Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Panel: 3 - Rural
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s): ZGI Cumberland Inc.
Property Address: 3025 Regional Road 174
Ward: 1 – Orleans East-Cumberland
Legal Description: Part of Lot 9, Concession 1 (Old Survey)
Zoning: RU
Zoning By-law: 2008-250
Hearing Date: October 3, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to construct a three-storey detached dwelling with secondary dwelling unit, as shown on plans filed with the application.
CONSENT IS REQUIRED FOR THE FOLLOWING
2The Applicant requires the Committee’s authorization for a minor variance from the Zoning By-law to permit an increased building height of 12.95 metres, whereas the By-Law permits a maximum building height of 12 metres.
PUBLIC HEARING
Oral Submissions Summary
3Peter Cai, agent for the Applicant, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request. Mr. Cai also confirmed that the Conservation Authorities were contacted prior to the removal of the trees on site.
4The Committee also heard oral submissions from the following individual:
- G. Shaw, neighbour, stated concerns regarding water drainage, tree conservation, the shoreline erosion, damages to a shared driveway and the negative environmental impacts.
5City Planner Luke Teeft stated no concerns with the application. He advised that the trees on the subject property were not covered under the City’s Tree Protection By-law and further confirmed that any drainage issue would be addressed through the building permit process.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test:
1The 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
2Evidence 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 planning rationale, plans, a photo of the posted sign, and a sign posting declaration.
City Planning Report received September 29, 2023, with no concerns.
Rideau Valley Conservation Authority email dated September 29, 2023, with no objections.
Ministry of Transportation email dated September 21, 2023, with no comments.
G. Shaw, neighbour, email dated September 20, 2023, with concerns.
P. Eyre, neighbour, email dated October 3, 2023, in support.
Effect of Submissions on Decision
3The Committee considered all written and oral submissions relating to the application in making its decision and granted. the application.
4Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
5The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
6The Committee also notes that no compelling evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
7Considering 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.
8The 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 neighbourhood.
9In addition, the Committee finds that the requested variance maintains 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.
10Moreover, the Committee finds that the requested variance, is minor because it will not create any unacceptable adverse impact on abutting properties or
the neighbourhood in general.
11THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variance, subject to the location and size of the proposed construction being in accordance with the plans filed, Committee of Adjustment date stamped August 28, 2023, as they relate to the requested variance.
“William Hunter” WILLIAM HUNTER VICE-CHAIR
“Terence Otto” TERENCE OTTO MEMBER
“Beth Henderson” BETH HENDERSON MEMBER
“Martin Vervoort” MARTIN VERVOORT MEMBER
“Jocelyn Chandler” JOCELYN CHANDLER 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/. 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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