APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION

1The Owner wants to construct a three-storey low rise apartment building with a total of eight units. The existing dwelling will be demolished.

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 355.54 square metres, whereas the By-law requires a minimum lot area of 360 square metres.

b) To permit a reduced rear yard setback of 23.556% of the lot depth or 6.86 metres, whereas the By-Law requires a minimum rear yard setback of 30% of the lot depth or 8.75 metres.

c) To permit a reduced rear yard area of 23.513% of the lot area or 83.6 square metres, whereas the By-Law requires a minimum rear yard area of 25% of the lot area or 88.9 square metres.

PUBLIC HEARING

3Alison Stirling, Agent for the Applicant, was present.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED

Application(s) 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, revised site plan, 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 objections.
Hydro Ottawa email received October 24, 2023, with no objections.
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 proposal still provides adequate space for all necessary building elements.” The report also highlights that the proposal includes “unenclosed bicycle parking in the front yard; although this is zoning compliant, staff encourage the applicant to locate the bicycle parking internal to the main building or in the rear yard to better align with the Official Plan”.

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 neighbourhood.

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 site plan filed, Committee of Adjustment date stamped October 26, 2023, and the elevations filed, Committee of Adjustment date stamped September 27, 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.

Ce document est également offert en français.

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

Johnathan Huntingford Moore, 2023 CanLII 152374

Case Summary