Margot Linker

The appellant appealed the Committee of Adjustment's refusal to grant consents and minor variances to sever a residential property into two lots for the development of two 8-unit low-rise apartment buildings.

The Tribunal heard uncontested expert planning evidence that the proposal represents appropriate intensification, introduces missing middle housing, and meets the criteria for consent and the four tests for minor variances.

The Tribunal allowed the appeals, granting provisional consent and authorizing the variances.

The applicant appealed the City of Ottawa Committee of Adjustment's refusal of minor variances required to permit a nine-storey mixed-use building with 56 residential units and ground-floor commercial space.

The requested variances included a reduced rear yard setback for a parking ramp wall and an increase in maximum building height from 15 metres to 30.1 metres.

The Tribunal allowed the appeal and authorized the variances, accepting uncontested expert planning evidence that the proposal is consistent with the Provincial Planning Statement, supports residential intensification and affordable housing, and satisfies the four tests under section 45(1) of the Planning Act.

The applicant appealed a Committee of Adjustment decision refusing a minor variance to permit a change to the legal non-conforming use of an existing commercial building from an automobile service station to an equipment rental and repair business.

The Tribunal found that the legal non-conforming use had continued and evolved in accordance with the principles in Saint-Romuald, as the new use was similar in nature and did not involve heavy vehicles.

The Tribunal concluded that the use was appropriate for the area and that the City failed to demonstrate any undue adverse impacts.

The appeal was allowed and the continuation of the non-conforming use was authorized.

The applicant appealed the City of Ottawa Committee of Adjustment's refusal of a minor variance to permit a detached dwelling with an attached front-facing garage.

The subject property was subject to a Street Character Analysis where front-facing garages are generally not permitted.

The Ontario Land Tribunal allowed the appeal, finding that the proposed variance met the four tests under section 45(1) of the Planning Act.

The Tribunal accepted expert planning evidence that the proposal maintained the intent of the Official Plan and Zoning By-law, was desirable for the appropriate use of the land, and was minor in nature, noting that it would not adversely impact the streetscape and would preserve more soft landscaping than as-of-right alternatives.

A request for costs against the opposing community association was denied.

The applicant appealed the City of Ottawa Committee of Adjustment's refusal of minor variances required to convert an existing three-unit dwelling into a four-unit low-rise apartment.

The variances related to rear yard setback, rear yard area, interior side yard setbacks, front façade recess, and garbage container pathway.

The Tribunal accepted the uncontested expert planning evidence that the variances met the four tests under s. 45(1) of the Planning Act, being minor in nature, desirable for the appropriate development of the land, and maintaining the general intent and purpose of the Official Plan and Zoning By-law.

The appeal was allowed and the variances were authorized.

The appellant appealed the City of Ottawa Committee of Adjustment's decision to refuse one of four requested minor variances for a proposed 16-unit low-rise apartment building.

The refused variance sought a reduced rear yard setback.

The Ontario Land Tribunal heard unrefuted expert planning and architectural evidence supporting all four variances.

The Tribunal found that the requested variances, including the reduced rear yard setback, met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the City's Official Plan.

The appeal was allowed and all variances were authorized.