James Colizza

The applicant appealed the Committee of Adjustment's refusal of consent to sever and minor variances required to create a new lot for a long semi-detached dwelling and establish a parking easement.

The Ontario Land Tribunal allowed the appeals, finding that the proposed severance had regard for the criteria in s. 51(24) of the Planning Act and the variances met the four tests under s. 45(1).

The Tribunal noted the development represented appropriate infill intensification in a transit-friendly area and was consistent with the Provincial Policy Statement and the City of Ottawa Official Plan.

The appellants appealed the City of Ottawa Committee of Adjustment's refusal of their applications for consent to sever a property and for associated minor variances to permit the construction of a new single-family dwelling while retaining the existing dwelling.

The City did not appear to oppose the appeal.

The Tribunal heard uncontradicted expert evidence in architecture, urban design, and land use planning that the proposed development was a better fit for the neighbourhood than the larger as-of-right semi-detached building permitted by the zoning.

The Tribunal found that the consent applications had due regard for provincial interests and met the statutory criteria, and that the variances satisfied the four-part test under the Planning Act.

The appeal was allowed, provisional consent was granted subject to conditions, and the variances were authorized.