Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 25, 2022
CASE NO(S).: OLT-21-001660
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Iman Faraji
Subject: Minor Variance
Property Address/Description: 617 Vine Street
Variance from By-law: 2013-283
Municipality: City of St. Catharines
Municipal File No.: A-88/21
OLT Case No.: OLT-21-001660
OLT Lead Case No.: OLT-21-001660
OLT Case Name: Faraji v. St. Catharines (City)
Heard: April 27, 2022 by Video Hearing
APPEARANCES:
| Parties | Representative |
|---|---|
| Iman Faraji and Arghavan Modiri | Self-represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN AND M.A. SILLS ON APRIL 27, 2022 AND ORDER OF THE TRIBUNAL
1This was a hearing of the appeal by Iman Faraji and Arghavan Modiri (“Appellants”) from the refusal of the City of St. Catharines (“City”) Committee of Adjustment (“COA”) to authorize a Minor Variance (“MV”) application, which would permit a proposed basement accessory unit.
2The subject property is located on the west side of Vine Street, between Lakeshore Road and Parnell Road, and contains a detached one-storey dwelling. The subject property is known municipally as 617 Vine Street. The surrounding neighbourhood is low density residential, comprised primarily of detached dwellings.
3Vine Street is identified as an Arterial Road in the City’s Official Plan (Garden City Plan) (“GCP”) and a Main Residential Road in the City’s Transportation Master Plan.
4The subject property is designated Neighbourhood Residential on Schedule D1 of the GCP and further designated Low Density Residential on Schedule E3, and is zoned Low Density Residential – Suburban Neighbourhood (R1).
Request for Participant Status
5The Tribunal received a Request for Participant Status from Karen Doucet in advance of the hearing, and in granting that request, acknowledges and has considered the concerns raised in her Participant Statement.
The Development Proposal
6The Appellants propose to add a basement accessory unit to the home to be used as a rental. The Appellants are requesting an increase to the permitted floor area for an interior accessory dwelling unit in a detached dwelling.
7The requested MVs are required to facilitate the creation of the accessory dwelling unit:
To permit a maximum floor area of an interior accessory dwelling unit of 74.5 square metres (“sq m”), whereas 60 sq mis the maximum permitted;
To permit a maximum floor area of an interior accessory dwelling unit as a percentage of the floor area of the dwelling of 48.9%, whereas 40% is the maximum permitted.
8City’s Planning Staff provided a detailed report to the COA to support the application, and recommended that the application be approved.
Submissions by the Appellants
9The Appellants provided the Tribunal with oral and written presentations in support of their application. They informed the Tribunal that they would like to provide a larger livable area for their future tenants, whilst advancing the provincial policy objective of encouraging affordable housing by increasing the stock of rental housing.
10The Tribunal was presented with a chart by the Appellants that showed a list of over twenty other properties where owners had applied for a similar MV for an increase in the area of the accessory unit. Those variances ranged from 69.06 sq m to 113.8 sq m. for an average of 77.78 sq m. With the exception of the Appellant’s application, all of these MV applications were approved.
Analysis and Disposition
11The Tribunal, having reviewed the municipal staff planning report and considered the evidence of the Applicants, is satisfied that the application meets the criteria 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 an appropriate use of the property and represents good land use planning.
12The proposed dwelling supports the goals of intensification and encouraging affordable housing stock as set out in the Provincial Policy Statement 2020 (“PPS”) and conforms with the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”). The relief being sought by the application is minor and will not result in the creation of unacceptable adverse impacts on the neighbouring properties nor the subdivision. It is worthy of note that the variances do not result in any changes to the exterior floor plate of the dwelling.
13The Tribunal finds that the proposed development maintains the general intent and purpose of the GCP and the ZBL. The proposed secondary unit is a permitted use in the R1 Zone and the variance will permit the creation of affordable rental housing in an existing dwelling.
14The Tribunal finds the variances to be minor and technical in nature.
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 GCP supports and permits the creation of an accessory apartment unit within an existing detached dwelling. The approval of the minor variances will allow for the creation of a new residential unit, and is consistent with the Provincial and local policy objective of adding to the available housing supply and encouraging various forms of residential development through intensification.
ORDER
17The Tribunal Orders that the appeal is allowed and the variances to Zoning By-law No. 2013-283 are authorized.
“P. Tomilin”
P. TOMILIN
MEMBER
“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.