on the subject lands.

00:08:41 Speaker 04: The proposed development comprises 11 buildings with an approximate total gross floor area of 4,999 square metres, as well as a parking and landscaped area.

00:08:51 Speaker 04: To facilitate the proposal, variances are requested to Section 5 general provisions respecting off-street parking stall requirements and number of required accessible stalls.

00:09:03 Speaker 04: In 2024, a severance B-01-2024 was conditionally approved for the lands, and at the time of this meeting, the conditions have not been fulfiled.

00:09:10 Speaker 04: Should the conditions of B-01-2024 be fulfiled, the development proposed by this application A-092025 would be located entirely on the retained parcel, and the severed parcel would remain vacant until a new development application was made.

00:09:23 Speaker 04: Comments have been received without objection from the City of Owen Sound Engineering and Public Works Department, Historic Saugeen Métis, County of Grey, and Grey-Sable Conservation Authority.

00:09:34 Speaker 04: Thank you, Ms. Pinner.

00:09:35 Speaker 02: Planning staff, will you please provide any additional information that may be relevant?

00:09:46 Speaker 02: Good afternoon, Committee and Chair.

00:09:50 Speaker 02: Thank you.

00:09:51 Speaker 05: This property, as the Secretary-Treasurer has just described, along with the comments, I'll just summarise the report and conditions.

00:09:59 Speaker 05: The property is located in the industrial park and is irregularly shaped, with frontage on both 20th Street East and 16th Avenue East.

00:10:07 Speaker 05: It's kind of an irregular T shape, which wraps around the lot, containing Gray Bruce Paint and Decor, also known as Benjamin Moore and Climbers Crush, that is at the corner.

00:10:18 Speaker 05: The self-storage facility is proposed on the north portion of the lot and would be accessed from 16th Avenue East.

00:10:24 Speaker 05: There are no plans known for the south portion of the property, which is divided from the north portion by a drainage channel; the applicant has requested a variance to the number of parking spaces required.

00:10:34 Speaker 05: The zoning bylaw provides minimum stall requirements for many common land uses, but cannot contemplate all possible uses in all categories.

00:10:42 Speaker 05: The only two industrial uses specifically considered in the zoning bylaw are warehouse or truck transit terminal.

00:10:50 Speaker 05: With respect to industries, leaving indoor storage to be considered.

00:10:55 Speaker 05: All other industrial uses—the committee might recall from a recent application a parking variance for storage units by U-Haul.

00:11:03 Speaker 05: It is important to note that the committee is not bound by precedent, as each site and proposal has its own set of unique circumstances.

00:11:11 Speaker 05: In this case, both are self-storage uses, and both offer drive aisles for customers to pull up to the individual storage units in addition to dedicated parking stalls.

00:11:20 Speaker 05: However, in this case, Building A contains both the office and 47 internally accessed units that you can't drive up to.

00:11:30 Speaker 05: Staff have reviewed the application against the policy context and the foretests of the minor variant of minor variants,

00:11:36 Speaker 05: noting that the required parking area is anticipated to be primarily used by customers for administrative visits to the office or for those accessing those storage units in Building A. Most storage units will be accessible

00:11:50 Speaker 05: from adjacent drive aisles.

00:11:52 Speaker 05: A slightly higher site-specific ratio at this location than was applied to U-Haul would help account for the storage units that do not have drive-up configuration.

00:12:01 Speaker 05: There is no impact anticipated from the parking variance to neighbouring properties.

00:12:05 Speaker 05: As discussed in the report, staff find a reduction in parking that can satisfy the provincial policy statement, the intent of the official plan and zoning bylaw,

00:12:13 Speaker 05: to be considered minor in nature and desirable for the development.

00:12:17 Speaker 05: But we do recommend that the variance be approved based on a ratio rather than a specific number.

00:12:23 Speaker 05: This would be more consistent with the zoning bylaw and allow the number of parking spaces to be required based on the actual buildings proposed at the time of site plan approval,

00:12:32 Speaker 05: rather than a conceptual design.

