GUELPH — On November 14, 2024, the Committee of Adjustment deferred minor variance application A-37/23 for 5 Nicholas Way.
According to the Committee’s policy, the application will be considered withdrawn if it is not addressed within 12 months of the deferral.
The applicant will also be required to pay the deferral fee prior to any reconsideration of the application.
The Committee deferred the application at the request of staff to provide Terra View Custom Homes Ltd. with additional time to review and address potential variances that may be required for the proposed development.
Terra View Custom Homes Ltd. has submitted an application for a residential development at 5 Nicholas Way, which is part of the NiMa Trails subdivision approved in 2016.
The site encompasses approximately 2,930.82 square metres and is proposed to accommodate a mid-rise building with 29 townhouses or multi-unit dwellings.
The property is zoned RL.3-4 under the City of Guelph’s Zoning By-law, a designation that applies to Low-Density Residential areas. The applicant is not seeking a zone change but has requested several variances to accommodate the proposed density and design.
The development’s design has been influenced by the irregular shape and topography of the lot, which slopes significantly towards the northwest side of the property.
Examples of the proposed variances include but are not limited to:
●Zoning regulations mandate 43 parking spaces, calculated at 1.5 spaces per unit for the first 20 units and 1.25 spaces per unit for any additional units. However, the proposal includes only 40 parking spaces, reflecting a 10 percent reduction.
●Additionally, parking is proposed within the exterior side yard, situated only 1.1 metres from Shakespeare Drive instead of the required three metres.
●The zoning by-law requires a 45-degree angular plane for transitions to adjacent low-density residential zones and natural areas to limit overshadowing and protect privacy. However, the proposed building exceeds this standard, with angular planes reaching up to 72.73 degrees along the northern boundary adjacent to NHS-zoned lands and up to 68.34 degrees near low-density residential areas.
●Due to the irregular shape of the lot, setbacks range from 3 metres to 5.58 metres for the front, rear, exterior, and interior boundaries. While some setbacks comply with zoning requirements, others do not.
Terra View Custom Homes Ltd. has stated that these variances are necessary to achieve the housing density target of 125 units per 1.1 hectares outlined in the 2016 Draft Plan of Subdivision.
The deferral will provide the applicant with additional time to address these complexities and discuss any further variances that may be required to move the project forward.
To read more articles on this specific development, click here.
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