Committee of Adjustment
Comité de dérogation
DECISION
MINOR VARIANCE / PERMISSION
September 29, 2023
Panel:
2 - Suburban
D08-02-23/A-00151
Application:
Minor Variance
Owner(s)/Applicant(s):
Elsie Pietroniro
Property Address:
515 Supernova Street
Ward:
22 – Riverside South – Findlay Creek
Legal Description:
Lot 136, Plan 4M-1641
Zoning:
R4Z
Zoning By-law:
2008-250
Hearing Date:
September 19, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to construct an addition at the rear of the existing detached dwelling, as shown on the plans filed with the Committee.
REQUESTED VARIANCES
2The Owner requires the Committee’s authorization for a minor variance from the Zoning By-law to permit a reduced rear yard setback of 5.13 metres, whereas the By-Law requires a minimum rear yard setback of 6 metres.
PUBLIC HEARING
Oral Submissions Summary
3Patrick Bustin, Agent for the Applicant, stated that the fence bordering the rear property line is 7 feet high, and anyone sitting on the deck would not be able to see the neighbouring property’s grass in the rear yard.
4The Committee also heard oral submissions from the following individual:
- J. Alam, resident, raised concerns regarding lack of privacy. Mr. Alam confirmed that, once the proposal was clarified at the hearing, he had no further concerns.
5City Planner Siobhan Kelly was also present.
6Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Four-Part Test
7The 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
8Evidence 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, photo of the posted sign, and a sign posting declaration.
City Planning Report email dated September 14, 2023.
Rideau Valley Conservation Authority email dated September 14, 2023.
Hydro Ottawa email dated September 19, 2023, with no concerns.
J. Alam email dated September 19, 2023, with concerns.
Effect of Submissions on Decision
9The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
10Based on the evidence, the Committee is satisfied that the requested variances meet all four requirements under subsection 45(1) of the Planning Act.
11The Committee notes that the City’s Planning Report raises “no concerns” regarding the application. The report highlights that, “as the rear yard is enclosed with a fence and the addition complies with required side yard setbacks, the variance will not create undue adverse impacts on adjacent properties.”
12The Committee also notes that no compelling evidence was presented that the variances would result in any unacceptable adverse impact on neighbouring properties.
13Considering 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.
14The 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.
15In 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.
16Moreover, 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.
17THE COMMITTEE OF ADJUSTMENT therefore authorizes the requested variance, subject to the location and size of the proposed construction being in accordance with the site plan filed, Committee of Adjustment date stamped August 18, 2023, and the elevations filed, Committee of Adjustment date stamped August 18, 2023, as they relate to the requested variances.
“Fabian Poulin” FABIAN POULIN VICE-CHAIR
“Jay Baltz” 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 September 29, 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 October 19, 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