00:12:35 Speaker 05: So staff do recommend approval with the modified variance subject to the following conditions, and I'll just summarise them: that site plan approval be required;

00:12:46 Speaker 05: that a minimum of one electric vehicle parking and charging station is required, and this is to satisfy the official plan, which requires electric vehicle charging stations in new development,

00:12:57 Speaker 05: and was also a condition for U-Haul.

00:12:59 Speaker 05: That all parking areas, driveways, fire roads, and areas intended for vehicle access shall be constructed of a non-migrating hard surface material, and treated to prevent erosion and the raising of dust and loose particles.

00:13:13 Speaker 05: And this is recommended because the reduction in parking is in part related to the fact that customers are expected to drive up to their storage units rather than park and walk into them,

00:13:23 Speaker 05: and because of that existing drainage channel, to protect it from migration of material.

00:13:29 Speaker 05: And then the final condition recommended is just payment of the conservation authority review fee, which was overlooked at the time of the application.

00:13:38 Speaker 05: Happy to answer any questions.

00:13:41 Speaker 02: Thank you very much.

00:13:46 Speaker 02: Does the applicant for A-092025 have a presentation they wish to make?

00:13:50 Speaker 02: Seeing none, are there any questions or comments from the members or the public?

00:13:57 Speaker 02: I see none there.

00:13:58 Speaker 02: Are there any further questions or comments from the committee to the applicant, Secretary-Treasurer, Planning Division staff, or any person who has made a presentation?

00:14:10 Speaker 02: Seeing none.

00:14:11 Speaker 02: Oh, yes, we have one.

00:14:14 Speaker 06: Just a quick question to know for future: for the draft conditions of approval, what does the electric vehicle parking and charging station have to be like—level one, two,

00:14:25 Speaker 06: or three—or is it up to the developer?

00:14:30 Speaker 05: Through you, Chair, it's at this point in time it's not specified.

00:14:35 Speaker 05: We're looking at an update to the official plan and zoning bylaw and incorporating that right into the zoning bylaw, so it might come more specific at that time.

00:14:47 Speaker 05: Thank you.

00:14:53 Speaker 02: Does any member of the committee wish to make a motion for application A-092025?

00:14:59 Speaker 02: Thank you.

00:15:03 Speaker 06: I'd like to make a motion to accept application A-092025 as presented with the conditions of approval.

00:15:12 Speaker 06: Thank you.

00:15:13 Speaker 06: I will call the vote.

00:15:14 Speaker 06: All those in favour.

00:15:20 Speaker 06: Aye.

00:15:20 Speaker 06: The motion is carried.

00:15:22 Speaker 02: Please be advised that there is a twenty-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 to today's decision.

00:15:33 Speaker 02: During this appeal period, no building permit may be issued or other work commenced.

00:15:38 Speaker 02: I now declare public hearing for A-09-22 to be concluded.

00:15:43 Speaker 02: The applicant may leave the meeting.

00:15:45 Speaker 02: Those who wish to do so, which there is one.

00:15:46 Speaker 02: I now declare this to be a public hearing.

00:15:52 Speaker 02: Application file number A-10-25.

00:15:54 Speaker 02: I now declare this to be a public hearing for application A-10-25.

00:16:02 Speaker 02: This panel, will you please summarise the application and any correspondence received to date?

00:16:09 Speaker 02: Thank you, Mr. Chair.

00:16:10 Speaker 04: This is a minor variance application that was put forth by McCarroll and McCarroll on behalf of Hindman.

00:16:15 Speaker 04: The official plan designation is residential, and it is zoned as medium density residential R-4.

00:16:20 Speaker 04: The legal description of the lands is Plan 17 West, Part Lot 17 West, Part Lot 8, City of Owen Sound, County of Grey, and it is known municipally as 863 Fifth Avenue West.

00:16:30 Speaker 04: Comments have been received without objection from the city's engineering and public works department, historic zoning committee, and the County of Grey.

