Riccardo D’Angelo v. City of Ottawa, 2021 CanLII 63289

Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 16, 2021

CASE NO(S).: PL210001

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Riccardo D’Angelo
Subject: Consent
Property Address/Description: 586 Churchill Avenue
Municipality: City of Ottawa
Municipality File No.: D08-01-20/B-00167
LPAT Case No.: PL210001
LPAT File No.: PL210001
LPAT Case Name: D’Angelo v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Riccardo D’Angelo
Subject: Consent
Property Address/Description: 586 Churchill Avenue
Municipality: City of Ottawa
Municipality File No.: D08-01-20/B-00228
LPAT Case No.: PL210001
LPAT File No.: PL210002

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Riccardo D’Angelo
Subject: Minor Variance
Variance from By-law No.: 2008-250
Property Address/Description: 586 Churchill Avenue
Municipality: City of Ottawa
Municipality File No.: D08-02-20/A-00163
LPAT Case No.: PL210001
LPAT File No.: PL210004

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Riccardo D’Angelo
Subject: Minor Variance
Variance from By-law No.: 2008-250
Property Address/Description: 586 Churchill Avenue
Municipality: City of Ottawa
Municipality File No.: D08-02-20/A-00162
LPAT Case No.: PL210001
LPAT File No.: PL210003

APPEARANCES:

Parties	Counsel
Riccardo D’Angelo	Krista Libman
City of Ottawa	In absentia

AMENDING DECISION OF THE TRIBUNAL DELIVERED BY M.A. SILLS

1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure (“Rule”), whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order (“Decision”). The Decision issued on July 13, 2021, is hereby amended as follows:

• To correct the counsel who represented Riccardo D’Angelo, from Ursula Melinz to Krista Libman in the Appearances section on page 1 of the Decision.
• The Tribunal under the authority of this Rule amends the Decision by adding a copy of the List of Conditions, received by the Tribunal on July 14, 2021, as requested by the City of Ottawa. The List of Conditions is now added as “Attachment 1” to this Decision.

2In all other respects, the Tribunal’s Decision remains the same.

“M.A. Sills”

M.A. SILLS VICE-CHAIR

Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.

PL210001 – Attachment 1

Conditions of Approval

1. That the Owner(s) provide evidence that payment has been made to the City of Ottawa for cash-in-lieu of the conveyance of land for park or other public recreational purposes, plus applicable appraisal costs. The value of land otherwise required to be conveyed shall be determined by the City of Ottawa in accordance with the provisions of By-Law No. 2009-95, as amended.

2. That the Owner(s) provide proof to the satisfaction of the General Manager of the Planning, Infrastructure and Economic Development Department, or his/her designate, to be confirmed in writing from the Department to the Committee, that the existing dwelling has been removed, that the existing sewer services are capped at the sewer and that the existing water service is blanked at the watermain.

3. That the Owner(s) provide evidence (servicing plan), to the satisfaction of the General Manager of the Planning, Infrastructure and Economic Development Department, or his/her designate, to be confirmed in writing from the Department to the Committee, that both the severed and retained parcels have their own independent water, sanitary and sewer connection, as appropriate, and that these services do not cross the proposed severance line and are connected directly to City infrastructure. If they do cross the proposed severance line, or they are not independent, the Owner(s) will be required to relocate or construct new services from the city sewers and/or watermain at his/her own costs.

4. That the Owner(s) shall provide evidence that a grading and drainage plan, prepared by a qualified Civil Engineer licensed in the Province of Ontario, an Ontario Land Surveyor or a Certified Engineering Technologist, has been submitted to the satisfaction of the General Manager of the Planning, Infrastructure and Economic Development Department, or his/her designate to be confirmed in writing from the Department to the Committee. The grading and drainage plan shall delineate existing and proposed grades for both the severed and retained properties, to the satisfaction of the General Manager of the Planning, Infrastructure and Economic Development Department, or his/her designate.

5. That the Owner(s) enter into a Joint Use, Maintenance and Common Elements Agreement, at the expense of the Owner(s), setting forth the obligations between the Owner(s) and the proposed future owners. The Joint Use, Maintenance and Common Elements Agreement shall set forth the joint use and maintenance of all common elements including, but not limited to, the common party walls, common structural elements such as roof, footings, soffits, foundations, common areas, common driveways and common landscaping.

The Owner shall ensure that the Agreement is binding upon all the unit owners and successors in title and shall be to the satisfaction of the City’s General Manager of the Planning, Infrastructure and Economic Development Department, or his/her designate, and City Legal Services. The Committee requires written confirmation that the Agreement is satisfactory to the City’s General Manager of the Planning, Infrastructure and Economic Development Department, or his/her designate, and is satisfactory to City Legal Services, as well as a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

6. That the Owner(s) provide evidence to the satisfaction of the General Manager of the Planning, Infrastructure and Economic Development Department, or his/her designate, to be confirmed in writing from the Department to the Committee, that the accessory structure has been demolished in accordance with the demolition permit, or relocated in conformity with the Zoning By-law.

7. That the Owner convey a 3 m x 3 m corner sight triangle located at the intersection of Churchill Ave and Avondale Ave to the City, with all costs to be borne by the Owner(s), to the satisfaction of the Surveys and Mapping Branch of the City. This area will be free of all structures, plantings, etc. and will allow a proper sighting distance for motorists when performing turning movements within the intersection. The Committee must receive written confirmation from City Legal Services that the transfer of the lands to the City has been registered.

8. The Owner(s) shall prepare a noise attenuation study (or noise and vibration attenuation study if applicable) in compliance with the City of Ottawa Environmental Noise Control Guidelines to the satisfaction of the General Manager, Planning, Infrastructure and Economic Development Department, or his/her designate. The Owner(s) shall enter into an agreement with the City that requires the Owner to implement any noise control (and vibration if applicable) attenuation measures recommended in the approved study. The Agreement will also deal with any covenants/notices recommended in the approved study, that shall be registered on the land title and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise (arterial, highway, airport, etc.). The Agreement shall be to the satisfaction of the General Manager, Planning, Infrastructure and Economic Development Department, or his/her designate. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

9. That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Applications for Consent.

10. That upon completion of the above conditions, and within the one-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for a Conveyances and Grants of Easements/Rights-of-Way for which the Consent is required.