Elizabeth King

The appellant appealed the City of Ottawa Committee of Adjustment's refusal of an application for minor variances to legalize five accessory structures, including sheds, a hot tub, and a play structure.

While the City did not contest nine of the variances, it opposed the height and setback variances for the play structure, citing privacy and safety concerns.

The Ontario Land Tribunal allowed the appeal and authorized all variances, finding that the play structure's minor height deviation maintained the intent of the Zoning By-law, was desirable for recreational use, and would not create unacceptable adverse impacts on neighbouring properties.

The City of Ottawa appealed a Committee of Adjustment decision that granted an applicant's request to amend a condition of a provisional consent for a land severance.

The condition related to demonstrating adequate water quality for the proposed lots.

The applicant sought to amend the condition to allow for a minor sodium aesthetic exceedance that would be treated with an in-home reverse osmosis system.

The City argued the exceedance violated its guidelines and Official Plan.

The Tribunal dismissed the appeal, finding that the guidelines were non-statutory interpretive tools, the health parameters were met, and the amendment conformed to the Official Plan and was consistent with the Provincial Planning Statement.

The appellant appealed the Committee of Adjustment's denial of an application under s. 45(2)(a)(i) of the Planning Act to enlarge an existing legally non-conforming building.

The proposal involved demolishing two century-old semi-detached dwellings in the Rockcliffe Park Heritage Conservation District and reconstructing two larger semi-detached dwellings.

The Tribunal found that the existing dwellings, although uninhabitable, remained structurally intact from the public realm and thus maintained their legally non-conforming use status.

Applying the Fraser Test, the Tribunal concluded the enlargement was desirable for the appropriate development of the lands and would not cause undue adverse impacts on the neighbourhood.

The Tribunal allowed the appeal and granted the requested permissions.