00:16:38 Speaker 04: County of Gray.

00:16:39 Speaker 04: I'm sorry.

00:16:40 Speaker 04: Forgive me.

00:16:40 Speaker 04: My notes are incomplete here.

00:16:43 Speaker 04: Margaret, do you have the purpose and effect, or should I pull it up here?

00:16:47 Speaker 04: I will defer to the planner to read the purpose and effect.

00:16:49 Speaker 04: Thank you.

00:17:38 Speaker 04: I found my way, if I may.

00:17:40 Speaker 04: I apologize for the delay there.

00:17:42 Speaker 04: So, the applicant in this minor variance is proposing to sever the subject lands to create one new residential lot, and the applicant is proposing to maintain the existing single detached dwelling and garage.

00:17:52 Speaker 04: To facilitate that consent application, which we'll speak to next, a minor variance is being requested to address the following deficiencies related to the existing building on the proposed, and rather on the retained lot.

00:18:05 Speaker 04: So the retained parcel currently has a minimum front yard setback required of 6.5 metres.

00:18:11 Speaker 04: The applicant is proposing 1.64 metres for a variance of 4.86 metres.

00:18:17 Speaker 04: Regarding maximum lot coverage for accessory buildings or structures, the requirement in the R-4 zoning is 12%.

00:18:24 Speaker 04: The applicant is proposing 14%, which is a variance of 2%.

00:18:30 Speaker 02: Thank you very much, Planning Staff.

00:18:32 Speaker 02: Will you please provide any additional information that may be relevant?

00:18:36 Speaker 02: Yes, through you, Chair.

00:18:38 Speaker 02: Thank you, Allison.

00:18:39 Speaker 02: You're faster than me.

00:18:41 Speaker 05: With respect to the description, again, the Secretary of Treasury has already provided that these subject lands are located just north of Hillcrest School, mid-block on the east side of Fifth Avenue West.

00:18:53 Speaker 05: The lands contain an existing single-detached dwelling and detached garage situated on the north half of the lot.

00:18:59 Speaker 05: A large garden exists on the south half of the property, and staff have confirmed the garden shed that's visible on the air photo attached to the agenda is no longer there.

00:19:08 Speaker 05: The applicants proposed to sever the lot to create one new residential lot, and the existing dwelling and detached garage would be on the retained lot.

00:19:17 Speaker 05: The two variances requested to provide a reduced front yard setback to the existing dwelling represent no change to the proposed existing dwelling.

00:19:26 Speaker 05: It's already situated closer to the front lot than zoning would permit.

00:19:30 Speaker 05: This variance is not related to the new lot line, but will legitimize an existing situation for the future.

00:19:36 Speaker 05: The second variance is requested to increase the maximum permitted lot coverage for accessory buildings and structures relating to the existing detached garage.

00:19:46 Speaker 05: Since the overall lot size will be reduced by the severance, a greater percentage of the retained lot is covered by the detached garage.

00:19:53 Speaker 05: Again, no change is proposed to the detached garage as a result of this variance.

00:19:58 Speaker 05: The maximum permitted coverage for all buildings and structures, including the dwelling itself and the garage combined on the lot, is not exceeded.

00:20:07 Speaker 05: This means that if the house were larger and the garage smaller, the same amount of overall lot coverage could exist without a variance being required.

00:20:16 Speaker 05: 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 PPS,

00:20:25 Speaker 05: that it conforms to the intent of the official plan and zoning bylaw is minor in nature and desirable for the development and use of the lands.

00:20:32 Speaker 05: Noting that the single detached dwellings are permitted, and the request will provide for the existing house to remain in compliance with zoning even after the proposed new lot is created,

00:20:43 Speaker 05: and the proposal will allow for orderly infill development in an existing residential area with access to full municipal services.

00:20:50 Speaker 05: Staff recommend approval subject to two conditions that I'll just summarise: that approval of the consent application is obtained, and that the minor variance applies only to existing buildings.

