Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 29, 2021
CASE NO(S).: OLT-21-001073
PROCEEDING COMMENCED UNDER subsection 53 (19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Baxter Williams & Lynn Marchildon
Subject: Minor Variance
Property Address/Description: 16 (18 & 18B) Beckwith Road
Municipality: City of Ottawa
Municipal File No.: D08-02-21-00088 & D08-02-21-00089
OLT Case No.: OLT-21-001073 & OLT-21-001074
OLT File No.: OLT-21-001073
PROCEEDING COMMENCED UNDER subsection 45 (12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Baxter Williams & Lynn Marchildon
Subject: Minor Variance
Property Address/Description: 16 (18 & 18B) Beckwith Road
Variance from By-law: 2008 - 250
Municipality: City of Ottawa
Municipal File No.: D08-01-21-00069 & D08-01-21-00070
OLT Case No.: OLT-21-001075 & OLT-21-001076
OLT File No.: OLT-21-001073
Heard: November 10, 2021 by video hearing
APPEARANCES:
Parties
Baxter Williams and Lynn Marchildon
Counsel
Greg Meeds
MEMORANDUM OF ORAL DECISION DELIVERED BY R.G.M. MAKUCH ON NOVEMBER 10, 2021 AND ORDER OF THE TRIBUNAL
1Baxter Williams and Lynn Marchildon (“Applicants/Appellants”) made applications for the granting of consents to sever and the authorization of minor variances in order to subdivide the subject property known municipally as 16 Beckwith Road into two separate parcels of land. There is an existing three-storey dwelling, which is to remain on the westerly portion of the lot. They propose to demolish an existing garage and to construct a three-storey dwelling on the easterly portion. The application also seeks to create an easement/right-of-way to provide access to the rear yard and for the maintenance of roof projections on the existing dwelling on the westerly portion of the lot. The property has 21.34 metres (“m”) of frontage along Beckwith Road and an approximate depth of 28.7 m and an area of 608.2 square metres (“sq m”).
2The variances sought are as follows:
a) To permit a reduced easterly side yard setback of 0 metres on Part 1 on the Draft R-Plan, whereas the by-law requires that no side yard is to be less than 0.6 metres;
b) To permit the eaves to project to 0metres to a lot line, whereas the by-law states that eaves may project 1 metre, but no closer than 0.3 metres to a lot line; and
c) To permit a front facing garage on Parts 2 and 3 on the Draft R-Plan, whereas Sections 139(3)(b) and 140(8) of the by-law does not permit front-facing attached garages or carports where they do not reflect the dominant character as determined by a Streetscape Character Analysis.
3The applications were refused by the Committee of Adjustment resulting in these appeals.
4To succeed, an Applicant for authorization of variances must satisfy the Tribunal that the four tests set out under [s. 45 (1)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-