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: 13083764 Canada Inc.
Property Address: 395 Slater Street
Ward: 14 – Somerset
Legal Description: Part of Lot 14 (South Albert Street) and Part of Lots 12, 13 and 14 (North Slater Street), Plan 3922
Zoning: R5Q [242] S89-h
Zoning By-law: 2008-250
Hearing Date: November 15, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to construct a 35-floor mixed-use high-rise building with four levels of underground parking, as shown on plans files with the Committee.
REQUESTED VARIANCE
2The Owner/Applicant requires the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced tower separation distance of 13.6 metres between Area A and Area B/C, whereas the By-law requires a minimum tower separation distance between Area A and Area B/C of 15 metres.
PUBLIC HEARING
Oral Submissions Summary
3Jason Leblanc, Agent for the Applicant, confirmed that the requested reduced tower separation distance is corner to corner between the two buildings and not face to face. He further advised that construction had not started on Tower C.
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, plans, photo of the posted sign, and a sign posting declaration.
City Planning Report received November 9, 2023, with no concerns.
Rideau Valley Conservation Authority email received November 10, 2023, with no objections.
Hydro Ottawa email received November 8, 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 variance meets 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 variance sought relates to the separation distance between buildings within the same development project. Since the adjacent tower is encompassed within this multiphase development, the site design shows regard for the interface between these buildings.”
9The Committee also notes that no evidence was presented that the variance 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 variance is, 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 variance maintains 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 variance maintains 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 variance is 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 October 4, 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 24, 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 DECEMBER 14, 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