00:21:00 Speaker 05: And any future addition or new buildings would be required to comply with the zoning in effect at the time.

00:21:09 Speaker 05: Thank you very much.

00:21:11 Speaker 02: Does the applicant or agent for A-10-25 have presentations they wish to make?

00:21:18 Speaker 02: When you turn the mic for her, could you state your name and where you're from, please?

00:21:24 Speaker 02: Good afternoon, Mr. Chair.

00:21:26 Speaker 02: My name is Mary McCarroll.

00:21:27 Speaker 07: I am the solicitor for the applicants, Beverly and Gladys Hyman.

00:21:32 Speaker 07: I can indicate I've had discussions with Ms. Potter, and they've been quite helpful.

00:21:39 Speaker 07: The reports are quite thorough, and I would indicate in fairly and accurately set forth the situation.

00:21:46 Speaker 07: Currently, the residences in this area, but for the area, but for this one, essentially occupy the one portion of the lot, and this will simply be infilling.

00:22:02 Speaker 07: The reason for the minor variance is this property was constructed years ago prior to zoning bylaws, and constitutes currently a legal nonconforming use.

00:22:13 Speaker 07: With the proposed severance, in the event it's granted, this property has to comply with the current bylaw and quite simply can't.

00:22:22 Speaker 07: The only way it could comply would be if the porch was taken down and part of the garage ripped off.

00:22:29 Speaker 07: As a practical matter, the front wall it encroaches into the required yard setback.

00:22:36 Speaker 07: It is consistent with the other homes in the neighbourhood.

00:22:39 Speaker 07: It's not a one-off, and you can see that from the site plan that's provided.

00:22:46 Speaker 07: And it is as far as the severance that's being requested, a requirement of that proceeding in order to have the minor variance, so that the existing property will comply under the current terms.

00:23:00 Speaker 07: I'm available for any questions that any committee member may have.

00:23:20 Speaker 07: I've reviewed the proposed draft conditions of approval, and they are acceptable to Mr. and Mrs. Heimann.

00:23:30 Speaker 07: We have one question.

00:23:37 Speaker 06: Just I, just from looking at added and all that kind of stuff, and maybe this is just a question for the severance and all that.

00:23:43 Speaker 06: But with the existing like fence that's on the property and all that kind of stuff.

00:23:48 Speaker 06: Does I kind of see it weird, hear where the line is, but does that impact at all with separation or anything like that?

00:23:59 Speaker 02: I shouldn't imagine it would interfere with any separation.

00:24:04 Speaker 02: Thank you, thank you, Mary.

00:24:07 Speaker 02: Are there any questions or comments from members of the public scene on here?

00:24:13 Speaker 02: If so, are there any further questions or comments from the committee to the applicant, Second Treasurer Planning Division, or any person who made a presentation?

00:24:23 Speaker 02: Seeing none.

00:24:28 Speaker 02: Does any member of the committee wish to make a motion for application A-10-2025?

00:24:33 Speaker 02: Yes, Chair.

00:24:36 Speaker 03: I'd like to make a motion for approval of A-10-2025 subject to the conditions.

00:24:47 Speaker 03: Thank you.

00:24:47 Speaker 03: I'll call a vote.

00:24:48 Speaker 03: All those in favour.

00:24:49 Speaker 03: The motion is carried.

00:24:54 Speaker 02: Please be advised there is a 20-day appeal period during which time the applicant, the minister, or specified person or public body that has an interest in the matter may appeal today's decision.

00:25:05 Speaker 02: During this appeal period, no building permit may be issued or other work commenced.

00:25:10 Speaker 02: I will now declare public hearing concluded for A-10-2025.

00:25:15 Speaker 02: The applicant may leave the meeting now if they wish to do so.

00:25:22 Speaker 02: I now declare this to be a public hearing for B-12-2025.

00:25:27 Speaker 02: Miss Pena, would you please summarise the application and correspondence received to date?

