Committee of Adjustment / Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
Date of Decision: November 10, 2023
Panel: 3 - Rural
File No(s).: D08-02-23/A-00244
Application: Minor Variance under section 45 of the Planning Act
Owner(s)/Applicant(s):: Karen Proud
Property Address: 1342 Corkery Road
Ward: 5 – West Carleton-March
Legal Description: Part Lot 13, Concession 8, Geographic Township of Huntley; Part 1 on Plan 5R-9315; Geographic Township of West Carleton
Zoning: RU
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 extend and convert an existing garage into a coach house dwelling on their property, as shown on plans filed with the Committee.
REQUESTED VARIANCE
2The Owner/Applicant requires the Committee’s authorization for a minor variance from the Zoning By-law as follows:
a) To permit an increased footprint area for a building containing a coach house of 116.22 square metres, whereas the By-law permits a maximum building footprint of 95 square metres.
PUBLIC HEARING
Oral Submissions Summary
3Karen Proud, the Owner of the property, responded to questions from the Committee.
4City Planner Luke Teeft responded to questions from the Committee regarding a request in his Planning Report for a development agreement with the City as a condition of approval. He addressed the intent of the agreement, which is to register a notice on title concerning groundwater, as well as the timeline for clearance and its relevance to the requested variance.
5Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
6The 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
7Evidence 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 revised cover letter, plans, sketch, parcel registry, a photo of the posted sign, and a sign posting declaration.
- City Planning Report received October 26, 2023, with no concerns.
- Mississippi Valley Conservation Authority email dated October 23, 2023, with no objections.
- Hydro Ottawa email received October 19, 2023, with no comments.
- Ministry of Transportation email dated October 30, 2023, with no comments.
Effect of Submissions on Decision
8The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
9Based on the evidence, the Committee is satisfied that the requested variance meets all four requirements under subsection 45(1) of the Planning Act.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the application, however requests that “a notice on title for groundwater quality and quantity be placed on the property” as a condition of approval.
11The Committee also notes that no evidence was presented that the variance would result in any unacceptable adverse impact on neighbouring properties.
12Considering the circumstances, the Committee finds that because the proposal fits well in the neighbourhood, 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.
13The 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.
14In 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.
15Moreover, 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.
16As for the City’s requested condition of a notice on title concerning groundwater, the Committee finds that this condition is not reasonable or necessary considering the minor increase in building footprint.
17THE 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 October 3, 2023, as they relate to the requested variance.
“William Hunter” WILLIAM HUNTER VICE-CHAIR
“Terence Otto” TERENCE OTTO MEMBER
Absent 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 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