Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE/PERMISSION
Date of Decision: October 13, 2023
Panel: 1 - Urban
File No(s).: D08-02-23/A-00208
Application: Permission under section 45 of the Planning Act
Owner(s)/Applicant(s): JBPA Developments
Property Address: 107 Pretoria Avenue
Ward: 17 – Capital
Legal Description: Lot 47, Registered plan 35403
Zoning: R4UD
Zoning By-law: 2008-250
Hearing Date: October 4, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to construct a third storey addition at the rear of its existing two- storey office building, as shown on plans filed with the Committee.
REQUESTED PERMISSION
2The Owner requires the Permission of the Committee to expand a legal non- conforming office use in the R4UD zone, to permit the construction of a third storey addition.
PUBLIC HEARING
3The Panel Chair administered an oath to Scott Alain, Agent for the Applicant, who confirmed that the statutory notice posting requirements were satisfied.
Oral Submissions Summary
4Mr. Alain provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request. Mr. Alain also responded to questions from the Committee regarding the design of the rooftop terrace, stating that it would be setback from the front of the existing building and would not overlook onto neighbouring properties.
5Kevin Fagan, also representing the Applicant, confirmed that the rooftop terrace would be used as amenity space for the office tenant and that the railings surrounding the terrace would be opaque.
6City Planner Margot Linker responded to questions from the Committee and confirmed that the property does have legal non-conforming rights to operate as an office use in a residential zone.
7Mr. Alain further responded to concerns regarding a lack of parking and clarified that the lot has four parking spaces on site, where three are required as per the Zoning By-law.
8The Committee also heard oral submissions from the following individuals:
- R. Prefasi, resident, raised concerns regarding a lack of available parking for future employees.
9Mr. Alain responded to Mr. Prefasi’s concerns, explaining that there are currently four parking spaces located on the subject property and that alternative parking options were available in the neighbourhood, including renting spaces on a nearby lot. Mr. Alain stated that any future tenants would be made aware of parking constraints.
10Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Permission: Application Must Satisfy Two-Part Test
11The Committee has the power to permit an extension of a legal non-conforming use under subsection 45(2) of the Planning Act based upon both the desirability for development of the property in question and the impact on the surrounding area.
Evidence
12Evidence 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, site plan.
City Planning Report received September 28, 2023, with no concerns.
Rideau Valley Conservation Authority email dated September 29, 2023, with no objections.
P. Kingston, resident, email dated September 22, 2023, in opposition.
G. Sholdice, resident, email dated October 3, 2023, in opposition.
T. Clifford, resident, email dated October 3, 2023, with concerns.
R. and S. Prefasi, residents, email dated October 3, 2023, with concerns.
Effect of Submissions on Decision
13The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
14Based on the evidence, the Committee is satisfied that the requested permission meets the two-fold test relating to desirability and impact.
15The Committee notes that the City’s Planning Report raises “no concerns” regarding the application. The report highlights that, “it does not appear that this addition will impact the streetscape,” noting as well that, “Staff appreciate that the west elevation will have no windows in the addition, posing no additional privacy impacts to the yard to the west.”
16The Committee further notes that no compelling evidence was presented that the proposal would create any unacceptable impact on abutting properties or the neighbourhood in general.
17Considering the circumstances, the Committee finds that because the proposal fits well within the area, the requested permission is, from a planning and public interest point of view, desirable for the appropriate use of the land, building or structure on the property, and relative to the neighbouring lands.
18The Committee also finds that the proposal will not create any unacceptable adverse impact on abutting properties or the neighbourhood in general.
19THE COMMITTEE OF ADJUSTMENT therefore permits the expanded use, subject to
a. The proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped August 22, 2023.
b. The relief applying to the existing building known municipally as 107 Pretoria Avenue and being restricted to the life of this building only.
Absent ANN M. TREMBLAY CHAIR
“John Blatherwick” JOHN BLATHERWICK ACTING CHAIR
Absent SIMON COAKELEY MEMBER
“Arto Keklikian” ARTO KEKLIKIA MEMBER
“Sharon Lécuyer” SHARON LÉCUYER MEMBER
“Julianne Wright” JULIANNE WRIGHT MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated October 13, 2023.
“Matthew Garnett” Matthew Garnett
Acting 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 2, 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/](https://can01.safelinks.protection.outlook.com/?url=https%3A%2F%2Folt.gov.on.ca%2F&data=04%7C01%7Cmandy.nguyen%40ottawa.ca%7C4a402e587dca4eec381008d92a9c13e2%