00:25:33 Speaker 02: Thank you, Mr. Chair.

00:25:35 Speaker 04: This is a consent application that follows on from the minor variance just granted.

00:25:39 Speaker 04: So again, this is an application put forward by McCarroll and McCarroll on behalf of Heineman.

00:25:43 Speaker 04: The official plan designation is residential, and it is zoned as medium density residential R4.

00:25:48 Speaker 04: The legal description of the lands is Plan 17, Part Lot 17 West, Part Lot 18, City of Owen Sound, County of Grey, and it is known municipally as 863 Fifth Avenue West.

00:26:00 Speaker 04: The applicant is proposing to sever the subject lands to create one new residential lot.

00:26:04 Speaker 04: The retained lot is proposed to have approximately 16 metres of frontage on Fifth Avenue West, 32.8 metres of depth, and 525 square metres of lot area, and contains an existing single detached dwelling and garage.

00:26:18 Speaker 04: The vacant severed lot is proposed to have approximately 16 metres of frontage on Fifth Avenue West, 32.8 metres of depth, and 525 square metres of lot area.

00:26:29 Speaker 04: To facilitate the consent, the minor variance we just considered was required.

00:26:35 Speaker 04: Comments have been received without objection from the city's engineer.

00:26:35 Speaker 04: Without objection from the city's engineering and public works department, Historic Saugeen-Shingwauk Nation, County of Grey, and Grey-Sable Conservation Authority.

00:26:46 Speaker 04: Thank you.

00:26:47 Speaker 02: Planning staff, would you please provide any comments or additional information that might be relevant?

00:26:55 Speaker 02: Thank you.

00:26:56 Speaker 05: The Secretary Treasurer has described the application and comments received, and the location has already been discussed.

00:27:02 Speaker 05: In much summary,

00:27:04 Speaker 05: the proposed severance to create one new residential lot while maintaining an existing residence on the retained lot is found to be consistent with the direction of the provincial policy statement and conforms to the official

00:27:15 Speaker 05: plan.

00:27:16 Speaker 05: It represents infill in a residential area on an open and maintained public street with full municipal services available, satisfying the locational and other criteria of the city official plan.

00:27:27 Speaker 05: And subject to the minor variance that was just heard, both the severed and retained lots will comply with zoning.

00:27:32 Speaker 05: Staff recommend approval subject to 13 conditions, and I do have some notes on some of them.

00:27:38 Speaker 05: The conditions are mostly standard, so I will summarise those except those that changed.

00:27:42 Speaker 05: The first is that deeds are provided for stamping.

00:27:47 Speaker 05: The second, which was also labelled number one inadvertently in the agenda, is that the applicant provide notification or be notified that development charges will be required at the time of any future building permit issuance.

00:28:03 Speaker 05: The third condition I recommend modifying from what was provided in the agenda.

00:28:08 Speaker 05: So I'll read what I think it should say, which is that a survey prepared by a qualified land surveyor be provided, confirming the actual lot configuration corresponds with the intent of the consent application,

00:28:22 Speaker 05: and that proper setbacks have been provided in accordance with the city's zoning bylaw, to the satisfaction of the Community Services Department Planning Division.

00:28:29 Speaker 05: That change omits the line showing the foundations of the proposed structures, since the lot is adequately sized and will be sold as a vacant lot.

00:28:39 Speaker 05: The other conditions, in summary, would demonstrate compliance with the city's zoning bylaw, and that being fulfiled by either approval of the minor variance just heard or needing to modify the existing buildings, which,

00:28:54 Speaker 05: since the variance was approved, will not be required.

00:28:57 Speaker 05: That cash and move parkland be provided.

00:28:58 Speaker 05: That be provided confirmation that the taxes are paid in full, a grading and drainage plan and servicing plan, making sure there's no conflict between the existing and proposed lots.

00:29:11 Speaker 05: The frontage charges for watermain be provided, as well as for wastewater, sidewalk and urban roadway, and confirmation that engineering review fees have been paid.

