Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 24, 2023
CASE NO(S).: OLT-21-001529
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Hajar Properties Inc
Subject: Minor Variance
Property Address/Description: 1081 Riverside Drive
Variance from By-law: Z.-1
Municipality: City of London
Municipal File No.: A.117/21
OLT Lead Case No.: OLT-21-001529
OLT Case No.: OLT-21-001529
OLT Case Name: Hajar Properties Inc v. London (City)
Heard: June 8, 2022 and July 28, 2022 by video hearing and August 5, 2022 in writing
APPEARANCES:
Parties
Counsel
Hajar Properties Inc.
Paula Lombardi
City of London
Vanetia R
DECISION DELIVERED BY S. MANN AND BITA M. RAJAEE AND ORDER OF THE TRIBUNAL
BACKGROUND
1Hajar Properties Inc. (“Applicant”) applied to the City of London’s (“City”) Committee of Adjustment (“CoA”) for minor variances from Zoning By-law No Z.-1, and specifically to the R3-2(14) site specific regulations contained therein (“ZBL”), to permit the retention of the driveway located at the front of 1081 Riverside Drive (“Subject Property”), fronting onto Riverside Drive (“Application”). The CoA denied the request on the grounds that the Application did not meet the requirements for minor variance under s. 45(12) of the Planning Act (“Act”).
2The variances sought are as follows (“Minor Variances”):
a. To permit one (1) front yard parking space whereas parking is only permitted in the interior and exterior side yards and rear yard; and,
b. To permit a driveway projection into the front yard of 4.0 metres (“m”) whereas 2.0 m is the maximum permitted.
3The Applicant appealed the CoA decision regarding the Application citing the historical use, favorable transportation reports, and neighbourhood support.
4The Subject Property is located at the northwest corner of Riverside Drive and Hyde Park Road and contains an existing two storey brick building constructed in 1932 as well as a detached shed in the rear yard.
5The Applicant purchased the Subject Property in 2018, when its use was that of a converted dwelling providing three dwelling units with parking fronting onto both Riverside Drive and Hyde Park Road. The driveway fronting onto Riverside Drive has been in its current location since in or around 1932.
6Prior to the Applicant’s purchase, the Subject Property contained a third unit dwelling, which the Applicant believes was constructed in the late 1970s or early 1980s, with no further construction or alteration since the original construction and none planned by the Applicant.
7The current land use of the Subject Property pursuant to the City of London Official Plan (“OP”) is low density residential. The surrounding land uses are also residential.
APPLICATION HISTORY
8In 2019, the Applicant submitted an application for a Zoning By-law Amendment to recognize the third unit within the existing dwelling. Municipal Council for the City adopted a site-specific zoning amendment, R3-2(14), to allow an additional unit at the Subject Property, legalizing the use of three (3) units (“2019 ZBA”). The 2019 ZBA included a series of provisions related to parking, including limits on where it can be located and setback requirements.
9Specifically, as a result of the 2019 ZBA, the ZBL now states:
7.4 SPECIAL PROVISIONS
R3-2(14) 1081 Riverside Drive
a) Regulations
i) Interior Side Yard Depth 1.3 metres (Minimum): (4.3 feet)
ii) Notwithstanding Section