Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 31, 2022
CASE NO(S).: OLT-21-001509
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Meet Kumar Patel
Subject: Minor Variance
Property Address/Description: 187 Ridge Road
Variance from By-law: 150-85
Municipality: City of Cambridge
Municipal File No.: A27/21
OLT Lead Case No.: OLT-21-001509
OLT Case No.: OLT-21-001509
OLT Case Name: Patel v. Cambridge (City)
Heard: February 7, 2022 by video hearing
APPEARANCES:
| Parties | Representative |
|---|---|
| Meetkumar Patel | Self-represented |
| City of Cambridge | Did not appear |
MEMORANDUM OF ORAL DECISION DELIVERED BY N.P. ROBINSON AND P. TOMILIN ON FEBRUARY 7, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Meetkumar Patel (“Applicant”) appeals the from the decision of the City of Cambridge (“City”) Committee of Adjustment (“COA”) refusing his application for a minor variance for the property located at 187 Ridge Road (“Subject Property”).
2The Applicant proposes to create a one-bedroom secondary dwelling unit in the basement of his existing home and requires the approval to permit a reduced lot area of approximately 352 square meters (m²) whereas the by-law requires a minimum of 450 m² for the accessory dwelling unit.
3The Subject Property is designated Low/Medium Density by the City’s Official Plan (“COP”) and is zoned Residential 6 (R6) by comprehensive Zoning By-law No. 150-85 (“ZBL”), as amended. The COP permits secondary dwelling units on all residentially zoned lands in the city.
4The ZBL permits a secondary dwelling unit as part of the primary dwelling or in an accessory building subject to regulations regarding lot sizes, lot frontage and parking (Schedule A). Section 1.1.1 of Schedule A of the ZBL provides the following definition:
Secondary dwelling unit, also known as a secondary suite or secondary residential unit: a separate dwelling unit containing bathroom and kitchen facilities that is subordinate to a legally existing residential structure.
5City of Cambridge Planning Staff provided a detailed report to the COA to support the recommendation that the application be approved subject to the proviso:
- That the accessory unit be substantially in keeping with the plans submitted with the minor variance application and is limited to one bedroom.
6The original application drawings illustrate two bedrooms in the basement and a side entrance. On March 7, 2022, the Applicant submitted new drawings illustrating the removal of a wall and the presence of only one bedroom in order to satisfy the proviso originally recommended by City Planning Staff.
7The COA provided the following reasons for refusing this application:
The Committee considered staff’s recommendation, and the applicant’s oral comments in relation to the application. The application is refused, as the Committee is of the opinion that the request to have an accessory unit with a lot of only 352 m² is not considered minor as it does not provide enough area for an accessory dwelling unit and does not meet two of the four tests. The Committee has been consistent within the R6 zone which has been further intensified, by reduced lot areas, reduced frontage, and reduced setbacks in an already high density neighbourhood. The over intensification does not represent good planning and results in undesirable health outcomes.
Submissions by the Applicant:
8The Applicant has provided the Tribunal with an oral presentation to support his application. The Applicant informed the Tribunal that his basement is underutilized and he would like to make use of this space by building a bachelor apartment. He further gave evidence that the proposed basement apartment would provide his family of four with additional income whilst advancing the provincial policy objective of encouraging affordable housing by increasing the stock of rental housing.
9At the close of the hearing, the Tribunal informed the Applicant that his appeal would be granted subject to the development being limited to a single bedroom as suggested by City Planning Staff.
Analysis and Disposition
10The Tribunal is satisfied that application meets the criteria of the tests set out at Section 45(1) of the Planning Act. The addition of the proposed secondary unit within the existing dwelling is a desirable and appropriate use of the property and represents good land use planning.
11The proposed dwelling supports the goals of intensification and encouraging affordable housing stock as elaborated on in the Provincial Policy Statement 2020 (“PPS”) and conforms with the Growth Plan. The relief being sought by the variance is minor and will not result in creation of adverse impacts on the neighbouring properties nor the subdivision.
12The Tribunal finds that the proposed development maintains the general intent and purpose of the COP and ZBL. The proposed secondary unit is a permitted use in the R-6 Zone and the variance will permit the creation of affordable rental housing in the existing dwelling.
13The Tribunal finds the variance to be technical and minor in nature. The lot area is a pre-existing condition.
14The Tribunal finds that the proposed variance will not create unacceptable adverse impact.
15Section 1.4.3 of the PPS states that planning authorities shall provide for an appropriate range and mix of housing options and densities. The importance of this policy is reinforced by the fact that the PPS further directs planning authorities to establish and implement “minimum targets for the provision of housing which is affordable to low and moderate income households and which aligns with applicable housing and homelessness plans”.
16The COP permits secondary dwelling units in all residential zones within the City, including the R6 Zone. Schedule A of the ZBL establishes the zoning provisions for secondary dwelling units.
17The point here is that both the COA as well as the Tribunal are bound by the planning policy directives of the Province of Ontario as implemented through the policies of the COP, both of which encourage and support secondary dwelling units as a form of the affordable housing.
18Thus, refusing this minor variance application would not comport with the policy directive of expanding affordable housing for low- and moderate-income households as well as encouraging various forms of residential intensification
19The Tribunal Orders that the appeal is allowed subject to the conditions that:
The basement unit is limited to one room (the bedroom) only.
The development be substantially in conformity with the drawing attached herein as Schedule “A”.
“N.P. Robinson”
N.P. ROBINSON
VICE-CHAIR
“P. Tomilin”
P. TOMILIN
MEMBER
Ontario Land Tribunal
Website: 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.