00:29:22 Speaker 05: Thank you very much.

00:29:23 Speaker 02: Does the applicant, Eurasian for B-12-2025, have a presentation they wish to make?

00:29:33 Speaker 07: Thank you, Mr. Chair, committee members.

00:29:36 Speaker 07: With respect to the proposal, this is the proposal for the actual severance.

00:29:41 Speaker 07: And as Ms. Potter has indicated, the draft conditions, her number three, we support the requested amendment to remove the requirement of the foundation as it's being sold as a vacant building lot,

00:29:58 Speaker 07: and while an envelope obviously will need to comply with the current zoning bylaw, it's not anticipated that the current owners would be applying for that building permit.

00:30:10 Speaker 07: Subject to that, I can indicate I have reviewed the draft conditions with the Heiman; they are satisfied with them, and I respectfully request that the application be granted.

00:30:21 Speaker 07: Are there any questions?

00:30:28 Speaker 07: Thank you.

00:30:48 Speaker 07: Sorry, put that back on again.

00:30:49 Speaker 02: Are there any further questions or comments from the committee to the applicant, Secretary Treasurer Planning Division, or any persons that have made a presentation?

00:30:58 Speaker 02: Seeing none, we'll move on.

00:31:00 Speaker 02: Does any member of the committee wish to make a motion for application B-12-2025?

00:31:13 Speaker 03: Yes, Chair.

00:31:15 Speaker 03: I'd like to make a motion to accept application B-12-2025 for 863 Fifth Avenue West, subject to the amended conditions.

00:31:29 Speaker 03: Thank you very much.

00:31:30 Speaker 03: I will call the vote.

00:31:31 Speaker 03: All those in favour?

00:31:33 Speaker 03: Aye.

00:31:35 Speaker 03: The motion is carried.

00:31:37 Speaker 02: Please be advised that there is a twenty-day appeal period during which time the applicant, the minister, or specified persons or public body has an interest in the matter may appeal today's decision.

00:31:47 Speaker 02: During the appeal period, no building permit may be issued or any work commenced.

00:31:54 Speaker 02: I now declare the public hearing for B-25-025 to be concluded.

00:32:00 Speaker 02: The applicant may leave if they wish to do so.

00:32:04 Speaker 02: Thank you, Mary.

00:32:13 Speaker 02: Okay, Miss Roberts, would you please introduce report C-25-070?

00:32:19 Speaker 02: Use report CS-25-070.

00:32:24 Speaker 02: Thank you, through you, Chair.

00:32:25 Speaker 02: I'm assuming you can hear me.

00:32:31 Speaker 02: Yes, thank you.

00:32:32 Speaker 02: Okay, sorry about that.

00:32:33 Speaker 02: Okay, thank you.

00:32:35 Speaker 08: This is a request for a certificate of cancellation, which is something the Committee has not seen before, and it is coming to us now because of recent changes to the Planning Act.

00:32:46 Speaker 08: But the property owner's lawyer has submitted a request for a certificate of cancellation to facilitate a lot addition to 1875 16th Street East or 16th Avenue East.

00:32:57 Speaker 08: Section 53.45 of the Planning Act allows the owner to request a certificate of cancellation to a previous consent, and basically the certificate would provide that subsection 51.2 of the Planning Act, as amended,

00:33:11 Speaker 08: does not apply to subject lands.

00:33:14 Speaker 08: The result of the certificate would allow for the merging of the subject lands with an adjacent parcel of land.

00:33:20 Speaker 08: So this parcel of land was subject to a consent application in 2013, I believe, and the Planning Act basically facilitates that once a consent is granted, the lot is forever conveyable as a separate parcel.

00:33:39 Speaker 08: What that also means is that a lot addition will not stick or merge with that severed parcel, and so the certificate basically says that that certain section of the Planning Act does not apply anymore,

00:33:53 Speaker 08: and that the merger of the lands can happen.

