Committee of Adjustment / Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Panel: 1 - Urban
Application: Minor Variance under section 45 of the Planning Act
Owner/Applicant: Irja Elliot-Donaghue and YeyEun Hwang
Property Address: 103A Crichton Street
Ward: 13 – Rideau-Rockcliffe
Legal Description: Part of Lot 9, Registered Plan 17
Zoning: R4UD [900]
Zoning By-law: 2008-250
Hearing Date: November 1, 2023, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION:
1The Owners want to extend the existing covered portion and the uncovered portion of the existing deck.
REQUESTED VARIANCE:
2The Owners/Applicants require the Committee’s authorization for minor variances from the Zoning By-law as follows:
a) To permit a projection for a deck to be 0 metres from the rear lot line, whereas the By-Law permits a maximum projection of 2 metres, but no closer than 1 metre from any lot line.
b) To permit a reduced rear yard setback of 1.06 metres, whereas the By-Law requires a minimum rear setback of 4.5 metres.
PUBLIC HEARING:
3Applicant Irja Elliot-Donaghue was present.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
4The 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
5Evidence 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 cover letter, letter from Hydro Ottawa, plans, letter for tree information, photo of the posted sign, and a sign posting declaration.
- City Planning Report received October 26, 2023, with no concerns.
- Rideau Valley Conservation Authority email received October 25, 2023, with no concerns.
- Hydro Ottawa email received October 24, 2023, with no concerns.
- Building Code Services, Order to Remedy, received October 25, 2023, and email confirmation that the Order has been satisfied received October 31, 2023.
- Ministry of Transportation email received October 31, 2023, with no concerns.
Effect of Submissions on Decision
6The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
7Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
8The Committee notes that the City’s Planning Report raises “no concerns” regarding the application highlighting that “the proposed reduction to the rear yard setback will not result in a loss of softscaping” and that a “similar relationship to the rear yard exists with the adjacent neighbour, minimizing privacy impact”.
9The Committee also notes that no evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
10Considering 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.
11The 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 neighborhood.
12In addition, the Committee finds that the requested variances maintain the general intent and purpose of the Zoning By-law because the variances represent orderly development that is compatible with surrounding area.
13Moreover, 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.
14THE 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 September 19, 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 NOVEMBER 10, 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 NOVEMBER 30, 2023, 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