Committee of Adjustment / Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Date of Decision: November 10, 2023
Panel: 2 - Suburban
File No(s).: D08-02-23/A-00241
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s): Invest Rite Corp.
Property Address: 2847 Riverside Drive
Ward: 16 - River
Legal Description: Part of Lot 44, Registered Plan 66
Zoning: GM1 F(1.0)
Zoning By-law: 2008-250
Hearing Date: October 31, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to construct a pharmacy and clinic, as shown on the plans filed with the Committee. The existing building 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 interior side yard setback of 3.39 metres where abutting a residential zone to the south, whereas the By-Law requires a minimum interior side yard setback of 5 metres abutting a residential zone.
b) To permit no landscape buffer on the south side where there is a 1.4 metre high opaque fence being proposed, whereas the By-Law requires a minimum 1 metre wide landscape buffer where a 1.4 metre high opaque fence is provided.
PUBLIC HEARING
Oral Submissions Summary
3Jasmine Paolini, agent for the Applicant, stated that a revised site plan was filed which demonstrated that the waste storage area was compliant with the requirements of the Zoning By-law.
4City Planner Justin Grift stated no concerns with the application and confirmed that the revised site plan had been received.
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 tree information report, revised site plan and a sign posting declaration.
City Planning Report received October 26, 2023, with no concerns.
Rideau Valley Conservation Authority email received October 26, 2023, with no objections.
Hydro Ottawa email received October 19, 2023, with comments.
Ministry of Transportation email received October 30, 2023, with no comments.
G. Brown, neighbour, email dated October 30, 2023, in support.
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, highlighting that “the reduced side yard setback will not result in negative impacts to the adjacent residential-zoned property.” And that “adequate soft landscaping will be provided in the front yard and between the parking lot and side and rear property lines.”
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 revised 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.
“Fabian Poulin” FABIAN POULIN VICE-CHAIR
Absent JAY BALTZ MEMBER
“George Barrett” GEORGE BARRETT MEMBER
“Heather MacLean” HEATHER MACLEAN 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 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