00:33:57 Speaker 08: This certificate that's been requested will enable the fulfilment of a condition of approval for consent application B-25-025, which was a staff-delegated approval under D-25-010, which is attached to this report for your information.

00:34:15 Speaker 08: The cancellation or the cancellation certificate does not affect any planning issues.

00:34:19 Speaker 08: That is, there are no Official Plan or zoning bylaw policies that are impacted by the certificate, and the Planning Act does not have any notice requirements in regards to the certificate.

00:34:30 Speaker 08: So, the staff recommendation is that, in consideration of staff report CS-25-070 respecting a request for certificate cancellation for 1875 Sixteenth Avenue East,

00:34:43 Speaker 08: the Committee of Adjustment approves the issuance of a certificate of cancellation for the lands municipally known as 1875 Sixteenth Avenue East.

00:34:52 Speaker 08: Thank you.

00:34:55 Speaker 08: Thank you very much.

00:34:57 Speaker 02: Does any member of the Committee have any questions about the report?

00:35:05 Speaker 02: Seeing none, does any member of the Committee wish to make a motion for report CS-25-070?

00:35:16 Speaker 06: I'd like to make a motion to approve report CS-25-070 as presented.

00:35:25 Speaker 06: I'll call the vote.

00:35:26 Speaker 06: All those in favour?

00:35:29 Speaker 06: All in favour.

00:35:30 Speaker 06: The motion is carried.

00:35:33 Speaker 02: Miss Pena, would you please introduce report CR-25-085?

00:35:42 Speaker 04: Thank you, and through you, Mr. Chair, the Planning Act requires that a Secretary-Treasurer be appointed to the Committee of Adjustment.

00:35:49 Speaker 04: Due to staffing changes, the appointment of a new Secretary-Treasurer is required.

00:35:56 Speaker 04: That was short and sweet.

00:35:57 Speaker 04: Okay.

00:35:59 Speaker 02: Does any member of the Committee have any questions about the report?

00:36:08 Speaker 02: Seeing none.

00:36:08 Speaker 02: Does any member of the Committee wish to make a motion for report CR-25-085?

00:36:19 Speaker 06: I'd like to make a motion to approve report CR-25-085 as presented.

00:36:24 Speaker 06: Vote.

00:36:27 Speaker 06: I will call the vote.

00:36:28 Speaker 06: All those in favour.

00:36:29 Speaker 06: The motion is carried.

00:36:37 Speaker 02: Application file number B-25-025 were deemed to be undisputed consent and received staff delegation approval.

00:36:45 Speaker 02: Planning staff, will you please provide any necessary information about the application at this time?

00:36:53 Speaker 02: Thank you, through you, Chair.

00:36:57 Speaker 08: The Planning Act and the City's Committee of Adjustment Bylaw allow municipal staff the opportunity to approve undisputed consent applications without having to go through a Committee of Adjustment hearing.

00:37:06 Speaker 08: Undisputed consent would be considered a consent that is technical in nature and meets the following criteria: the application is recommended for approval with or without conditions by city staff;

00:37:16 Speaker 08: the application has no unresolved objections or concerns raised during the commenting period from agencies or the public;

00:37:22 Speaker 08: and the application does not necessitate a minor variance or amendment to the City zoning bylaw enforced at the time of the application.

00:37:30 Speaker 08: So staff have found that this application meets those requirements, and have basically provided a staff-delegated approval of the consent.

00:37:43 Speaker 08: And it's provided on today's agenda for information purposes.

00:37:50 Speaker 08: Thank you.

00:37:51 Speaker 08: Thank you very much.

00:37:54 Speaker 08: No additional information.

00:37:56 Speaker 02: No additional business was added at the beginning of the meeting, so we'll move to item ten.

00:38:03 Speaker 02: Sorry, I mean eleven.

00:38:06 Speaker 02: Next regular meeting scheduled is July 22, 2025.

00:38:15 Speaker 02: It is now 3:35 p.m.

00:38:19 Speaker 02: I declare this meeting to be adjourned.