Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 05, 2024

CASE NO(S).: OLT-23-000950 OLT-23-000306

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

Applicant/Appellant: Ali Aleali and Oksana Zbyranyk Subject: Minor Variance Description: To permit the construction of a three-storey detached dwelling Reference Number: D08-02-23/A-00158 Property Address: 435 Echo Drive Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-23-000950 OLT Lead Case No.: OLT-23-000950 OLT Case Name: Aleali and Zbyranyk v. Ottawa (City)

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

Applicant/Appellant: Ali Aleali and Oksana Zbyranyk Subject: Minor Variance Description: To permit the construction of a three-storey detached dwelling Reference Number: D08-02-23/A-00036 Property Address: 435 Echo Drive Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-23-000306 OLT Lead Case No.: OLT-23-000306 OLT Case Name: Aleali and Zbyranyk v. Ottawa (City)

Heard: December 12, 2023 by video hearing

APPEARANCES:

Parties Ali Aleali and Oksana Zbyranyk (“Appellant”)

Counsel Greg Meeds Morgan McCartney

DECISION DELIVERED BY a. sauve AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1The purpose of the minor variance application is to permit the construction of a three-storey detached dwelling on the Subject Property located at 435 Echo Drive (the “Subject Property”) in the City of Ottawa (“City”). The Subject Property has a frontage of 9.14 meters along Echo Drive, a lot depth of 30.18 meters, and a lot area of 275.85 square meters. A two-storey detached dwelling is currently located on the Subject Property. A shared driveway is located to the north of the Subject Property which is shared with the neighbour to the north. Immediately to the south of the Subject Property is a low-rise apartment building. The Rideau Canal is also located within 300 meters.

2The Subject Property is zoned R4-UD in the City Zoning By-law No. 2008-250 (“ZBL”). The Subject Property is subject to the Mature Neighbourhoods Overlay of the ZBL. The Subject Property is within the Inner Urban Transect of the City Official Plan (“OP”) and is part of the Special District 3 – Rideau Canal.

3The Subject Property is primarily surrounded by low-rise residential uses. These neighbouring residential uses include a mix of dwelling types, including detached dwellings, semi-detached dwellings, townhouses, and low-rise apartment buildings. Most of these dwellings are between two and four storeys, with a number of three-storey buildings within the same block as the Subject Property.

4The Appellant had filed two separate applications with the City. The first application sought the following minor variances from ZBL:

a) To permit a reduced rear yard setback equal to 25.3% of lot depth (7.6 meters); whereas the By-law requires a minimum rear yard setback equal to 30% of lot depth (9.1 meters) (Section 144, Table 144A(iii)).

b) To permit an increased balcony projection of 2.2 meters; whereas the By-law permits a maximum balcony projection of 1.2 meters (Section 65, Table 65(6)(b)(ii)); and

c) To permit an increased total rooftop access area of 12.3 square meters; whereas the By-law permits a maximum total rooftop access area of 10.5 square meters (Section 55, Table 55(8)(d)(ii)).

5The Committee of Adjustment (“