Committee of Adjustment / Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Date of Decision: December 22, 2023
Panel: 1 - Urban
File No(s).: D08-02-23/A-00245
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s): Bramel Developments Inc.
Property Address: 41E and 41F Stirling Avenue
Ward: 15 – Kitchissippi
Legal Description: Part of Lot 25, Registered Plan 43
Zoning: R4UB
Zoning By-law: 2008-250
Hearing Date: December 13, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to construct a two-storey detached dwelling with an additional (secondary) dwelling unit, as shown on plans filed with the Committee.
REQUESTED VARIANCES
2The Owner/Applicant requires the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit a reduced lot area of 171 square metres, whereas the By-law requires a minimum lot area of 225 square metres.
b) To permit a reduced lot width of 5.77 metres, whereas the By-law requires a minimum lot width of 7.5 metres.
c) To permit a reduced interior side yard setback of 0.6 metres, whereas the By-law requires minimum side yard setbacks of 0.6 and 1.2 metres.
d) To permit an individual driveway, with a width of 2.6 metres, whereas the By-law does not permit an individual driveway on a lot with a minimum lot width of less than 6 metres.
e) To permit a parking space to be located partially under the principal building with a cantilever of 1.8 metres over the parking space, whereas the By-law requires that where a driveway is permitted a parking space may be located partially under the principal building provided the building does not cantilever more than 1.8 metres over the parking space.
PUBLIC HEARING
Oral Submissions Summary
3The Committee noted that, according to the Planning Report filed by City Planner Margot Linker, variance (e) is not required as the proposed cantilevered parking area complies with the Zoning By-law. The Committee heard from Konrad Gates, Agent for the Applicant, who confirmed that variance (e) should be deleted. The application was amended accordingly.
4Ms. Linker was also present.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test:
5The Committee has the power to authorize a minor variance from the provisions of the Zoning By-law if, in its opinion, the application meets all four requirements under subsection 45(1) of the Planning Act. It requires consideration of whether the variance is minor, is desirable for the appropriate development or use of the land, building or structure, and whether the general intent and purpose of the Official Plan and the Zoning By-law are maintained.
Evidence
6Evidence considered by the Committee included any oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
Application and supporting documents, including a cover letter, plans, a parcel register, a streetscape character analysis, tree information, a photo of the posted sign, and a sign posting declaration.
City Planning Report received November 11, 2023, requesting adjournment; received December 7, 2023, with no concerns.
Rideau Valley Conservation Authority email dated November 10, 2023, with no objections; dated December 7, 2023, with no objections.
Hydro Ottawa email dated November 11, 2023, with comments; dated December 6, 2023, with comments.
L. Hoad, Hintonburg Community Association, email dated November 14, 2023, with comments; dated December 12, 2023, with comments.
Effect of Submissions on Decision
7The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
8Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
9The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
10The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
11Considering the circumstances, the Committee finds that, because the proposal fits well in the area, the requested variances are, from a planning and public interest point of view, desirable for the appropriate development or use of the land, building or structure on the property, and relative to the neighbouring lands.
12The Committee also finds that the requested variances maintain the general intent and purpose of the Official Plan because the proposal respects the character of the neighbourhood.
13In addition, the Committee finds that the requested variances maintain the general intent and purpose of the Zoning By-law because the proposal represents orderly development on the property that is compatible with the surrounding area.
14Moreover, the Committee finds that the requested variances, both individually and cumulatively, are minor because they will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
15THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variances, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped November 16, 2023, as they relate to the requested variances.
“Ann M. Tremblay” ANN M. TREMBLAY CHAIR
“John Blatherwick” JOHN BLATHERWICK MEMBER
“Simon Coakeley” SIMON COAKELEY MEMBER
“Arto Keklikian” ARTO KEKLIKIAN MEMBER
“Sharon Lécuyer” SHARON LÉCUYER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated December 22, 2023
“Michel Bellemare” MICHEL BELLEMARE SECRETARY-TREASURER
NOTICE OF RIGHT TO APPEAL
To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form along with payment must be received by the Secretary-Treasurer of the Committee of Adjustment by January 11, 2024, delivered by email at cofa@ottawa.ca and/or by mail or courier to the following address:
Secretary-Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7
The Appeal Form is available on the OLT website at https://olt.gov.on.ca/. The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application. Payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the Appeal Form if you wish to pay by credit card. If you have any questions about the appeal process, please contact the Committee of Adjustment office by calling 613-580-2436 or by email at cofa@ottawa.ca.
Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.
There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.
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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436